IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110017207
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.
2. The applicant states he served in the Persian Gulf War with the 4th Battalion, 64th Armor Regiment, 24th Infantry Division.
3. The applicant provides copies of his DD Form 214 and an information sheet showing the 4th Battalion, 64th Armor Regiment, was awarded the Valorous Unit Award for the period 26 February through 2 March 1991.
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. On 1 February 1988, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 19K (M1 Armor Crewman).
3. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows:
a. in item 5 (Overseas Service) that he was on temporary duty in Saudi Arabia from 27 August 1990 to 24 March 1991 and
b. in item 35 (Record of Assignments) that he was assigned to Company C, 4th Battalion, 64th Armor Regiment, from 9 July 1990 to 25 October 1991.
4. Headquarters, Department of the Army General Orders Number 27, dated 27 December 1994, awarded Company C, 4th Battalion, 64th Armor Regiment, the Valorous Unit Award for the period 26 February to 2 March 1991.
5. On 26 March 1993, the applicant was released from active duty. He completed 5 years, 1 month, and 26 days of creditable active duty.
6. The applicant's DD Form 214 lists his awards as:
* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
7. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal awarded by the Government of Kuwait 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 applicant contends that his DD Form 214 should be corrected to show award of the Valorous Unit Award.
2. General orders show the applicant's unit was awarded the Valorous Unit Award during the period of his service with the unit. Therefore, this unit award should be shown on his DD Form 214.
3. The evidence of record shows the applicant served during a qualifying period for award of the Kuwait Liberation Medal-Kuwait. Therefore, this foreign award should be shown on his DD Form 214.
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 showing he is authorized the following awards in addition to the awards already shown on his DD Form 214:
* Valorous Unit Award
* Kuwait Liberation Medal-Kuwait
____________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) AR20110017207
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017207
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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