BOARD DATE:	    22 October 2015

		DOCKET NUMBER:  AR20150003956 


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 on 25 October 1993, the Department of the Army awarded the 2nd Brigade, 1st Armored Division, the Valorous Unit Award for extraordinary heroism in military operations against an armed enemy from 26 to 28 February 1991.  He was part of that unit and he would like this award added to his permanent military record and DD Form 214.  It is a matter of honor and he would like to have what honors he earned in the field of battle.  He would also like to add that not one Soldier in his old battery received this award on their records, including the Battery Commander.

3.  The applicant provides his DD Form 214 and a Valorous Unit Award Certificate.

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 August 1989 and he held military occupational specialty 13E (Cannon Fire Direction Specialist). 

3.  He served in Germany from on or about 1 January 1990 to on or about 4 August 1991.  He was assigned to B Battery, 2nd Battalion, 1st Field Artillery Regiment, 2nd Brigade, 1st Armored Division. 

4.  He deployed to Southwest Asia with B Battery, 2nd Battalion, 1st Field Artillery Regiment, in support of Operations Desert Shield/Storm from 28 December 1990 to 1 May 1991. 

5.  Orders Number 8-1, issued by Headquarters, 1st Armored Division Artillery, awarded him the Army Commendation Medal for service with B Battery, 2nd Battalion, 1st Field Artillery during the Gulf War. 

6.  He was discharged on 21 January 1992 with a general discharge.  Item 18 (Remarks) of his DD Form 214 does not list his deployment to Southwest Asia, but item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded/authorized:

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars 
* Overseas Service Ribbon
* Army Achievement Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

7.  Department of the Army General Orders Number 12, dated 13 May 1994, awarded the Valorous Unit Award for extraordinary heroism from 26 to 28 February 1991 to Headquarters and Headquarters Company, 2nd Brigade, 1st Armored Division, and selected assigned and attached units, one of which is the 2nd Battalion, 1st Field Artillery. 

8.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

	b.  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 between 17 January 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal 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.

10.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant’s unit in Southwest Asia the Valorous Unit Award for a period during which he was assigned to the unit.  This award is not listed on his DD Form 214.  

2.  His records show he deployed to and served in Southwest Asia from 28 December 1990 to 1 May 1991.  This deployment is not listed in item 18 of his DD Form 214. 


3.  Based on his service in Southwest Asia from 28 December 1990 to 1 May 1991, he served during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).  Neither award is shown in his records.

4.  Also, based on his service in Southwest Asia from 28 December 1990 to 1 May 1991, he participated in three campaigns during this period of service.  He meets the criteria to have three instead of two bronze service stars for wear on his already-awarded Southwest Asia Service Medal.  

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:

* deleting from item 13 of his DD Form 214 the Southwest Asia Service Medal with 2 bronze service stars
* adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with 3 bronze service stars, Valorous Unit Award, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait) 
* adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901228-19910501" to item 18



      _______ _ 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)                                         AR20150003956



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003956



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1