Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140018869
Original file (20140018869.txt) Auto-classification: Approved
		IN THE CASE OF:	  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140018869 


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 following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
6 October 2009:

* Valorous Unit Award
* Military Outstanding Volunteer Service Medal

2.  The applicant states the Valorous Unit Award was not approved until after his discharge.  He was previously awarded the Military Outstanding Volunteer Service Medal and would like it added to his DD Form 214.

3.  The applicant provides:

* orders to Air Defense Artillery (ADA) Battery, Armored Cavalry
* orders for temporary change of station for 1st Squadron, 3rd Armored Cavalry Regiment
* two DA Forms 638 (Recommendation for Award)
* DD Form 214
* U.S. Army Human Resources Command Permanent (HRC) Orders 049-10, dated 18 February 2010
* Army Board for Correction of Military Records (ABCMR) Docket AR20100027376, dated 31 May 2011


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 12 August 2003, he enlisted in the Regular Army.  

3.  On August 2005, he was assigned to the ADA Battery, Armored Cavalry at Fort Carson, CO.

4.  On 17 February 2005 the 1st Squadron, 3rd Armored Cavalry Regiment at Fort Carson, CO was deployed in support of Operation Iraqi Freedom effective on or about 1 March 2005.

5.  A DA Form 638, dated 5 November 2005, recommended him for the Army Commendation Medal for meritorious service from 4 March 2005 to 7 March 2006 while assigned to the ADA, 1st Squadron, 3rd Armored Cavalry.

6.  On 15 September 2006, he immediately reenlisted for 3 years.

7.  On 6 October 2009, he was discharged by reason of disability with severance pay.  His DD Form 214 does not show the Valorous Unit Award or the Military Outstanding Volunteer Service Medal.

8.  HRC Permanent Orders 049-10, dated 18 February 2010, announced the award of the Valorous Unit Award for listed units for the period 18 May 2005 to 23 September 2005.  ADA Battery, 3rd Armored Cavalry is among the units listed.

9.  ABCMR Docket AR20100027376, dated 31 May 2011, determined his records should be corrected to show he was awarded the Military Outstanding Volunteer Service Medal and that it be added to his DD Form 214.  There is no record in his official military personnel file (OMPF) of a DD Form 215 (Correction to DD Form 214) having been issued adding this award.
DISCUSSION AND CONCLUSIONS:

1.  The DA Form 638, dated 5 November 2005, shows he was assigned to the ADA Battery, 3rd Armored Cavalry during the period the unit was awarded the Valorous Unit Award.  Therefore, this award should be added to his 
DD Form 214.

2.  There is no evidence of a DD Form 215 being issued adding the Military Outstanding Volunteer Service Medal to his DD Form 214 as directed in ABCMR Docket 20100027376, dated 31 May 2011.  Therefore, it would be appropriate to add this award to his DD Form 214 now.

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 with a separation date of 6 October 2009 by adding the following awards:

* Valorous Unit Award
* Military Outstanding Volunteer Service Medal




      _______ _   __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)                                         AR20140018869



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018869



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090008020

    Original file (20090008020.txt) Auto-classification: Approved

    The applicant requests, in effect, award of a second Valorous Unit Award (VUA), a Presidential Unit Citation (PUC), and campaign service stars for his already-awarded Iraq Campaign Medal (ICM). The applicant's record does show he was awarded the Iraq Campaign Medal for his period of service from 6 March 2005 to 13 February 2006. 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 issued on 22...

  • ARMY | BCMR | CY2013 | 20130001390

    Original file (20130001390.txt) Auto-classification: Approved

    Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * Army Commendation Medal (3rd Award) * Army Achievement Medal * U.S Army/U.S. The available evidence shows that the applicant served in Iraq during two campaign periods for which he was awarded the Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Valorous Unit...

  • ARMY | BCMR | CY2009 | 20090011523

    Original file (20090011523.txt) Auto-classification: Approved

    The applicant's records do not contain orders awarding him a second award of the Army Achievement Medal. There is no evidence in the available record and the applicant did not provide any evidence to show he was awarded a second award of the Army Achievement Medal. 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 (1st Award) for exemplary behavior, efficiency, and...

  • ARMY | BCMR | CY2009 | 20090012040

    Original file (20090012040.txt) Auto-classification: Approved

    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. The applicant's Official Military Personnel File does not contain any documentation showing award of the Valorous Unit Award. As a result, the Board recommends that all Depart-ment of the Army records of the individual concerned be corrected by: a. deleting the Army Good Conduct Medal (2nd Award); b. adding the Army Good Conduct Medal (3rd...

  • ARMY | BCMR | CY2012 | 20120022173

    Original file (20120022173.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award), Valorous Unit Award (VUA), Iraq Campaign Medal (ICM) with two bronze service stars, Overseas Service Ribbon (OSR), and Combat Action Badge (CAB). Therefore, his records should be corrected to show award of the CAB. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2009 | 20090009625

    Original file (20090009625.txt) Auto-classification: Approved

    The applicant requests retroactive award of the Combat Action Badge; however, there are no orders or other evidence on file in his official military personnel file to show entitlement to this award. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF). Therefore, he served a qualifying period for a second award of the Overseas Service Ribbon and should have his records...

  • ARMY | BCMR | CY2010 | 20100027375

    Original file (20100027375.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). A review of the Army Human Resources Command, Military Awards Branch index of general orders failed to reveal orders awarding the 3rd Armored Cavalry Regiment the PUC during OIF. The evidence of record does not show the applicant's unit, the 3rd Armored Cavalry Regiment, was awarded the PUC during his period of service in Iraq.

  • ARMY | BCMR | CY2015 | 20150002153

    Original file (20150002153.txt) Auto-classification: Approved

    A letter, dated 3 May 2010, wherein the NPRC advised him of his entitlement and shipment of the following awards: * Purple Heart * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Combat Infantryman Badge (1st Award) * Vietnam Campaign Medal with Device 1960 * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar * Republic of Vietnam Gallantry Cross With...

  • ARMY | BCMR | CY2013 | 20130011599

    Original file (20130011599.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Army Achievement Medal and the Valorous Unit Award. PO awarded the applicant the Army Achievement Medal. With respect to the Valorous Unit Award, PO awarded the Valorous Unit Award to HHC, 3rd Brigade Combat Team, 2nd Infantry Division for the period of 18 June 2007 to 1 August 2007.

  • ARMY | BCMR | CY2014 | 20140017972

    Original file (20140017972.txt) Auto-classification: Denied

    On 5 January 1990, he was assigned to D Company, 17th Engineer Battalion, Germany. 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. However, there is no evidence that shows his unit was awarded the Valorous Unit Award during his period of assignment to the unit.