BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20140003816
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 the Valorous Unit Award (VUA) be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 April 2004.
2. The applicant states at the time of his separation the VUA was not yet authorized for his unit.
3. The applicant provides:
* DD Form 214 for the period ending 8 April 2004
* Orders for the Purple Heart
* Department of the Army General Orders (DAGO)Number 2009-08, dated
29 December 2009
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 was ordered to active duty from the U.S. Army Reserve on
25 January 2003 in support of Operation Enduring Freedom. He served in Iraq from 31 March 2003 to 4 March 2004.
3. He provides Permanent Orders 289-1, dated 15 October 2004, that show he received the Purple Heart for wounds received on 20 January 2004. These orders show he was assigned to the 3rd Battalion, 67th Armor Regiment, 4th Infantry Division in Iraq.
4. On 8 April 2004, he was honorably released from active duty at the completion of required active service.
5. His DD Form 214 for the period ending 8 April 2004 does not show the VUA as an authorized award.
6. He provides a copy of DAGO Number 2009-08, dated 29 December 2009, that shows the 3rd Battalion, 67th Armor of the 4th Infantry Division was cited for award of the VUA for actions during the period 24 April 2003 to 22 March 2004.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant's unit in Iraq was cited for award of the VUA while he was assigned to it. Therefore, this unit award should be added to his DD Form 214 for the period ending 8 April 2004.
BOARD VOTE:
____x____ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 to his DD Form 214 for the period ending 8 April 2004 the Valorous Unit Award.
__________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) AR20140003816
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ABCMR Record of Proceedings (cont) AR20140003816
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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