IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110003276
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 all medals, awards, ribbons, and citations he is entitled to, issuance of any awards not currently listed, and issuance of a DD Form 215 (Correction to DD Form 214).
2. He states he served his country and is due any awards that are not shown on his DD Form 214.
3. He provides no additional evidence.
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 13 November 2001. He was honorably released from active duty on 12 November 2004 after completing 3 years of active military service.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Commendation Medal with "V" Device
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Lapel Button
* Army Service Ribbon
* two overseas service bars
4. Item 18 (Remarks) of his DD Form 214 shows he served in Kuwait and Iraq from 2 April 2003 to 1 April 2004.
5. His Enlisted Record Brief shows he was assigned to the 3rd Armored Cavalry Regiment Tank Company from 18 April 2002 through his release from active duty.
6. Department of the Army General Orders 11, dated 2009, awarded the Valorous Unit Award (VUA) to the 3rd Armored Cavalry for the period 25 April to 18 September 2003.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the 3rd Armored Cavalry Regiment during a period for which the unit received the VUA. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
2. Aside from the VUA, the available documentation does not show he is entitled to any additional medals, awards, ribbons, or citations.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the VUA to item 13 of his DD Form 214 and issuing a DD Form 215 to show this correction.
____________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) AR20110003276
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ABCMR Record of Proceedings (cont) AR20110003276
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