IN THE CASE OF:	  

		BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090012040 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Valorous Unit Award.

2.  The applicant states, in effect, that he served in the Al Anbar Province of Iraq while assigned to the Howitzer Battery of 1st Battalion, 3rd Armored Cavalry Regiment, during Operation Iraqi Freedom from April 2003 through March 2004.  The applicant continues that the regiment was awarded the Valorous Unit Award for its accomplishments during his tenure and he desires to have the unit award added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 as documentary evidence in support of this application.  Although he stated that he also provided a copy of the orders for his overseas tour in Iraq, none were included with his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Delayed Entry Program on 14 August 1995.  He enlisted in the Regular Army and entered active duty on 9 July 1996.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, the applicant was awarded military occupational specialty 13B (Cannon Crewmember).  The highest rank he attained while serving was the rank of specialist/pay grade E-4.  The applicant was discharged from active duty with an honorable characteriza-tion of service on 12 July 2005 after completing 9 years and 4 days of active duty service.

3.  The applicant's DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period April 2003 through March 2004 shows he deployed to Iraq and performed admirably in support of Operation Iraqi Freedom.  This form also shows the applicant was assigned to Howitzer Battery, 1st Battalion, 3rd Armored Cavalry Regiment, during this rating period.

4.  The applicant's DD Form 214 shows he served in Kuwait and Iraq during the period 17 April 2003 through 3 March 2004.  This form also shows the applicant's final duty assignment was to the 3rd Armored Cavalry Regiment Replacement Detachment.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows receipt of:  the Army Commendation Medal with "V" Device, the Army Achievement Medal (4th Award), The Army Good Conduct Medal (2nd Award), the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Army Lapel Button, the NCO Professional Development Ribbon, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Air Assault Badge, and the Overseas Service Bar.  This form does not show award of the Valorous Unit Award.

6.  The applicant's Official Military Personnel File does not contain any documentation showing award of the Valorous Unit Award.  

7.  Army Regulation 600-8-22 (Military Awards) 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 so as 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.

8.  A query of the unit award database maintained by U.S. Army Human Resources Command, shows the 3rd Armored Cavalry Regiment was approved for award of the Valorous Unit Award for the period of 25 April 2003 through 18 September 2003.  This database also indicates that although issuance of Department of the Army General Orders is still pending, the award is authorized to be added to Soldiers' uniforms and records.

9.  Bravo Detachment, 556th Personnel Services Battalion, Permanent Orders 274-330, dated 1 October 1999, awarded the applicant his initial Army Good Conduct Medal.  Charlie Detachment, 502nd Personnel Services Battalion, Permanent Orders 066-02, dated 7 March 2003, awarded the applicant the Army Good Conduct Medal (2nd Award).  Delta Detachment, 502nd Personnel Services Battalion, Permanent Orders 178-025, dated 27 June 2005, awarded the applicant the Army Good Conduct Medal (3rd Award).

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for participation in a named campaign and states that authorized bronze service stars will be worn on the appropriate service medal.  Department of the Army Military Personnel Message 08-123 provided guidance on the criteria, applicability, and standards on awarding and wear of service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq, he completed qualifying periods of service during the Liberation of Iraq and Transition of Iraq campaigns.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's  contention that his DD Form 214 should be corrected to show award of the Valorous Unit Award was carefully considered and determined to have merit.

2.  Evidence shows the applicant's unit was awarded the Valorous Unit Award  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 during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Valorous Unit Award.

3.  Three distinct Permanent Orders awarded the applicant the Army Good Conduct Medal for three distinct periods of service.  His DD Form 214 incorrectly shows that he was awarded the Army Good Conduct Medal (2nd Award).  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Army Good Conduct Medal (3rd Award). 

4.  Evidence shows the applicant participated in two campaigns during his period of service in Iraq.  Therefore, the applicant is entitled to have his record corrected to show award of two bronze service stars to be affixed to his previously awarded Iraq Campaign Medal.

BOARD VOTE:

___X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Depart-ment of the Army records of the individual concerned be corrected by:

	a.  deleting the Army Good Conduct Medal (2nd Award);

	b.  adding the Army Good Conduct Medal (3rd Award);

	c.  deleting the Iraq Campaign Medal;

	d.  adding the Iraq Campaign Medal with two bronze service stars;

	e.  adding the Valorous Unit Award; and

	f.  providing the applicant a correction to his separation document to show these changes.



      _______ _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)                                         AR20090012040





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