IN THE CASE OF:	  

		BOARD DATE:	       21 JULY 2009

		DOCKET NUMBER:  AR20090004314 


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 that the Kuwait Liberation Medal (Kuwait), the Kuwait Liberation Medal (Saudi Arabia), the Valorous Unit Citation (correctly known as the Valorous Unit Award), and the Southwest Asia Service Medal with three bronze service stars be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that his expiration of term of service came soon after the Persian Gulf War and the awards were never credited to his unit until later.  He states that his unit (3rd Armored Division) folded its colors and disbanded in late 1991.  As a result, he was never properly credited with these awards.  It is his understanding that he is eligible to receive all of these awards for his service.

3.  The applicant provides a copy of a memorandum, dated 5 March 1996, subject:  Valorous Unit Award, in support of his application.

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.  A DD Form 215 (Correction to DD Form 214), dated 10 December 1997, shows the applicant's DD Form 214 was amended to add the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal (Kuwait), and the Kuwait Liberation Medal (Saudi Arabia).  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.  A copy of the DD Form 215 will be provided to the applicant.

3.  The applicant enlisted in the Regular Army on 5 August 1987.  He completed the required training and was awarded military occupational specialty 63T (Bradley Fighting Vehicle Systems Mechanic).  

4.  He was assigned to Germany in August 1988 with Headquarters and Headquarters Company, 3rd Battalion, 5th Cavalry.  He served in Southwest Asia from 27 December 1990 to 13 June 1991.

5.  Department of the Army, U.S. Total Army Personnel Command, Alexandria, VA, memorandum, dated 5 March 1996, authorized award of the Valorous Unit Award to Headquarters and Headquarters Company, 1st Brigade, 3rd Armored Division, as an exception to policy for the period 10 January 1991 to 19 April 1991.  The applicant's unit, 3d Battalion, 5th Cavalry, was included in the memorandum for the period 3 January 1991 to 15 June 1991.

DISCUSSION AND CONCLUSIONS:

The Department of the Army, U.S. Total Army Personnel Command, memorandum, dated 5 March 1996, authorized award of the Valorous Unit Award to the 3d Battalion, 5th Cavalry, during a period the applicant was assigned to this unit.  Therefore, it would be appropriate to add the Valorous Unit Award to his DD Form 214.

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 to add the Valorous Unit Award.



      ________XXX_________________
                 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)                                         AR20090004314



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ABCMR Record of Proceedings (cont)                                         AR20090004314



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