IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110008441
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 award of the Valorous Unit Award (VUA).
2. The applicant states he was separated using temporary records and the VUA was not recorded on his DD Form 214.
3. The applicant provided copies of his DD Form 214, DA Form 2-1 (Personnel Qualification Record Part II), and two pages of Department of the Army General Orders (DAGO) Number 14.
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 on 23 May 1986. He completed training and was awarded military occupational specialty (MOS) 63D (Self-Propelled Field Artillery System Mechanic). He subsequently was reclassified into MOS 63Y (Track Vehicle Repairman).
3. On 30 March 1992, the applicant was discharged.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Good Conduct Medal, Southwest Asia Service (SWA) Medal with three bronze service stars, Kuwait Liberation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with T Bar. Item 18 (Remarks) contains the entry Service in SWA 21 December 1990 to 12 June 1991.
5. The applicant's DA Form 2-1 shows in item 38 (Record of Assignments) he was assigned to:
* Service Battery, 2nd Battalion, 82d Field Artillery, Germany from
21 December 1987 through 9 April 1990
* Company B, 547th Engineer Battalion [Germany] from 17 July 1990 through 30 September 1991
* Company D, 9th Engineer Battalion [Germany] from 7 October 1991 until on or about 29 March 1992
6. A review of the Gulf War Deployment Roster shows the applicant's period of deployment to Southwest Asia was from 16 January to 4 June 1991. His MOS was 63D and his units Unit Identification Code (UIC) was WAEUD0.
7. A review of the Army Force Management System web site shows UIC WAEUD0 is no longer active.
8. In support of his request, the applicant provides copies of two pages of DAGO Number 14 listing units that were awarded the VUA and Meritorious Unit Commendation. In the VUA section, the 23d Engineer Battalion (22 December 1990 20 May 1991) has been highlighted.
9. Army Regulation 600-8-22 (Military Awards) states the Valorous Unit Award is awarded 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the VUA.
2. The DAGO provided by the applicant clearly shows the 23d Engineer Battalion was awarded the VUA for actions during the period 22 December 1990 to 20 May 1991. The Gulf War Deployment Roster also shows the applicant was deployed to SWA from 16 January to 4 June 1991.
3. Unfortunately, there is no available evidence to show the applicant was assigned to a unit that was awarded the VUA during his period of deployment. Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.
4. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
______________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) AR20100008907
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110008441
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120000340
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 March 1992, to show award of the Valorous Unit Award. As a new issue, he requests, in effect, correction to his DD Form 214, for the period ending 30 March 1992, to show all his awards, training, military occupational specialties (MOSs), and various schools. The evidence of record further shows he was awarded MOS...
ARMY | BCMR | CY2014 | 20140006985
The evidence of record shows: a. the applicant's service in support of ODS in SWA qualified him for award of the: (1) SWASM and he participated in three campaigns during his service in SWA. d. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 29 April 1988 through 28 April 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2011 | 20110002379
The record contains the following two orders awarding the applicant the AAM for the reasons and periods indicated. The DD Form 214 he was issued at the time lists two awards of the AAM and 2 bronze service stars with his SWASM in item 13. _________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.
ARMY | BCMR | CY2003 | 2003083450C070212
The applicant requests that his report of separation (DD Form 214) be corrected to reflect his awards of the Good Conduct Medal (GCMDL), the Army Commendation Medal (ARCOM), the Kuwait Liberation Medal (KULM), the Southwest Asia Service Medal (SWASM), the National Defense Service Medal (NDSM), the Valorous Unit Award (VUA) and his Certificates of Achievement and Commendation. The DD Form 214 issued to him at the time of separation indicates that he served 2 years, 5 months and 6 days of...
ARMY | BCMR | CY2011 | 20110019530
Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. The evidence of record confirms that based on his service and campaign participation in SWA, the applicant is eligible for the VUA, KLM-SA, KLM-KU, and three bronze service stars with his SWASM. ___________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.
ARMY | BCMR | CY2013 | 20130000051
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (ARCOM) and Valorous Unit Award (VUA) and any other medals, citations and awards to which he is entitled. He provides an ARCOM award certificate, a listing of units awarded VUA, and DD Form 214. The evidence of record shows the applicant was awarded the ARCOM for meritorious achievement in combat operations during the period 17 January 1991 to 2...
ARMY | BCMR | CY2010 | 20100014086
Application for correction of military records (with supporting documents provided, if any). The applicant provides a copy of his DD Form 214, deployment orders, Deployment Environmental Surveillance Program Internet document extract, and an undated memorandum, subject: Certification of Operation Desert Storm Participation. It indicates the applicant participated in Desert Storm from 28 September 1990 to 3 April 1991 while assigned to Service Battery, 5th Battalion, 18th Field Artillery...
ARMY | BCMR | CY2013 | 20130009148
The applicant requests: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in Southwest Asia (SWA); and b. the Southwest Asia Service Medal (SWASM), National Defense Service Medal (NDSM), and Kuwait Liberation Medal (KLM) awarded by the Kingdom of Saudi Arabia (KLM-SA) be added to his DD Form 214. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service...
ARMY | BCMR | CY2011 | 20110015765
It would also be appropriate to correct item 18 of her DD Form 214 to show she served in SWA from 19 August 1990 through 2 February 1991. The evidence of record shows the applicant qualified for award of: a. the Southwest Asia Service Medal and that she served in two campaigns during her service in SWA. 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 her DD Form 214 the entry "02 11 20" and...
ARMY | BCMR | CY2011 | 20110022891
The applicant requests that his deployment to Southwest Asia (SWA) in support of Operation Desert Shield/Storm be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. Accordingly,...