BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150018210 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ __x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150018210 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Army National Guard records and Department of the Army records of the individual concerned be corrected by showing he was awarded the Valorous Unit Award and the Presidential Unit Citation. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his discharge orders. ___________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. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150018210 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/amendment of his: * DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Presidential Unit Citation (PUC) and the Valorous Unit Award (VUA). * discharge orders to reflect the above changes 2. The applicant states, in effect: a. He is requesting that his records and DD Form 214 be changed to include the PUC and VUA. They were awarded to the 1165th Military Police Company, on 8 July 2006, during his assignment with the unit. b. He served in the 1165th Military Police Company during a deployment from 13 March 2003 to 23 August 2004. He was honorably discharged on 7 November 2004. 3. The applicant provides copies of: * DD Form 214 * DD Form 689 (Individual Sick Slip) * Alabama Army National Guard (ALARNG) Discharge Orders 090-547 * Department of the Army General Orders (DAGO) 2009-15 * internet article pertaining to the PUC 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 ALARNG for a period of 8 years on 30 June 1995. 3. The applicant’s DD Form 214 shows he served in an active duty status from 15 March 2003 through 23 August 2004. His DD Form 214 also shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Global War on Terrorism Expeditionary Medal, Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal, Armed Forces Reserve Medal with “M” Device, and the Army Service Ribbon. b. Item 18 (Remarks) he served in Kuwait and Iraq in support of Operation Iraqi Freedom from 19 May 2003 to 11 July 2004. He was assigned to the 1165th Military Police Company. 4. DAGO Number 2009-15 shows the1165th Military Police Company was awarded the VUA for a period during which the applicant was assigned to the unit. 5. DAGO Number 2009-14 shows the 1165th Military Police Company was also awarded the PUC for service from 16 April to 15 July 2004, a period during which the applicant was assigned to the unit. REFERENCES: Army Regulation 600-8-22 in pertinent part, states the PUC is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941. The VUA may be awarded to units of the Armed Forces of the United States and cobelligerent nations 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 against an opposing armed force in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. DISCUSSION: 1. Department of the Army General Orders awarded the applicant’s unit the VUA and PUC for periods during which he was assigned to the unit. These awards are not listed on his DD Form 214. 2. With respect to the applicant’s request for his discharge orders to be amended; there is no governing authority or regulation that provides for changing discharge orders to reflect awards and decorations. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018210 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2