Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130006149
Original file (20130006149.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130006149 


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 his unit was awarded the VUA on 4 May 1991 for service in the Gulf War.

3.  The applicant provides:

* DD Form 214
* documentation pertaining to the VUA

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.  Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 23 October 1990.  He served as a cavalry scout and he was honorably released from active duty on 24 March 1992.

3.  His DD Form 214 does not show the VUA as an authorized award.

4.  His DD Form 214 shows his last duty assignment and major command as Troop B, 1st Squadron, 4th Cavalry, 1st Infantry Division.

5.  The Defense Manpower Data Center compiled the Operations Desert Shield/
Desert Storm data base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base shows the applicant served in Southwest Asia from 27 December 1990 to 11 May 1991.

6.  Headquarters, Department of the Army, General Orders Number 22, dated 30 August 1991, show the 1st Squadron, 4th Armored Cavalry Regiment, was awarded the VUA for actions during the period 17 January 1991 to 3 March 1991.

DISCUSSION AND CONCLUSIONS:

Orders show the applicant's unit was awarded the VUA during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 award of the VUA to his DD Form 214.



      _____________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)                                         AR20130006149



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006149



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140021196

    Original file (20140021196.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Valorous Unit Award (VUA). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the VUA to his DD Form 214 for the period ending 29 June 1997.

  • ARMY | BCMR | CY2014 | 20140019547

    Original file (20140019547.txt) Auto-classification: Approved

    Army Regulation 600-8-22, as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. Although the applicant contends that his unit was awarded the CIB after his discharge, the CIB is an individual award and not a unit award. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2011 | 20110009352

    Original file (20110009352.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK. Evidence of record shows that the applicant deployed to Southwest Asia during the period 27 January 1991 through 28 March 1991, which equates to 2 months and 2 days of foreign service. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2013 | 20130019081

    Original file (20130019081.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded or authorized the Combat Action Badge, the Army Achievement Medal (AAM), and the Driver and Mechanic Badge. The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the Combat Action Badge, AAM, and Driver and Mechanic Badge was carefully considered. As a result, the Board recommends that all Department of the Army records...

  • ARMY | BCMR | CY2010 | 20100015321

    Original file (20100015321.txt) Auto-classification: Approved

    The applicant requests correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was deployed to a combat zone during the Persian Gulf War. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service) he served in Saudi Arabia from 7 December 1990 to 24 April 1991 * item 27 (Remarks) the entry "DUTY IN IMMINENT DANGER PAY AREA [Southwest Asia (SWA)]" and the dates 7 December 1990 to 24 April...

  • ARMY | BCMR | CY2010 | 20100013839

    Original file (20100013839.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal (KLM), and an unspecified unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Army Achievement Medal (2nd...

  • ARMY | BCMR | CY2009 | 20090000532

    Original file (20090000532.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his periods of deployment to overseas combat zones. Evidence shows the applicant served on active duty during a designated period of time and place to qualify for award of the Kuwait Liberation Medal-Saudi Arabia. Evidence shows the applicant served on active duty during a designated period of time and place to qualify for award of the Southwest Asia Service Medal.

  • ARMY | BCMR | CY2009 | 20090001117

    Original file (20090001117.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record confirms he served in SWA in support of Operations Desert Shield/Desert Storm during the period from 13 December 1990 through 15 March 1991 as evidenced by his DD Form 214 and the 12 June 1991 unit memorandum he provided. Therefore, even if the applicant met the basic eligibility requirements for the CAB, it was not authorized during the period he...

  • ARMY | BCMR | CY2007 | 20070017546

    Original file (20070017546.txt) Auto-classification: Approved

    Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) should be corrected to show he served during Operation Desert Storm/Desert Shield. The applicant’s records show that he was promoted to SGT/E-5 on 10 January 1993, after the completion of...

  • ARMY | BCMR | CY2006 | 20060011399

    Original file (20060011399.txt) Auto-classification: Approved

    x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests award of the Combat Infantryman Badge (CIB) or other Gulf War medals added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 600-8-22 provides 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 Shield/Desert Storm in...