IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021196
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 reflect award of the Valorous Unit Award (VUA).
2. The applicant states he was assigned to the 3d Battalion, 5th Cavalry Regiment, during the specified period that unit was awarded the VUA.
3. The applicant provides:
* Task Force, 3d Battalion, 5th Cavalry Regiment, VII Corps, memorandum for record, dated 20 June 1991, subject: Verification of tour in Southwest Asia for Operations Desert Shield/Storm
* U.S. Army Total Personnel Command, memorandum for Commander, Forces Command, dated 5 March 1996, subject: VUA
* Headquarters, Department of the Army, General Orders Number 14, dated 11 April 1997
* DD Form 214
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 10 April 1990.
3. A Task Force, 3d Battalion, 5th Cavalry Regiment, VII Corps, memorandum for record, dated 20 June 1991, subject: Verification of tour in Southwest Asia for Operations Desert Shield/Storm, shows the applicant was assigned to and deployed with that unit to Southwest Asia in support of Operations Desert Shield/
Desert Storm from 27 December 1990 through 13 June 1991.
4. Pending announcement in Department of the Army General Orders of the VUA to Headquarters and Headquarters Company, 1st Brigade, 3d Armored Division, for the period 10 January 1991 through 19 April 1991, U.S. Army Total Personnel Command, memorandum for Commander, Forces Command, dated 5 March 1996, subject: VUA, served as authorization for award of the VUA to be annotated in the military personnel records of those in the listed units which were assigned or attached to 1st Brigade, 3d Armored Division. The 3d Battalion, 5th Cavalry Regiment, was among the listed units.
5. Headquarters, Department of the Army, General Orders Number 14, dated 11 April 1997, awarded the VUA to 3d Battalion, 5th Cavalry Regiment, for extraordinary heroism while engaged in military operations during the period 3 January 1991 through 15 June 1991.
6. The applicant was honorably released from active duty on 29 June 1997 due to completion of required active service. The VUA is not listed on his DD Form 214.
7. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of his DD Form 214 to reflect award of the VUA was carefully considered.
2. He was assigned to the 3d Battalion, 5th Cavalry Regiment, and forward deployed with that unit to Southwest Asia in support of Operations Desert Shield/Desert Storm from 27 December 1990 to 13 June 1991.
3. General orders awarded the 3d Battalion, 5th Cavalry Regiment, the VUA during the period the applicant was assigned and forward deployed with the unit.
4. The applicant's DD Form 214 does not reflect award of the VUA. Therefore, it would be appropriate to correct his DD Form 214 by adding this award.
BOARD VOTE:
__X______ ___X_____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the VUA to his DD Form 214 for the period ending 29 June 1997.
__________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) AR20140021196
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ABCMR Record of Proceedings (cont) AR20140021196
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