BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100017456
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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show award of a Valorous Unit Award and issuance of the award.
2. He states his unit was awarded the Valorous Unit Award and he never received his award.
3. He provides an article on the 317th Engineer Battalion "Buffaloes."
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. His military records show he enlisted in the Regular Army on 11 August 1988. He held military occupational specialty 62J, General Construction Equipment Operator. He served in Germany from 1 January 1989 through 7 November 1991 and in Southwest Asia from 5 December 1991 through 2 May 1991. He was assigned to Company D, 317th Engineer Battalion.
3. He was honorably released from active duty on 20 February 1992 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:
* Army Service Ribbon
* National Defense Service Ribbon
* Army Lapel Button
* Southwest Asia Service Medal with 3 bronze service stars
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* German Armed Forces Marksman Badge (Bronze)
* Army Achievement Medal (1st Oak Leaf Cluster)
* Kuwait Liberation Medal
4. He provides an article on the 317h Engineer Battalion "Buffaloes" which stated the battalion was deployed to Southwest Asia in December 1990 and Company D was awarded the Valorous Unit Award for the first coalition force to breach the Saudi Arabian border on 15 February 1991.
5. A review of the Army Human Resources Command Military Awards Branch Approved Unit Awards records system was conducted. This review shows the Company D, 317th Engineer Battalion was awarded the Valorous Unit Award for the period 15 February 1991 to 25 February 1991 by Department of the Army General Orders Number 20, dated 1991.
6. Army Regulation 600-8-22 (Military Awards), in effect at the times, stated that unit award emblems would be supplied upon approval of requisitions submitted to the Commander, the U.S. Army Support Activity, currently known as the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry Product Support Integration Directorate (PSID), P.O. Box 57997, Philadelphia, PA 19111.
7. Army Regulation 600-8-22 also provides for the following awards:
a. 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.
b. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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 confirms the applicant was assigned to Company D, 317th Engineer Battalion and this unit awarded the Valorous Unit Award during his period of service in Southwest Asia. Therefore, he is entitled to have this award shown on his DD Form 214.
2. Based on his participation in the Persian Gulf War between 2 August 1990 and 31 August 1993 he is also entitled to the KLM-SA, awarded by the Government of Saudi Arabia as well as the KLM-K awarded by the Government of Kuwait. Therefore, he is also entitled to a correction of his DD Form 214 to reflect these awards.
3. With respect to his request for the issuance/replacement unit emblem, his request may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. Once verified, the replacement medals and devices are shipped to you by the U.S. Army TACOM Clothing and Heraldry PSID, P.O. Box 57997, Philadelphia, PA 19111.
4. In view of the foregoing, his records should be corrected as recommended below.
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:
* deleting from item 13 of his DD Form 214 the Kuwait Liberation Medal
* adding to item 13 of his DD Form 214 the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Valorous Unit Award
* providing him a corrected separation document that includes these awards
_______ _ 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) AR20100017456
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ABCMR Record of Proceedings (cont) AR20100017456
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