IN THE CASE OF:	  

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20080000968 


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 records to show the Valorous Unit Award. 

2.  The applicant states that he served as a tank gunner with B Company, 2nd Battalion, 70th Armor, during Operation Desert Viper, from 24 February 1991 to 1 March 1991 in Southwest Asia and that he was injured on 1 March 1991.  He also adds that he was medically evacuated and was subsequently assigned to the 98th Medical Holding Detachment in Germany, where he was placed on the Temporary Disability Retired List (TDRL) in 1992 and discharged in 1994.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Endorsement, dated 1 November 1990, further reassigning the applicant to B Company, 2nd Battalion, 70th Armor;

	b.  Relief from Attachment Order Number 008-4, dated 8 January 1992, and further attachment to Walter Reed Army Medical Center, Washington, D.C;

	c.  Orders 042-2, dated 11 February 1992, Assignment to the Medical Holding Detachment, U.S. Army Hospital, Germany; and

	d.  Letter Orders Number D66-2, dated 7 April 1994, Applicant’s removal from the TDRL.

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 that he enlisted in the Regular Army for a period of 4 years on 3 March 1987.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19K (M-1 Abrams Armor Crewman).  He also executed a 4-year reenlistment on 11 July 1990.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  

3.  The applicant’s records further show that he served two tours in Germany during the periods 6 July 1987 to 13 July 1989 and 31 January 1990 to 16 June 1992.  Furthermore, his records show that, during his second tour, he was assigned to B Company, 2nd Battalion, 70th Armor, and that he served with this unit in Southwest Asia from 30 December 1990 to 4 May 1991 in support of Operations Desert Shield/Storm.

4.  The applicant's DA Form 2173 (Statement of Medical Examination and Duty Status) shows that on or about 0800 hours, 1 March 1991, while serving in Southwest Asia, the applicant sustained an injury to his right leg when his foot was caught in the spinning tank turret which resulted in an open fracture of his tibia.  He was subsequently evacuated to the U.S. Army Medical Hospital in Nuremberg, Germany for treatment and was ultimately transferred to Walter Reed Army Medical Hospital, Washington, D.C. 

5.  The applicant's records show that, after undergoing a Medical Evaluation Board (MEB) and  Physical Evaluation Board (PEB), he was placed on the TDRL on 19 June 1992.



6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal (2nd Oak Leaf Cluster), the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army service Ribbon, the Overseas Service Ribbon with Numeral 2, the Southwest Asia Service Medal with three bronze service stars, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter Marksmanship Qualification badge with Grenade Bar, and the Kuwait Liberation Medal.  Item 13 does not show the Valorous Unit Award. 

7.  Headquarters, Department of the Army general Orders Number 12, dated 13 May 1994, show that the 2nd Battalion, 70th Armor, was awarded the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 26 February 1991 to 28 February 1991.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

9.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

10.  The Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia (KLM-SA), 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 1991 and 28 February 1991.  




11.  The Kuwait Liberation Medal, awarded by the Government of Kuwait (KLM-K) 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 evidence of record shows that the applicant served in Southwest Asia from 30 December 1990 to 4 May 1991.  During this period of service, he was assigned to the 2nd Battalion, 70th Armor.  Furthermore, this unit was awarded the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 26 February 1991 to 28 February 1991.  Since the applicant's foot injury took place on 1 March 1991, it appears that the applicant’s period of service with this unit qualifies him for award of the Valorous Unit Award. Therefore, he is entitled to correction of his records to show this award.

2.  The evidence of record further shows that the applicant served a qualifying period in Southwest Asia for award of the Kuwait Liberation Medal, awarded by the Government of Kuwait (KLM-K) and the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia (KLM-SA).  His current DD Form 214 does not reflect both awards; therefore, he is entitled to correction of his records to show these awards.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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.  showing award of the Valorous Unit Award on the applicant's DD Form 214, dated 18 June 1992; 

	b.  deleting the entry "Kuwait Liberation Medal" from Item 18 (Remarks) of the applicant's DD Form 214, dated 18 June 1992, and replacing it with the entry "Kuwait Liberation Medal (K) and Kuwait Liberation Medal (S).”




							XXX
       _    _______   ___
       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)                                         AR20080000968



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ABCMR Record of Proceedings (cont)                                         AR20080000968



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