IN THE CASE OF:	  

		BOARD DATE:  5 June 2012

		DOCKET NUMBER:  AR20110021253 


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 two awards of the Valorous Unit Award (VUA).

2.  The applicant states:

* two VUAs for actions in Iraq from 9 February 2007 through 12 April 2008 should be added to his DD Form 214
* one VUA was a battalion award
* one VUA was awarded to the company to which he was assigned
(C Company, 1st Battalion, 28th Infantry Regiment)
* he was not informed of the awards

3.  The applicant provides:

* Enlisted Record Brief (ERB)
* U.S. Army Center of Military History – Lineage and Honors Information

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 30 December 1987.  He completed training as an infantryman.  He remained on active duty through a series of reenlistments.

3.  On 31 December 2008, the applicant retired by reason of sufficient service for retirement and he was placed on the Retired List on 1 January 2009.  The
DD Form 214 he was issued at the time does not show any award of the VUA.

4.  The applicant's ERB shows he served in Iraq from 9 February 2007 through 12 April 2008 and that he was assigned to C Company, 1st Battalion, 28th Infantry Regiment.

5.  Permanent Orders 127-13, issued by the U.S. Army Human Resources Command (HRC), dated 7 May 2009, awarded the company to which the applicant was assigned the VUA for extraordinary heroism in action against an armed enemy during the period 18 March 2007 to 17 November 2007.

6.  Permanent Order 202-10, issued by the same headquarters, dated 21 July 2010, awarded the 1st Battalion, 28th Infantry Regiment the VUA for extraordinary heroism in action against an armed enemy for the period 14 March 2007 to 3 April 2008.

7.  Army Regulation 600-8-22 (Military Awards) states the VUA 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.  An oak leaf cluster is authorized for wear for each additional award of the VUA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.
2.  Permanent orders cited his unit (company and battalion) for two awards of the VUA during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 adding to his DD Form 214 the Valorous Unit Award (2nd Award).



      ____________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)                                         AR20110021253



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ABCMR Record of Proceedings (cont)                                         AR20110021253



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