BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160016175 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160016175 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160016175 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 the Valorous Unit Award. 2. The applicant states that he was assigned to the 3rd Brigade, 3rd Armored Division, while stationed in Saudi Arabia and Kuwait during Operation Desert Storm. He did not know about this award until recently when he was notified by his commander from Desert Storm. 3. The applicant provides his DD Form 214 and Department of the Army General Orders (DAGO) Number 4. 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. Having prior service from 26 June 1974 to 23 June 1978, the applicant reenlisted in the Regular Army (RA) on 10 August 1989. He held military occupational specialties 14S (Avenger Crewmember) and 16S (Manpads Crewmember). 3. His DA Form 2-1 (Personnel Qualification Record) shows in – * Item 5 (Oversea Service) – he served in: * Germany from 9 January 1990 to 30 December 1990 * Saudi Arabia from 31 December 1990 to 18 May 1991 * Germany from 19 May 1991 to 1 September 1993 * Item 9 (Awards, Decorations and Campaigns) – the: * Army Service Ribbon * National Defense Service Medal (2nd Award) * Overseas Service Ribbon (2nd Award) * Noncommissioned Officer's Professional Development Ribbon * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Southwest Asia Service Medal with three bronze service stars * Saudi Kuwait Liberation Medal – Saudi Arabia * Air Assault Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 35 (Record of Assignments – he was assigned to Company D, 5th Battalion, 3rd Air Defense Artillery, Germany, from 10 January 1990 to 31 August 1993 4. Permanent Orders Number 04-04, issued by Headquarters, 3rd Brigade, 3rd Armored Division on 22 March 1991, awarded him the Army Commendation Medal for meritorious achievement for the period from 17 January to 28 February 1991. The orders show he was assigned to Company D, 5th Battalion, 3rd Air Defense Artillery. 5. He reenlisted in the RA on 25 February 1993. 6. He was honorably discharged on 24 February 1996. His DD Form 214 shows he completed 6 years, 6 months, and 15 days of net active service that included 3 years, 7 months, and 23 days of foreign service. His DD Form 214 also shows in: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the: * Army Lapel Button * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal (2nd Award) * Noncommissioned Officer's Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Saudi Kuwait Liberation Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Air Assault Badge * Item 18 (Remarks) – Service in Southwest Asia from 31 December 1990 to 18 May 1991 7. He provides DAGO Number 14, dated 11 April 1997, which cited, in pertinent part, award of the Valorous Unit Award for extraordinary heroism while engaged in military operations to: * Battery A, 5th Battalion, 3rd Air Defense Artillery, for the period from 3 January to 19 May 1991 * Headquarters and Headquarters Company, 3rd Brigade, 3rd Armored Division, for the period from 4 January to 11 May 1991 REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. The regulation stated item 13 would list awards and decorations for all periods of service in the priority sequence specified in the regulation, verified by the Soldier's records. DISCUSSION: 1. The evidence of record shows the applicant deployed with his unit, Company D, 5th Battalion, 3rd Air Defense Artillery, and served in Southwest Asia from 31 December 1990 to 18 May 1991. DAGO Number 14 awarded the Valorous Unit Award to Battery A, 5th Battalion, 3rd Air Defense Artillery and Headquarters and Headquarters Company, 3rd Brigade, 3rd Armored Division. 2. There is no evidence of record showing the applicant was assigned to either unit during his period of military service for award of the Valorous Unit Award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016175 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016175 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2