BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090020124 


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 Unit Citation and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he just recently discovered that a unit he was assigned to was approved for award of the Presidential Unit Citation (PUC).

3.  The applicant provides copies of his reassignment orders, his DD Form 214, and the message announcing the award of the PUC.

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.  His military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 15 December 2001.  He was discharged from the USAR DEP on 6 January 2002 and he enlisted in the Regular Army (RA) in pay grade E-1 on 7 January 2002.  He was assigned to Headquarters and Headquarters Company, 86th Signal Battalion, 11th Signal Brigade, on 19 June 2002.  He served with this unit in Kuwait from 14 February to 7 April 2003 and in Iraq from 7 April 2003 to 7 July 2003.

3.  He submitted a copy of and his records contain a copy of MARADMIN [Marine Administrative] message 578/03, subject:  Announcement of Presidential Unit Citation (Navy), dated 12 December 2003.  The purpose of the message was to publish the list of participating Army units for the PUC.  The PUC was approved to recognize I Marine Expeditionary Force for actions in Operation Iraqi Freedom (OIF) from 21 March to 24 April 2003.  The listing of participating Army units included the 86th Signal Battalion.

4.  The applicant was honorably released from active duty in pay grade E-4 on
5 May 2006 and was transferred to the USAR Control Group (Reinforcement) to complete his Remaining Reserve obligation.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list the following awards:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

6.  He was subsequently discharged from the USAR on 5 November 2009.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, including Kuwait.

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms he met the criteria for award of the PUC (Navy) by his assignment to the 86th Signal Battalion and service in Kuwait/Iraq.  Therefore, he is entitled to the PUC (Navy) and correction of his DD Form 214 to show this unit award.

2.  The applicant served in Kuwait for a qualifying period of service for award on the GWOTEM.  Therefore, he is entitled to the GWOT and correction of his DD Form 214 to show this award.

3.  The applicant served in Iraq for a qualifying period of service for award of the Iraq Campaign Medal.  Evidence also shows he participated during two campaign phases.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

4.  In view of the foregoing, the applicant’s DD Form 214 should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  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 Department of the Army records of the individual concerned be corrected by adding to Item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, and the Presidential Unit Citation (Navy).



      _________________________
               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)                                         AR20090020124



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ABCMR Record of Proceedings (cont)                                         AR20090020124



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