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ARMY | BCMR | CY2008 | 20080007779
Original file (20080007779.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        30 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007779 


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 award of the Presidential Meritorious Unit Citation (sic).  This request is construed to mean that the applicant requests award of the Presidential Unit Citation (PUC) or Meritorious Unit Commendation (MUC).  

2.  The applicant states, in effect, that he served in Iraq with A Company, 
1st Battalion, 504th Parachute Infantry Regiment (PIR) from 3 October 2005 – 
14 February 2006.  His unit received a PUC or MUC which 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.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 29 September 2004 through 15 December 2006.  On 10 January 1967, the applicant enlisted in the Regular Army for a period of 3 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).  He attained the grade of specialist/E-4.  He was honorably discharged under the provisions of Army Regulation 635-40, chapter 4-24b(3), by reason of disability, severance pay.

2.  The applicant's DD Form 214 shows that he served in Iraq from 3 October 2005 through 14 February 2006.

3.  In processing this case, contact was made with the unit awards specialist at the Military Awards Branch, U.S. Army Human Resources Command (HRC), Alexandria, who advised that the applicant's unit was not cited for award of either the PUC or MUC during the period of time he served in Iraq.  His unit was included in an earlier unit award with the 3rd Brigade Combat Team, 82nd Airborne Division for the 2003-2004 timeframe and was also cited for a unit award in 2007-2008.  

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

5.  Army Regulation 600-8-22 provides, in pertinent part, that the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq from 3 October 2005 through 14 February 2006.

2.  HRC-Alexandria indicates that the applicant’s unit was not cited for award of either the PUC or MUC during the timeframe he served in Iraq.  His unit was cited prior and subsequent to his service in Iraq.  In order to be entitled to these unit awards, the applicant must have been present in the unit during the time the unit was cited for the unit award.

3.  Given the above, there is no basis upon which to grant the applicant's request.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                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)                                         AR20080007779





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ABCMR Record of Proceedings (cont)                                         AR20080007779



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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