BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090008020 


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, in effect, award of a second Valorous Unit Award (VUA), a Presidential Unit Citation (PUC), and campaign service stars for his already-awarded Iraq Campaign Medal (ICM). 

2.  The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served in support of Operation Iraqi Freedom from 25 April 2003 to 18 September 2003 and that qualifies him for the VUA and PUC.  He states he served in Iraqi during the Transition of Iraq (2 May 2003 to 28 June 2003) and the Iraqi Governance (29 June 2004 to 15 December 2004) campaigns which should qualify him for at least one campaign service star for his already-awarded Iraq Campaign Medal. 

3.  The applicant provides copies of his DD Form 214 with a separation date of 22 September 2006 and a copy of an undated memorandum from U.S. Army Human Resources Command (HRC).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 July 2000.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 19D (Cavalry Scout).  

2.  Records show the applicant was assigned to Troop L, 3rd Squadron, 3rd Armored Cavalry Regiment from 10 July 2001 to 13 July 2006 with home station at Fort Hood, TX. 
3.  The applicant was honorably released from active duty on 22 September 2006 upon his expiration of his term of service and transferred to the 5025th Garrison Support Unit, U.S. Army Reserve at Fort Carson, CO.  His DD Form 214 shows he served for 6 years, 2 months, and 10 days with 1 year, 9 months, and 20 days of foreign service during this enlistment period.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Bronze Star Medal; the Army Commendation Medal First Oak Leaf Cluster; the Army Achievement Medal; the Valorous Unit Award; the Army Good Conduct Medal 2nd Award; the National Defense Service Medal; the Iraq Campaign Medal; the Global War on Terrorism Expeditionary Medal; the Global War on Terrorism Service Medal; the Noncommissioned Officer Professional Development Ribbon 2nd Award; the Army Service Ribbon; the Overseas Service Ribbon 2nd Award; the Combat Action Badge; and the Driver and Mechanic Badge with Wheeled Vehicles Component Bar.

5.  Item 18 (Remarks) of the applicant's DD Form 214 shows he had two periods of service in Iraq with the first period from 16 April 2003 to 27 February 2004 and the second period from 6 March 2005 to 13 February 2006.  

6.  Permanent Orders 232-02, dated 19 August 2008, issued by HRC announced award of the VUA to the 3rd Armored Cavalry Regiment for extraordinary heroism in action against an armed enemy during the period 25 April 2003 to 
18 September 2003.

7.  The Soldier Programs/Services Division, Awards Branch, HRC, database does not show the 3rd Armored Cavalry Regiment was awarded the PUC or a second VUA.  The instructions state that Military Personnel Divisions and Branch Managers may use listings obtained from the site to update Soldiers' records; copies of Department of the Army general orders are not added to Soldiers' official military personnel files and are not necessary to update records.

8.  Campaign service stars for the ICM are authorized in accordance with Headquarters, Department of the Army, Military Personnel Message Number 08-123 (AHRC-PDP-A).  Soldiers, who qualified for the ICM, may display a bronze campaign star on their medal for each designated campaign phase in which they participated.  The four campaign phases and associated dates established for the ICM are the Liberation of Iraq (19 March 2003 to 1 May 2003), the Transition of Iraq (2 May 2003 to 28 June 28 2004), the Iraqi Governance (29 June 2004 to 15 December 2005), and the National Resolution (16 December 2005 to a date to be determined).

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation 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. 

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States 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 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.

11.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April  2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  No service member will be entitled to both the GWOTEM and the Iraq Campaign Medal for the same act, achievement or period of service. 

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be entitled to award of the PUC, a second award of the VUA, and a campaign service star for his already-awarded ICM.  

2.  While the applicant was assigned and forward deployed to Iraq with the 3rd Armored Cavalry Regiment during the period 25 April 2003 to 18 September 2003, the regiment was awarded the VUA.  The applicant's DD Form 214 issued on 22 September 2006 correctly reflects one award of the VUA.  

3.  A search of the files maintained by HRC does not show that the 3rd Armored Cavalry Regiment was awarded a second VUA nor was it awarded the PUC during Operations ENDURING FREEDOM and IRAQI FREEDOM.  

4.  The applicant's record does show he was awarded the Iraq Campaign Medal for his period of service from 6 March 2005 to 13 February 2006.  Therefore, the applicant is entitled to have his record corrected to show two bronze service stars for these campaigns:  the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

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 amending his DD Form 214 issued on 22 September 2006 to show two bronze service stars to be affixed to his previously-awarded Iraq Campaign Medal. 









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 Presidential Unit Citation and a second award of the Valorous Unit Award. 



      _______ _   _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.



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