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
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ABCMR Record of Proceedings (cont) AR20140018869
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