BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160005260 BOARD VOTE: _____x____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160005260 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Defense Superior Service Medal to his DD Form 214. ______________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160005260 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Defense Superior Service Medal (DSSM). 2. The applicant states his DD Form 214 was completed and provided to him the day before the DSSM was presented to him. 3. The applicant provides a copy of his DD Form 214. Additionally, he states he provides a copy of his DSSM award certificate, citation, and Special Order GU-068, dated 9 September 1999; however, none of these documents were included in his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant has prior enlisted service in the U.S. Army Reserve (USAR) as a member of the Reserve Officers’ Training Corps. On 11 May 1973, he was appointed as a commissioned officer in the USAR. 3. He entered active duty on 20 September 1973 in the Signal Corps. He was appointed a commissioned officer in the Regular Army on 20 September 1975 in conjunction with his promotion to first lieutenant. He served continuously on active duty in positions of increasing responsibility. He was promoted to colonel/pay grade O-6 on 1 August 1995. 4. A review of his DA Form 4037 (Officer Record Brief (ORB) dated 22 July 2000, maintained in his official military personnel file (OMPF) within the integrated Personnel Electronic Records Management System (iPERMS), shows on 31 July 1997, he was assigned to the United States Army Element, United States Space Command. He served as the Vice Director. In Section VIII (Awards and Decorations) it shows he was awarded the DSSM. No award orders were found in his OMPF to support the entry on his ORB. 5. On 31 January 2000, the applicant retired due to sufficient length of service in the rank/grade of colonel/O-6. His last duty assignment and major command shown on his DD Form 214 is the United States Space Command (a Unified Combatant Command of the Department of Defense (DoD)). His DD Form 214 does not list the DSSM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the DSSM is awarded by the Secretary of Defense to members of the Armed Forces of the United States who, after 6 February 1976, rendered superior meritorious service in a position of significant responsibility. The prescribing directive for the DSSM is Department of Defense (DOD) 1348.33–M (Manual of Military Decorations and Awards). 2. DOD Manual 1348.33, Volume 4 (Manual of Military Decorations and Awards: DOD Joint Decorations and Awards), paragraph 3.2 (DSSM), states the DSSM, established by Executive Order (E.O.) 11904, is the second highest precedence DoD Joint personal military decoration. The DSSM may be awarded by the Secretary of Defense to any Service member who has rendered superior meritorious service in a position of significant responsibility with the Office of the Secretary of Defense (OSD), the Organization of the Joint Chiefs of Staff, a specified or unified command, a Defense agency, or such other joint duty assignments (JDA) as may be designated by the Secretary of Defense. Service members assigned or attached to a Joint Task Force (JTF) as individuals (not as members of a Service unit) may be eligible for the DSSM. DSSM recommendations approved by a Combatant Commander will be processed entirely by the applicable Combatant Command. 3. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for United States military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. 4. Army Regulation 635-5 (Personnel Separation – Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states to use the following documents when preparing a DD Form 214WS (Worksheet): * enlisted record brief (ERB) computer generated * ORB computer generated * separation approval authority documentation, if applicable * separation order * any other document authorized for filing in the OMPF For item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. DISCUSSION: Although the orders awarding the applicant the DSSM are not available for review, his ORB shows he was awarded the DSSM for his meritorious service while assigned to the United States Space Command, a joint command. In preparing the DD Form 214 one of the authorized source documents is the ORB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005260 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005260 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2