IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150006662 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150006662 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. issuing the applicant a new DD Form 214 to capture all the information and changes annotated in his previously issued DD Form 214 and DD Forms 215 and b. listing the Valorous Unit Award among his awards on his newly issued DD Form 214 ___________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. IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150006662 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 a Valorous Unit Award (VUA). 2. The applicant states the VUA was awarded to 1st Battalion, 14th Infantry Regiment for operations in Iraq from 1 October to 1 November 2004, and that the award covers any unit assigned to the 1st Infantry Division for operations in Samarra, Iraq. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * General Orders Number 2009-24 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 was appointed as a Reserve commissioned officer on 10 January 2003 and he entered active duty as a member of the U.S. Army Reserve on 21 February 2003. 3. Permanent Orders Number C344-22, issued by the U.S. Army Garrison, Hawaii, Schofield Barracks, HI, on 10 December 2003 show: * he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 11th Field Artillery Regiment , 25th Infantry Division (Light), and U.S. Army HI (USARHAW) * the orders directed overseas deployment in support of Operation Iraqi Freedom (OIF-2) and return * he would be assigned to Combined Joint Task Force - 7, Bagdad, Iraq as part of the 2nd Brigade, 25th Infantry Division (Light) deployment on or about 20 January 2004 4. His record contains a DA Form 67-9 (Officer Evaluation Report (OER)) for the rated period 17 July 2003 through 16 July 2004 showing he was assigned to C Battery, 11th Field Artillery Regiment , 25th Infantry Division (Light), Kirkuk, Iraq. His rated stated the applicant served as the C Company, 1st Battalion, 14th Infantry, [2nd Brigade Combat Team, 25th Infantry Division] Fire support officer. 5. Permanent Orders 031-01, issued by Headquarters, 1st Infantry Division, Forward Operating Base Danger, Tikrit, Iraq, on 31 January 2005, awarded him the Purple Heart for wounds received as a result of enemy or hostile action on 6 November 2004. These orders list his unit of assignment as C Company, 1st Battalion, 14th Infantry, [2nd Brigade Combat Team, 25th Infantry Division]. 6. His record contains a Bronze Star Medal Certificate showing he was awarded the Bronze Star Medal for meritorious service from 18 January 2004 to 1 March 2005. This certificate lists his unit of assignment as C Company, 1st Battalion, 14th Infantry, 2nd Brigade Combat Team, 25th Infantry Division. 7. He was honorably released from active duty on 20 February 2006. His DD Form 214 shows he served in Iraq from 11 January 2004 through 22 February 2005. This form further shows he was awarded or authorized the: * Combat Action Badge * Bronze Star Medal * Purple Heart * Army Commendation Medal * Army Achievement Medal * Meritorious Unit Commendation * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Iraq Campaign Medal with two bronze service stars 8. He provided a copy of General Orders Number 2009-24, issued by Headquarters, Department of the Army, dated 10 December 2009, which states the VUA was awarded to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division (to include 1st Battalion, 14th Infantry) for the period 1 October to 1 November 2004. 9. On 11 August 2011, a DD Form 215 was completed which deleted the Iraq Campaign Medal and added the Iraq Campaign Medal with two bronze service stars. REFERENCES: 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. 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: 1. The applicant states the VUA was awarded to 1st Battalion, 14th Infantry Regiment for operations in Iraq from 1 October 2004 to 1 November 2004 and that the award covers any unit assigned to the 1st Infantry Division for operations in Samarra, Iraq. 2. According to the his Bronze Star Medal certificate, he was assigned to C Company, 1st Battalion, 14th Infantry, 2nd Brigade Combat Team, 25th Infantry Division from 18 January 2004 to 1 March 2005. 3. General orders awarded the VUA to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division (to include 1st Battalion, 14th Infantry) for the period 1 October 2004 to 1 November 2004. The applicant was assigned to this unit during the period covered by the award. The VUA was not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150006662 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150006662 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2