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ARMY | BCMR | CY2004 | 20040011315C070208
Original file (20040011315C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040011315


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his record be corrected to show award of
the Navy Presidential Unit Citation.

2.  The applicant states that the award is not reflected on his DD Form 214
(Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of his DD Form 214 and a copy of a
memorandum from the applicant’s commanding officer supporting his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the New York Army National Guard for 6 years
on    28 December 1973.  His record thereafter shows that he was discharged
from the Army National Guard under honorable conditions on 1 April 1985,
and honorably discharged from the Army National Guard on 27 December 1990.
Except for his DD Form 214, there is no record of his service after 1990.

2.  The applicant’s DD Form 214 shows that he was ordered to active duty on
   24 May 2004 in support of Operation Enduring Freedom/Iraqi Freedom and
released from active duty on 24 July 2004 at Fort Dix, New Jersey.  His
unit shown on his DD Form 214 is the 442nd Military Police Company, a New
York Army National Guard unit in Orangeburg, New York.

3.  In a 9 November 2004 memorandum for record, the applicant’s commanding
officer verified that the applicant deployed with the 442nd Military Police
Company in support of Operation Iraqi Freedom, and that unit was assigned
to the 1st Marine Expeditionary Force, which was awarded the Navy
Presidential Unit Citation.  He stated that the applicant was authorized
the Navy Presidential Unit Citation as a permanent award.

4.  In a 12 December 2003 message, the Commandant of the Marine Corps
published a listing of participating Army units for the Navy Presidential
Unit Citation.  That message referred to a memorandum from the Army
Military Awards Branch which provided concurrence and acceptance of the
Navy Presidential Unit Citation.  The message indicated that the award was
approved to recognize 1st Marine Expeditionary Force for its actions in
Operation Iraqi Freedom from 21 March to 24 April 2003, and that the Army
approved the award to participating Army units.  That list, however, did
not include the 442nd Military Police Company.

5.  On 26 May 2004 the Commandant of the Marine Corps requested that the
Army concur in the award the Navy Presidential Unit Citation to additional
Army units.  Those additional units included the 442nd Military Police
Company.  He requested expeditious processing of his request, “in order to
get the award out to the service members who earned it over a year ago.”

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the 442nd Military Police Company is
entitled to award of the Navy Presidential Unit Citation, subject to
Department of the Army concurrence, for its actions while participating
with the 1st Marine Expeditionary Force from 21 March to 24 April 2003.

2.  The applicant was on active duty with the 442nd Military Police Company
from 24 May 2004 to 24 July 2004 as shown by his DD Form 214 – more than a
year after the period for which it was awarded the Navy Presidential Unit
Citation.

3.  There is no evidence, and the applicant has not submitted any, to
indicate that he served with the 442nd during the qualifying period for
that award; and,  notwithstanding the memorandum of support from the
applicant’s commanding officer, there is no evidence that the 442nd
Military Police Company was awarded the Navy Presidential Unit Citation for
its actions during the period of the applicant’s deployment in support of
Operation Enduring Freedom/Iraqi Freedom.

4.  Consequently, the applicant is not entitled to award of the Navy
Presidential Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RB   __  ___LF___  ___LD  __  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.





                                  _____ Ronald Blakely _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011315                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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