IN THE CASE OF: BOARD DATE: 26 May 2015 DOCKET NUMBER: AR20140017972 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 award of the Valorous Unit Award. 2. The applicant states the unit he was attached to, the 3rd Battalion, 66th Armored (AR) Regiment, was under the 2nd Armored Cavalry Regiment (ACR), which was awarded the Valorous Unit Award. He is providing a DA Form 638-1 (Recommendation for Award) that shows his relationship with the 3rd Battalion, 66th AR Regiment, and an article showing units that had been awarded the Valorous Unit Award in 1991. 3. The applicant provides DA Form 638-1 (Recommendation for Award) and two pages titled "For Unit Valor in Battle." 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 18 March 1983. On 5 January 1990, he was assigned to D Company, 17th Engineer Battalion, Germany. His DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia from 3 January to 9 May 1991. 3. He provides a DA Form 638-1, dated 5 December 1991, wherein it shows the Commander (CDR), D Company, 17th Engineer Battalion, Germany, submitted a recommendation for an award of the Army Commendation Medal to the applicant through the CDR, 3rd Battalion, 66th AR Regiment, Germany, to the approving authority, the CDR, 3rd Brigade, 2nd Armored Division (AD), Germany. 4. He was honorably released from active duty on 4 January 1994 and he was transferred to the U.S. Army Reserve. 5. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued does not show he was awarded or entitled to the Valorous Unit Award. 6. There is no evidence in his record that shows D Company, 17th Engineer Battalion was attached to the 3rd Battalion, 66th AR Regiment, or the 2nd ACR, before, during or after service in Southwest Asia. 7. He provides an article, undated wherein it shows the 2nd ACR, [VII Corps], Germany, was awarded the Valorous Unit Award in 1991. 8. A review of the U.S. Army Human Resources Command (HRC) website shows Company A and Company B, 3rd Battalion, 66th AR, were cited for award of the Valorous Unit Award for the period 15 February through 3 March 1991 by Department of the Army General Orders (GO) Number 20, dated 1991. 9. The HRC website does not show that D Company, 17th Engineer Battalion, was cited for award of the Valorous Unit Award during the applicant's period of assignment to the unit. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant was assigned to D Company, 17th Engineer Battalion, during his service in Southwest Asia. However, there is no evidence that shows his unit was awarded the Valorous Unit Award during his period of assignment to the unit. 2. While award requests for Soldiers in the 17th Engineer Battalion may have been submitted through the CDR, 3rd Battalion, 66th AR Regiment, to the CDR, 3rd Brigade, 2nd AD, this does not mean the 17th Engineer Battalion was attached to the 3rd Battalion, 66th AR Regiment, and would not automatically qualify members of the 17th Engineer Battalion for entitlement to all awards the 3rd Battalion, 66th AR Regiment, had been awarded. In addition, only Companies A and B, 3rd Battalion, 66th AR, were cited for award of the Valorous Unit Award, not the entire battalion or regiment. 3. In view of the foregoing, there is no basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20140017972 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140017972 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1