ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  28 March 2019

                   DOCKET NUMBER:  AR20170012067


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Valorous Unit Award (VUA).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Permanent Orders 4-5

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he was on terminal leave when the orders were published authorizing the VUA.  

3.  The applicant enlisted in the Regular Army on 2 February 1988.  

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows the applicant served in Saudi Arabia from 1 January to 15 June 1991 (a period of 5 months and       15 days).  The form does not specify what unit he was assigned or attached to during this period.  

5.  The applicant was honorably released from active duty on 1 February 1992.  He completed 4 years of net active service during this period with 5 months and 15 days foreign service.  His last duty assignment is listed as Headquarters and Headquarters Battery, 2nd Battalion, 52nd Air Defense Artillery.  Item 18 (Remarks) of his DD Form 214 lists his service in Southwest Asia as being from 1 January 1990 to 15 June 1991, (a period of 1 year, 5 months and 15 days).  This form further shows he was awarded or authorized the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Army Good Conduct Medal
* Driver and Mechanic Badge with Driver-W Bar
* Army Achievement Medal (1st oak leaf cluster) 

6.  The applicant provides Permanent Orders 4-5 issued by Headquarters, U.S. Army Forces Central Command, dated 8 January 1992 which awards the VUA to 2nd Battalion, 52nd Air Defense Artillery Unit Identification Code (UIC) WAXFAA for the period 17 January to 1 March 1991.

7.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia under the UIC WAXFA0.
8.  Army Regulation 600-8-22 (Military Awards) provides for award of the VUA 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.  
BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined that relief was warranted.  Based upon the documents submitted by the applicant and those found within the military service record, the Board found sufficient evidence to support adding the Valorous Unit Award to the applicant’s DD Form 214.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 adding the Valorous Unit Award to his DD Form 214.

SIGNATURE:

				 
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.





REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states the Valorous Unit Award 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.

ABCMR Record of Proceedings (cont)	 AR20170012067


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