IN THE CASE OF:	

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130006149 


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 his unit was awarded the VUA on 4 May 1991 for service in the Gulf War.

3.  The applicant provides:

* DD Form 214
* documentation pertaining to the VUA

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.  Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 23 October 1990.  He served as a cavalry scout and he was honorably released from active duty on 24 March 1992.

3.  His DD Form 214 does not show the VUA as an authorized award.

4.  His DD Form 214 shows his last duty assignment and major command as Troop B, 1st Squadron, 4th Cavalry, 1st Infantry Division.

5.  The Defense Manpower Data Center compiled the Operations Desert Shield/
Desert Storm data base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base shows the applicant served in Southwest Asia from 27 December 1990 to 11 May 1991.

6.  Headquarters, Department of the Army, General Orders Number 22, dated 30 August 1991, show the 1st Squadron, 4th Armored Cavalry Regiment, was awarded the VUA for actions during the period 17 January 1991 to 3 March 1991.

DISCUSSION AND CONCLUSIONS:

Orders show the applicant's unit was awarded the VUA during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 award of the VUA 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.

ABCMR Record of Proceedings (cont)                                         AR20130006149



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ABCMR Record of Proceedings (cont)                                         AR20130006149



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