IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090016006
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 that the Valorous Unit Award (VUA) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was assigned to the 1st Battalion, 75th Ranger Regiment during the period it was awarded the Valorous Unit Award for the March 2003 rescue of Jessica Lynch. The award was not authorized until after he had been separated from active duty.
3. The applicant provides copies of his DD Form 214, a DD Form 215 (Correction to the DD Form 214), and a 26 January 2006 news article.
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 applicants 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 applicants 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 (RA) on 31 July 2001, completed training, and was awarded military occupational specialty (MOS) 11B (Infantryman). He attained the rank/grade specialist (SPC)/E-4.
3. On 21 May 2005, he was honorably released from active duty in accordance with Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), paragraph 5-1, for the purpose of attending school.
4. His DD Form 214 for the period ending 21 May 2005, as amended by a DD Form 215, dated 31 July 2009, provides the following:
a. he was assigned to B Company, 1st Battalion, 75th Ranger Regiment (Airborne);
b. he served in Afghanistan from 22 September 2002 to 5 November 2002 and from 30 March 2004 to 7 July 2004. He served in Iraq from 3 March 2003 to 29 April 2003, 10 October 2003 to 3 January 2004, and 4 January 2005 to 5 April 2005, and
c. his authorized awards are the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal with one bronze service star, Iraq Campaign Medal with three bronze service stars, Army Service Ribbon, Combat Infantryman Badge, Expert Infantryman Badge, Parachutist Badge, Combat Patch, three overseas service bars, and the Army Lapel Button.
5. A U.S. Army Human Resources Command, Alexandria, VA memorandum, subject: Recommendation for Award of the VUA, dated 28 April 2005, shows that Headquarters and Headquarters Company, 75th Ranger Regiment and its subordinate units were awarded the Valorous Unit Award for the period 29 March 2003 to 2 April 2003.
6. The citation issued for the VUA cites Headquarters and Headquarters Company, 75th Ranger Regiment and its subordinate units, for exceptional valor during Operation Restore Hope in its efforts to recover American prisoners of war and the remains of several fallen Soldiers from the 507th Maintenance Company.
7. An Associated Press news article (from www.military.com/NewsContent), dated 30 January 2006, states that the 1st Battalion, 75th Ranger Regiment received the VUA for its nighttime raid on an Iraqi hospital to free Jessica Lynch.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was assigned to the 1st Battalion, 75th Ranger Regiment during the period it was awarded the VUA for the March 2003 rescue of Jessica Lynch. The award was not authorized until after he had been separated from active duty.
2. The applicant was assigned to the 75th Ranger Regiment during the period it was awarded the VUA during Operation Restore Hope. Therefore, it would be appropriate to correct his records to reflect 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 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 adding to item 13 (Decorations, Medals Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the Valorous Unit Award.
___________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) AR20090016006
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ABCMR Record of Proceedings (cont) AR20090016006
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