IN THE CASE OF: BOARD DATE: 20 October 2011 DOCKET NUMBER: AR20110008441 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 award of the Valorous Unit Award (VUA). 2. The applicant states he was separated using temporary records and the VUA was not recorded on his DD Form 214. 3. The applicant provided copies of his DD Form 214, DA Form 2-1 (Personnel Qualification Record – Part II), and two pages of Department of the Army General Orders (DAGO) Number 14. 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 23 May 1986. He completed training and was awarded military occupational specialty (MOS) 63D (Self-Propelled Field Artillery System Mechanic). He subsequently was reclassified into MOS 63Y (Track Vehicle Repairman). 3. On 30 March 1992, the applicant was discharged. 4. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Good Conduct Medal, Southwest Asia Service (SWA) Medal with three bronze service stars, Kuwait Liberation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with T Bar. Item 18 (Remarks) contains the entry “Service in SWA 21 December 1990 to 12 June 1991.” 5. The applicant's DA Form 2-1 shows in item 38 (Record of Assignments) he was assigned to: * Service Battery, 2nd Battalion, 82d Field Artillery, Germany from 21 December 1987 through 9 April 1990 * Company B, 547th Engineer Battalion [Germany] from 17 July 1990 through 30 September 1991 * Company D, 9th Engineer Battalion [Germany] from 7 October 1991 until on or about 29 March 1992 6. A review of the Gulf War Deployment Roster shows the applicant's period of deployment to Southwest Asia was from 16 January to 4 June 1991. His MOS was 63D and his units Unit Identification Code (UIC) was WAEUD0. 7. A review of the Army Force Management System web site shows UIC WAEUD0 is no longer active. 8. In support of his request, the applicant provides copies of two pages of DAGO Number 14 listing units that were awarded the VUA and Meritorious Unit Commendation. In the VUA section, the 23d Engineer Battalion (22 December 1990 – 20 May 1991) has been highlighted. 9. Army Regulation 600-8-22 (Military Awards) states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show award of the VUA. 2. The DAGO provided by the applicant clearly shows the 23d Engineer Battalion was awarded the VUA for actions during the period 22 December 1990 to 20 May 1991. The Gulf War Deployment Roster also shows the applicant was deployed to SWA from 16 January to 4 June 1991. 3. Unfortunately, there is no available evidence to show the applicant was assigned to a unit that was awarded the VUA during his period of deployment. Therefore, he is not entitled to correction of his DD Form 214 to show this unit award. 4. In view of the above, the applicant's request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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) AR20100008907 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110008441 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1