IN THE CASE OF:	

		BOARD DATE:	  27 January 2009

		DOCKET NUMBER:  AR20080018077 


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 that his separation document, DD Form 214, be corrected to add the Valorous Unit Award (VUA) and the Army Good Conduct Medal (AGCM).

2.  The applicant states he was awarded the VUA but it was not added to his DD Form 214.  He also states that he met the criteria for the AGCM but it is not reflected on his DD Form 214 either.

3.  The applicant provides documents showing that units under the 4th Brigade Combat Team, 3rd Infantry Division were awarded the VUA for the period 15 January 2005 to 14 January 2006, and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 2 January 2003 with 4 years and 1 month prior active service and 4 years, 5 months and 18 days of prior inactive service.

2.  On 30 April 2006, the applicant was honorably discharged.  The DD Form 214 he was issued shows he served in Kuwait and Iraq from 21 January to 29 August 2003, and from 20 January 2005 to 24 January 2006.



3.  The records maintained in the integrated Personnel Electronic Records Management System (iPERMS) are minimal on the applicant (three documents) and do not include any documents which would show his units of assignment while in Kuwait and Iraq or any documentation of his conduct and efficiency. 

4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Iraq.  This includes the VUA.

5.  Army Regulation 600-8-22 provides that the AGCM is awarded to those individuals who distinguish themselves by their conduct, efficiency and fidelity during a 3 year period of service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Any case of unfavorable consideration requires the immediate commander to notify the individual of the rationale for the decision and permits the member to respond.  This action is to be filed in the soldier's official military personnel file.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant's records do not show what units he was assigned to while he was in Iraq.  Without such assignment information it is impossible to determine whether the applicant was assigned to a unit under the 4th Brigade Combat Team, 3rd Infantry Division when it was awarded the VUA.

2.  The same lack of military records also makes it impossible to determine whether the applicant was disqualified for the AGCM.

3.  In view of the foregoing, there is insufficient evidence in which to grant the applicant's requests.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ____X__  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20080018077



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018077



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1