IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160012710 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 IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160012710 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 two Army Superior Unit Awards 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. IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160012710 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 two Army Superior Unit Awards (ASUA). 2. The applicant states: a. His unit (62d Engineer Battalion, 1st Armored Division) was awarded the ASUA for participation in Task Force Eagle during the period 15 October 1995 to December 1996. b. The second ASUA was awarded to his unit (Headquarters and Support Company, 62d Engineer Battalion) for participation in Task Force Eagle Covering Force, 1st Infantry Division, during the period 10 November 1996 to 4 April 1997. c. He participated in the actions for which these awards were authorized during his deployment to Bosnia-Herzegovina with Headquarters and Support Company, 62d Engineer Battalion, from 10 October 1996 to 1 April 1997. d. He believes the two ASUAs were unintentionally left out of his service record because of the confusing nature of his transition from one military occupational specialty to another, reclassifying his military occupational specialty, and reassignment to a new unit. A fellow Soldier informed him their unit received two ASUAs. He researched it and discovered the general orders. 3. The applicant provides: * ASUA orders * amended unit movement orders * deployment orders * roster of personnel on deployment * DA Form 638 (Recommendation for Award) * certificate of achievement 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 enlisted in the Regular Army on 23 October 1995. 3. He provided a DA Form 638, dated 21 June 1999, for award of the Army Commendation Medal for meritorious service while assigned to Headquarters and Support Company, 62d Engineer Battalion, during the period 1 January 1996 to 1 October 1999. This form states from October 1996 through April 1997 the applicant served as the battalion operation officer's driver during the 62d Engineer Battalion's deployment to Bosnia-Herzegovina in support of Operation Joint Guard/Endeavor. 4. On 9 August 2002, he was honorably discharged. 5. His DD Form 214 does not show award of the ASUA. 6. He also provided Department of the Army General Orders Number 25, dated 8 June 2001, showing the ASUA was awarded to the following units for meritorious service in connection with difficult and challenging missions during peacetime: a. 62d Engineer Battalion assigned/attached to Task Force Eagle, 1st Armored Division, for the period 15 October 1995 to 10 December 1996. b. Headquarters and Support Company, 62d Engineer Battalion, assigned/attached to Task Force Eagle, 1st Infantry Division, for the period 10 November 1996 to 4 April 1997. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the ASUA was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime. The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award. DISCUSSION: 1. The applicant's unit (62d Engineer Battalion) was awarded the ASUA while he was assigned to it in October 1996. His DD Form 214 does not show this award. 2. His unit (Headquarters and Support Company, 62d Engineer Battalion) was awarded the ASUA while he was assigned to it during the period November 1996 to April 1997. His DD Form 214 does not show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012710 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012710 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2