IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011743
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 the Valorous Unit Award.
2. The applicant states the Valorous Unit Award was awarded to his unit, the 2nd Battalion, 82nd Field Artillery (FA), after he was discharged and he would like it added to his DD Form 214. His division and unit were deactivated in 1992.
3. The applicant provides his DD Form 214, a memorandum, and orders.
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 enlisted in the Regular Army on 2 November 1981. He was assigned to the 2nd Battalion, 82nd FA Regiment, Germany.
3. He provides a memorandum, undated, wherein the Commander, 2nd Battalion, 82nd FA, stated, in part, the applicant served with the unit in Southwest Asia from 4 January to 31 March 1991 and he was authorized the Southwest Asia Service Medal and any other awards authorized for the conflict.
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia from 5 January to 31 March 1991.
5. He was honorably released from active duty on 15 July 1992 and he was transferred to the U.S. Army Reserve.
6. The DD Form 214 he was issued shows, in part, he was authorized or awarded the Southwest Asia Service Medal with 2 bronze service stars and the Kuwait Liberation Medal. His DD Form 214 does not show the Valorous Unit Award.
7. General Orders (GO) Number 14, dated 11 April 1997, awarded the Valorous Unit Award to the 2nd Battalion, 82nd FA, for the period 5 January through 22 May 1991.
8. Army Regulation 600-8-22 (Military Awards) states the:
a. Kuwait Liberation Medal-Saudi Arabia, awarded by the Kingdom of Saudi Arabia, was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.
b. Kuwait Liberation Medal-Kuwait, 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. GO awarded the applicant's unit the Valorous Unit Award during his period of assignment to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
2. He served in Southwest Asia during a qualifying period for award of the Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait while his DD Form 214 only shows the Kuwait Liberation Medal. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
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 amending his DD Form 214 as follows:
* deleting the Kuwait Liberation Medal
* adding the Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and 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) AR20140011743
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011743
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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