IN THE CASE OF:
BOARD DATE: 12 MAY 2009
DOCKET NUMBER: AR20090000274
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his awards of the Combat Action Badge (CAB) and the Meritorious Unit Commendation (MUC).
2. The applicant states that he was awarded the CAB and the MUC after his DD Form 214 was issued. The period covered by the awards is during the period of his deployment as recorded on his DD Form 214.
3. The applicant provides a copy of Permanent orders awarding him the CAB and a copy of a memorandum announcing approval of award of the MUC to Headquarters, 42d Infantry Division (Mechanized).
CONSIDERATION OF EVIDENCE:
1. After serving 12 years, 9 months, and 6 days of active service in the Regular Army, the applicant was honorably discharged in the pay grade of E-5 on 14 May 1986 due to the expiration of his term of service.
2. On 16 August 1989, he enlisted in the Minnesota Army National Guard (MNARNG) and has remained there through a series of continuous reenlistments.
3. He was issued his Notification of Eligibility for Retired Pay at Age 60 (20-year letter) on 15 December 1997.
4. He was ordered to active duty in support of Operation Iraqi Freedom on 1 June 2004 and deployed to Kuwait and Iraq from 19 November 2004 to 11 June 2006. He was assigned to Company B, 434th Maintenance Support Battalion, 42d Infantry Division Support Command, 42d Infantry Division (Mechanized).
5. On 5 August 2006, he was honorably released from active duty due to completion of required service and was returned to his MNARNG unit.
6. He was ordered to active duty on 15 July 2007 in support of Operation Enduring Freedom for a period of 400 days. He deployed to Germany from 12 September 2007 to 10 October 2007 and then to Kosovo from 10 October 2007 to 5 July 2008.
7. On 8 August 2007, a memorandum was published by Headquarters, 42d Infantry Division, New York Army National Guard, which announced that the MUC had been approved for the Headquarters, 42d Infantry Division (Mechanized).
8. On 18 September 2008, Permanent Order 8263-116 was published by 42nd Regional Support Group, New Jersey Army National Guard, which awarded the applicant the CAB for the period of 19 January 2005 through 5 December 2005.
9. A search of the Army Human Resources Command (HRC) Military Awards Branch website revealed a list of units that have been approved for unit awards. That website shows that Headquarters and Headquarters Company (HHC), 42d Infantry Division, was approved for award of the MUC for the period of 14 February 2005 through 1 November 2005. It also shows that HHC, 42d Infantry Division Support Command, was approved for award of the MUC for the period of 27 October 2004 through 14 October 2005 and that Headquarters and Headquarters Detachment (HHD), 50th Maintenance Support Battalion, was approved for award of the MUC for the period of 7 January 2005 to 2 November 2005. There is no listing showing the applicant's unit, Company B, 434th Maintenance Support Battalion, being approved for any unit awards.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect that he was awarded the CAB has been noted and found to have merit. The applicant was awarded the CAB in permanent orders dated 18 September 2008 and is entitled to have that award entered on his records at this time.
2. While the sincerity of the applicant's claim that his unit was awarded the MUC for service in Iraq is not in doubt, he has failed to show through the evidence submitted with his application and the evidence of record that he is entitled to that award.
3. Although the memorandum he provides with his application indicates that Headquarters, 42d Infantry Division, was awarded the MUC, information obtained from the HRC website indicates that the MUC was awarded to HHC, 42d Infantry Division. Additionally, awards of the MUC were also awarded to HHC, 42d Infantry Division Support Command, and HHD, 50th Maintenance Support Battalion.
4. Therefore, absent orders to show that Company B, 434th Maintenance Support Battalion, was awarded the MUC or that he was assigned to any of the other companies that were awarded the MUC, there appears to be no basis to award him the MUC at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the CAB.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the MUC.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
__________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.
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