IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110011891
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 award of the Valorous Unit Award for his participation in support of Operation Iraqi Freedom in 2003.
2. He states that Company A received the Valorous Unit Award while he was assigned to the unit; but not in-country.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a DD Form 215 (Correction to 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 enlisted in the Regular Army on 24 July 2003.
3. His DD Form 214 shows he served in Iraq from 23 December 2003 to 1 April 2004 in support of Operation Iraqi Freedom.
4. Section IX (Assignment Information) of his Enlisted Record Brief shows he was assigned to the 70th Engineer Battalion from 3 December 2003 to 19 October 2004.
5. Headquarters, Department of the Army, General Orders Number 2009-10 and General Orders Number 2009-14, dated 16 December 2009 both show Headquarters and Headquarters Company, 3rd Brigade, 1st Armored Division and attached units, including the 70th Engineer Battalion, was awarded the Valorous Unit Award for the period 1 September to 30 November 2003.
6. A DD Form 215, dated 11 February 2010, shows the Iraq Campaign Medal with one bronze service star and the Army Good Conduct Medal was added to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Company A was awarded the Valorous Unit Award while he was assigned to the unit; but not in-country is acknowledged.
2. General orders show the applicant's unit, the 70th Engineer Battalion, was awarded the Valorous Unit Award during the period 1 September to 30 November 2003.
3. However, the evidence of record shows the applicant was not assigned to the 70th Engineer Battalion until 3 December 2003 to 1 April 2004. Therefore, he did not serve a period of qualifying service for award of the Valorous Unit Award and he is not authorized this award.
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) AR20110011891
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ABCMR Record of Proceedings (cont) AR20110011891
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