BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130003493 


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 award of the Valorous Unit Award (VUA).

2.  The applicant states the VUA was given to the 2nd Armored Cavalry Regiment for heroism in Iraq during the period 23 to 26 February 1991, but the citation was issued after he was discharged in 1992.

3.  The applicant provides no additional documentation.

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.  On 27 February 1985, the applicant enlisted in the Regular Army.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  Item 5 (Overseas Service): that he served in Saudi Arabia from 
13 December 1990 to 27 April 1991; and

	b.  Item 35 (Record of Assignments): that his last active duty assignment began on 31 July 1990 and was with Supply and Transport Company, Regimental Support Squadron, 2nd Armored Cavalry Regiment.

4.  On 3 June 1992, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist, pay grade E-4, and completed 7 years, 3 months, and 7 days of creditable active service.

5.  The applicant's DD Form 214 lists his awards as:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Army Commendation Medal
* Army Achievement Medal (two awards)
* Army Good Conduct Medal (two awards)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge

6.  Records show Department of the Army General Orders Number 27, dated 1994, awarded the 2nd Squadron (Support), 2nd Armored Cavalry Regiment the VUA for its action from 23 to 26 February 1991.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The KLM-SA awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.


	b.  The KLM-K awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 
31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the VUA.

2.  The available evidence shows the applicant served in Southwest Asia with the Regimental Support Squadron, 2nd Armored Cavalry Regiment during the period the VUA was awarded to the unit.  Therefore, this unit award should be shown on his DD Form 214.

3.  The applicant served during a qualifying period for award of the KLM-SA and the KLM-K.  Therefore these two awards should be shown on his DD Form 214.

4.  In view of the above, the applicant's request should be granted.

BOARD VOTE:

__x______  _x_______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  deleting from his DD Form 214 the Kuwait Liberation Medal; and



	b.  adding to his DD Form 214 the Valorous Unit Award, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait.




      _______ _   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)                                         AR20130003493



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ABCMR Record of Proceedings (cont)                                         AR20130003493



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