IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017972
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.
2. The applicant states the unit he was attached to, the 3rd Battalion, 66th Armored (AR) Regiment, was under the 2nd Armored Cavalry Regiment (ACR), which was awarded the Valorous Unit Award. He is providing a DA Form 638-1 (Recommendation for Award) that shows his relationship with the 3rd Battalion, 66th AR Regiment, and an article showing units that had been awarded the Valorous Unit Award in 1991.
3. The applicant provides DA Form 638-1 (Recommendation for Award) and two pages titled "For Unit Valor in Battle."
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 18 March 1983. On 5 January 1990, he was assigned to D Company, 17th Engineer Battalion, Germany. His DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia from 3 January to 9 May 1991.
3. He provides a DA Form 638-1, dated 5 December 1991, wherein it shows the Commander (CDR), D Company, 17th Engineer Battalion, Germany, submitted a recommendation for an award of the Army Commendation Medal to the applicant through the CDR, 3rd Battalion, 66th AR Regiment, Germany, to the approving authority, the CDR, 3rd Brigade, 2nd Armored Division (AD), Germany.
4. He was honorably released from active duty on 4 January 1994 and he was transferred to the U.S. Army Reserve.
5. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued does not show he was awarded or entitled to the Valorous Unit Award.
6. There is no evidence in his record that shows D Company, 17th Engineer Battalion was attached to the 3rd Battalion, 66th AR Regiment, or the 2nd ACR, before, during or after service in Southwest Asia.
7. He provides an article, undated wherein it shows the 2nd ACR, [VII Corps], Germany, was awarded the Valorous Unit Award in 1991.
8. A review of the U.S. Army Human Resources Command (HRC) website shows Company A and Company B, 3rd Battalion, 66th AR, were cited for award of the Valorous Unit Award for the period 15 February through 3 March 1991 by Department of the Army General Orders (GO) Number 20, dated 1991.
9. The HRC website does not show that D Company, 17th Engineer Battalion, was cited for award of the Valorous Unit Award during the applicant's period of assignment to the unit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was assigned to D Company, 17th Engineer Battalion, during his service in Southwest Asia. However, there is no evidence that shows his unit was awarded the Valorous Unit Award during his period of assignment to the unit.
2. While award requests for Soldiers in the 17th Engineer Battalion may have been submitted through the CDR, 3rd Battalion, 66th AR Regiment, to the CDR, 3rd Brigade, 2nd AD, this does not mean the 17th Engineer Battalion was attached to the 3rd Battalion, 66th AR Regiment, and would not automatically qualify members of the 17th Engineer Battalion for entitlement to all awards the 3rd Battalion, 66th AR Regiment, had been awarded. In addition, only Companies A and B, 3rd Battalion, 66th AR, were cited for award of the Valorous Unit Award, not the entire battalion or regiment.
3. In view of the foregoing, there is no basis for granting the requested relief.
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) AR20140017972
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140017972
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006932
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service in Southwest Asia during Operation Desert Shield/Desert Storm * all awards he is entitled to receive as a result of this service 2. The evidence of record confirms the applicant served in Southwest Asia from 1 January to 26 April 1991; therefore, he is entitled to correction of his DD Form 214 to show this foreign service and the dates of this service. As a...
ARMY | BCMR | CY2013 | 20130019140
The applicant's military service records are not available to the Board for review. The evidence of record is inconsistent with respect to the applicant's period of overseas service in Southwest Asia in that: * he claims service from 2 January 1991 to the end of May 1991 * his award orders show his service from 17 January 1991 to 28 February 1991 * the Gulf War Roster shows his service from 11 January 1991 to 7 July 1991 (ETS) a. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090018515
The applicant's records contain no other orders showing additional awards of the Army Achievement Medal. 178th Personnel Services Company Permanent Orders 40-4, dated 20 December 1991, show the applicant was awarded the Army Good Conduct Medal (1st Award) for the period 6 April 1988 through 5 April 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct Medal (2nd Award) for...
ARMY | BCMR | CY2014 | 20140004515
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service in Southwest Asia in support of Operations Desert Shield/Storm * awards of the: * Valorous Unit Award * Army Good Conduct Medal (2nd Award) * Southwest Asia Service Medal * Kuwait Liberation Medal 2. The applicant states: * his records do not reflect his Southwest Asia service; he was assigned to F Troop, 2nd Squadron, 2nd Armored Cavalry Regiment...
ARMY | BCMR | CY2008 | 20080007703
To be awarded the Combat Medical Badge, a Soldier must have a medical MOS and be assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size, which is engaged in active ground combat. The evidence shows the applicant held a medical MOS (91B). There is no evidence, and the applicant provided none to show, he was personally present and served under fire in active combat while he was assigned to this unit or...
ARMY | BCMR | CY2003 | 2003083450C070212
The applicant requests that his report of separation (DD Form 214) be corrected to reflect his awards of the Good Conduct Medal (GCMDL), the Army Commendation Medal (ARCOM), the Kuwait Liberation Medal (KULM), the Southwest Asia Service Medal (SWASM), the National Defense Service Medal (NDSM), the Valorous Unit Award (VUA) and his Certificates of Achievement and Commendation. The DD Form 214 issued to him at the time of separation indicates that he served 2 years, 5 months and 6 days of...
ARMY | BCMR | CY2013 | 20130014031
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards he is authorized, including the Combat Infantryman Badge or Combat Action Badge, Valorous Unit Award, and "battle stars" (bronze service stars). The Kuwait Liberation Medal 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...
ARMY | BCMR | CY2006 | 20060001243C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 September 2004 DOCKET NUMBER: AR20060001243 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of six Army Achievement Medals (AAMs), the Southwest Asia Service Medal,...
ARMY | BCMR | CY2014 | 20140016140
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Army Achievement Medal (AAM) * Southwest Asia Service Medal (SWASM) * Kuwait Liberation Medal (KLM) * 1st Armored Division (1st AD) Combat Patch 2. Army Regulation 600-8-22 (Military Awards) states: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards already...
ARMY | BCMR | CY2006 | 20060001259C070205
The applicant requests, in effect, correction of his records to show that he was awarded the Army Good Conduct Medal, the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), and the Cold War Recognition Certificate. He also requests that he be awarded any additional awards and medals to which he is entitled based on his service and that item 5 (Overseas Service), of his DA Form 2-1 (Personnel Qualification Record – Part II), be corrected to show that he served 5 months in...