IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110001580
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 the:
* Valorous Unit Award (VUA)
* Combat Service Identification Badge (CSIB)
2. The applicant states he served with the 1st Battalion, 101st Aviation Regiment in Southwest Asia during Operations Desert Shield/Storm. He recently became aware that this unit was awarded the VUA. Additionally, the Army recently announced the CSIB to be worn in place of the shoulder-sleeve insignia - former wartime service (SSI-FWTS) on the Army Service Uniform (ASU).
3. The applicant provides his DD Form 214.
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's records show he enlisted in the Regular Army on 10 November 1987 and held military occupational specialty (MOS) 67V (Observation/Scout Helicopter Repairer).
3. He served in Southwest Asia in support of Operations Desert Shield/Storm with the 1st Battalion, 101st Aviation from 19 August 1990 to 6 April 1991. He was honorably released from active duty on 30 June 1992. His DD Form 214 for this period of service does not show award of the VUA.
4. He served in an active duty status from 4 January 1995 to 26 July 1995, until he was discharged to accept a warrant in the Army. He completed no foreign service during this period of service.
5. He was appointed as a Reserve warrant officer and executed an oath of office on 27 July 1995. He entered active duty that date and served in the Aviation Branch, specialty 152H (AH-64 Attack Helicopter Pilot), and he was promoted to chief warrant officer two (CW2).
6. He was discharged on as on 2 February 2000 by reason of physical disability. His DD Form 214 for this period of service does not show award of the VUA.
7. Department of the Army General Order Number 1, dated 31 March 1996, awarded the 1st Battalion, 101st Aviation the VUA for service on 24 February 1991.
8. The CSIB was announced in All Army Activity Message Number 202/2008. The CSIB is a new item to be worn when available in place of the SSI-FWTS on the ASU. It is ranked below the Presidential, Vice Presidential, Secretary of Defense, and Joint Chiefs of Staff Identification Badges. The CSIB is also worn on the shirt when wearing the class B version of the ASU as prescribed in paragraph 29-18 of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia). Similar to the SSI-FWTS, this badge is an item of clothing.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit during Operation Deserts Shield/Storm was awarded the VUA which is not shown on his DD Form 214; therefore, he is entitled to correction of his last DD Form 214 to show this award.
2. With respect to the CSIB, similar to the SSI-FWTS, it is an item of clothing and not an award or decoration; therefore, it is not authorized for entry on the
DD Form 214 or any other place in military records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ ____X___ ____X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 of his 2000 DD Form 214 the VUA.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the CSIB.
_________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) AR20110001580
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110001580
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022699
The applicant provides: * two DD Forms 214 * 19871204-19941007 * 20020523-20041020 * General Orders Number 1, Headquarters, 1st Armored Division, Operation Desert Storm, dated 21 March 1991 * DA Form 2-1 (Personnel Qualification Record Part II) CONSIDERATION OF EVIDENCE: 1. 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...
ARMY | BCMR | CY2012 | 20120021223
It shows he was awarded the ARCOM for meritorious service while assigned to 3rd Battalion, 101st Aviation Regiment, deployed to Combined Joint Operations Area (CJOA) Afghanistan in support of OEF from 1 March 2002 to 15 August 2002. The evidence of record shows he served on active duty on 11 September 2001 and for more than 30 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form...
ARMY | BCMR | CY2010 | 20100021389
The guidance for preparation of item 18 states the following entry will be entered for active duty Soldiers deployed with their units to a foreign country during the period covered by the DD Form 214: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." It states that SSI-FWTS insignia is authorized for service in Somalia from 5 December 1992 to 31 March 1995, both dates inclusive, for Soldiers who participated in Operations Restore Hope/Continue...
ARMY | BCMR | CY2014 | 20140007568
Application for correction of military records (with supporting documents provided, if any). The applicant requests correct of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service in Panama in 1989 * his foreign service in Southwest Asia in 1991 * his foreign service in support of Operation Iraqi Freedom (OIF) in 2003 * the combat patches (properly known as shoulder sleeve insignia-former wartime service (SSI-FWTS)) he received for each of...
ARMY | BCMR | CY2009 | 20090008256
BOARD DATE: 10 December 2009 DOCKET NUMBER: AR20090008256 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he completed the Survive, Evade, Resist, and Escape (SERE) High Risk (Level C) Course at the U.S. Army John F. Kennedy Special Warfare Center and School. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement,...
ARMY | BCMR | CY2007 | 20070014224
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of the applicant's DD Form 214 does not show award of the Southwest Asia Service Medal with one bronze service star or the Kuwait Liberation Medal. Army Regulation 600-8-22 further provides, in pertinent part, that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert...
ARMY | BCMR | CY2012 | 20120013126
The applicant requests award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and the Army combat patch, otherwise known as the Shoulder Sleeve Insignia Former Wartime Service (SSI-FWTS). Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940;...
ARMY | BCMR | CY2010 | 20100000922
Application for correction of military records (with supporting documents provided, if any). Therefore, there is insufficient evidence to support correction of his records to show two awards of the Army Achievement Medal. In addition, there are no orders or other evidence in the applicant's military service records that shows he was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2012 | 20120008963
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Meritorious Unit Commendation (MUC), Kuwait Liberation Medal-Government of Kuwait (KLM-KU), and a Shoulder Sleeve Insignia (SSI). The applicant states these items were never added to his DD Form 214 and should have been placed in his record as soon as he received the awards. The evidence of record shows he was deployed to Saudi Arabia from 16 February 1991 to 10 May 1991;...
ARMY | BCMR | CY2010 | 20100029430
Army Regulation 635-5 (Separation Documents) states that for military education entries in item 14 to list in-service training courses by title, number of weeks, and the year successfully completed during the period of service covered by the DD Form 214. Therefore, he did not complete a qualifying period of service for the Kuwait Liberation Medal and is not entitled to correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army...