BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005796 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 Valorous Unit Award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 2006 and to his Enlisted Record Brief (ERB). 2. The applicant states the Valorous Unit Award was announced after he was released from active duty. 3. The applicant provides: * DD Form 214 * ERB * U.S. Army Human Resources Command (HRC) Permanent Orders 070-17, dated 10 March 2008 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 1 July 2002, he enlisted in the Regular Army. 3. On 7 April 2004, he was assigned to the 3rd Battalion, 7th Infantry Regiment. 4. He was deployed to Iraq from 20 January 2005 - 24 January 2006. 5. On 30 June 2006, he was released from active duty. His DD Form 214 does not show he was authorized the Valorous Unit Award. His last duty assignment and major command shown on his DD Form 214 is the 3rd Battalion, 7th Infantry Regiment. 6. His ERB does not show the Valorous Unit Award in Section VIII - Awards and Decorations. 7. HRC Permanent Orders 070-17, dated 10 March 2008, awarded the 3rd Battalion, 7th Infantry Regiment the Valorous Unit Award for the period 15 January 2005 - 14 January 2006. 8. On 16 February 2010, he was discharged from the U.S. Army Reserve (USAR). 9. The ERB is a management tool maintained for enlisted Soldiers on active duty or in an active status in a Reserve component. Once a Soldier is separated from active duty, discharged, retired, or is no longer in an active status in a Reserve component, there is normally no benefit to updating the ERB. DISCUSSION AND CONCLUSIONS: 1. The applicant was assigned to the 3rd Battalion, 7th Infantry Regiment during the period the unit was awarded the Valorous Unit Award. 2. Once a Soldier is separated from active duty or discharged, there is normally no benefit to updating the ERB. The applicant was discharged from the USAR on 16 February 2010. Adding the Valorous Unit Award to his DD Form 214 is sufficient relief in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X______ ___X_____ _X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Valorous Unit Award to his DD Form 214 with a separation date of 30 June 2006. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to updating his ERB. _______ _ 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) AR20150005796 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005796 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1