IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016615 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: 16 March 2017 DOCKET NUMBER: AR20150016615 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 January 1994 by deleting the Kuwait Liberation Medal and adding the Valorous Unit Award, the Kuwait Liberation Medal (Kingdom of Saudi Arabia), and the Kuwait Liberation Medal (Government of Kuwait). ___________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: 16 March 2017 DOCKET NUMBER: AR20150016615 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 record to show he was awarded or authorized the Valorous Unit Award (VUA). 2. The applicant states, in effect, the VUA was awarded 5 March 1996, five years after his discharge. He is a veteran who only wants what he earned. 3. The applicant provides a memorandum from the U.S. Total Army Personnel Command, dated 5 March 1996, and Department of the Army General Orders 1997-14, issued by Headquarters, Department of the Army on 11 April 1997. 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 19 August 1987. He completed his initial entry training and was awarded military occupational skill MOS 76C (Equipment Records and Parts Specialist). 3. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned, on or about 5 January 1991, to Company D, 12th Engineer Battalion, in the Federal Republic of Germany. He deployed with this unit on or 18 January 1991, in support of Operations Desert Shield and Desert Storm. 4. Permanent Orders 054-264, issued by the 520th Personnel Service Company on 17 May 1991, shows he was awarded the Army Good Conduct Medal (1st Award). His unit of assignment on these permanent orders is Company D, 12th Engineer Battalion. 5. The applicant's DA Form 2-1 shows he departed Southwest Asia on or about 19 May 1991. 6. The applicant was honorably released from active duty on 6 January 1994. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized the following; * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Southwest Asia Service Medal with 2 bronze service stars * Army Service Ribbon * Overseas Service Ribbon * Kuwait Liberation Medal * Driver Badge * Mechanic Badge * Sharpshooter Marksmanship Badge with Automatic Rifle Bar (M-16) 7. Department of the Army General Orders 1997-14, issued by Headquarters, Department of the Army on 11 April 1997, announced award of the VUA to Headquarters and Headquarters Company, 1st Brigade, 3rd Armored Division and its attached units, including 12th Engineer Battalion, for extraordinary heroism from 19 January 1991 to 19 May 1991. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. The Kuwait Liberation Medal issued by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991. b. The Kuwait Liberation Medal issued by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. DISCUSSION: 1. The evidence of record shows the applicant was assigned to Company D, 12th Engineer Battalion while serving in the Persian Gulf War. 2. Department of the Army General Orders awarded the applicant's unit of assignment the VUA for extraordinary heroism on 11 April 1997. The applicant was assigned to the unit during the dates in question. This unit award is not shown on his DD Form 214. 3. The evidence of record confirms the applicant served in the Persian Gulf War during periods of qualifying service that authorized him the Kuwait Liberation Medal (Kingdom of Saudi Arabia) and the Kuwait Liberation Medal (Government of Kuwait). However, his DD Form 214 does not show these foreign service medals. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016615 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2