IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001580 


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 the:

* Valorous Unit Award (VUA)
* Combat Service Identification Badge (CSIB)

2.  The applicant states he served with the 1st Battalion, 101st Aviation Regiment in Southwest Asia during Operations Desert Shield/Storm.  He recently became aware that this unit was awarded the VUA.  Additionally, the Army recently announced the CSIB to be worn in place of the shoulder-sleeve insignia - former wartime service (SSI-FWTS) on the Army Service Uniform (ASU). 

3.  The applicant provides his DD Form 214. 

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's records show he enlisted in the Regular Army on 10 November 1987 and held military occupational specialty (MOS) 67V (Observation/Scout Helicopter Repairer).  

3.  He served in Southwest Asia in support of Operations Desert Shield/Storm with the 1st Battalion, 101st Aviation from 19 August 1990 to 6 April 1991.  He was honorably released from active duty on 30 June 1992.  His DD Form 214 for this period of service does not show award of the VUA.

4.  He served in an active duty status from 4 January 1995 to 26 July 1995, until he was discharged to accept a warrant in the Army.  He completed no foreign service during this period of service.

5.  He was appointed as a Reserve warrant officer and executed an oath of office on 27 July 1995.  He entered active duty that date and served in the Aviation Branch, specialty 152H (AH-64 Attack Helicopter Pilot), and he was promoted to chief warrant officer two (CW2).

6.  He was discharged on as on 2 February 2000 by reason of physical disability. His DD Form 214 for this period of service does not show award of the VUA.

7.  Department of the Army General Order Number 1, dated 31 March 1996, awarded the 1st Battalion, 101st Aviation the VUA for service on 24 February 1991.

8.  The CSIB was announced in All Army Activity Message Number 202/2008.  The CSIB is a new item to be worn when available in place of the SSI-FWTS on the ASU.  It is ranked below the Presidential, Vice Presidential, Secretary of Defense, and Joint Chiefs of Staff Identification Badges.  The CSIB is also worn on the shirt when wearing the class B version of the ASU as prescribed in paragraph 29-18 of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia).  Similar to the SSI-FWTS, this badge is an item of clothing.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit during Operation Deserts Shield/Storm was awarded the VUA which is not shown on his DD Form 214; therefore, he is entitled to correction of his last DD Form 214 to show this award.  

2.  With respect to the CSIB, similar to the SSI-FWTS, it is an item of clothing and not an award or decoration; therefore, it is not authorized for entry on the
DD Form 214 or any other place in military records.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his 2000 DD Form 214 the VUA.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the CSIB.  



      _________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.

ABCMR Record of Proceedings (cont)                                         AR20110001580



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ABCMR Record of Proceedings (cont)                                         AR20110001580



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