IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020823 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Valorous Unit Award, the Presidential Unit Citation, and the Iraq Campaign Medal.  She also requests correction of item 11 (Primary Specialty) of the DD Form 214 to show she served 5 years and 6 months. 

2.  The applicant states, in effect, that after the unit Stop Loss was lifted and after serving 5 months in Baghdad, she redeployed back to the Continental United States (CONUS) before the rest of her unit.  She contends that she contacted her former squad leader in October 2009, who informed her that the unit had received the Valorous Unit Award and the Presidential Unit Citation.  He also informed her she was eligible to receive the Iraq Campaign Medal.  She requests that the Board consider her request because she did not know about the medal before her discharge in November 2003.  

3.  The applicant provides the following:

* A copy of deployment orders 044-301, dated 13 February 2003, Headquarters, Joint Readiness and Training Center (JRTC) and Fort Polk
* A memorandum requesting release from Commander, 204th Military Police Company, dated 19 July 2003
* A memorandum requesting release from Commander, 519th Military Police Battalion, dated 24 July 2003
* A memorandum approving release from Commander, 18th Military Police Brigade, dated 16 August 2003
* A copy of transition orders 294-0371, dated 21 October 2003,  Headquarters, JRTC and Fort Polk
* A copy of her DD Form 214

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 records show she initially enlisted in the United States Army Reserve (USAR) on 28 July 1997 for a period of 8 years under the delayed entry program (DEP).  She was discharged from the DEP and enlisted in the Regular Army on 17 June 1998 for a period of 5 years.  

3.  A copy of her DA Form 2-1 (Personnel Qualification Record – Part II) shows in item 17 (Civilian and Military Schools) and in item 35 (Current and Previous Assignments) that she completed 17 weeks of One Stop Unit Training (OSUT) for basic combat and advanced individual training (AIT).  She was awarded military occupational specialty (MOS) 95B (Military Police) which later converted to MOS 31B (Military Police).  

4.  Section IX (Assignment History) of her Enlisted Record Brief (ERB) shows the applicant was assigned to Company C, 795th Military Police Battalion, Training Brigade, during the period 22 June 1998 through 26 October 1998 as a student.  On 29 October 1998, she was assigned to the 519th Military Police Battalion, Fort Polk, LA.  

5.  A copy of her deployment orders show she deployed from Fort Polk, LA on or about 20 March 2003 in support of Operation Enduring Freedom (OEF) and was assigned to the United States Central Command (USCENTCOM) area of operation (AOR).  Her records also indicate that she served in two campaigns during her tour in Iraq:  Liberation of Iraq from 19 March 2003 to 1 May 2003 
and the Transition of Iraq from 2 May 2003 to 28 June 2004. 

6.  A memorandum dated 16 August 2003 authorized the applicant to redeploy to CONUS on 20 August 2003 because she had fulfilled the requirements of her tour in support of Operation Iraqi Freedom (OIF) and to allow her transition time to meet her Expiration of Term of Service (ETS) date.  She was honorably released from active duty (REFRAD) on 30 November 2003 and was transferred to the USAR Control Group (Reinforcement), St Louis, MO.  She served a total of 5 years, 5 months and 14 days net active service and 5 months and 3 days foreign service.   

7.  Item 11 of her DD Form 214 shows she served 5 years and 1 month in MOS 31B2O.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded the following:

* Army Commendation Medal 2nd award
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Driver and Mechanic Bar with Operator S Bar

8.  General Orders (GO) 2009-15, dated 16 December 2009, awarded the 204th Military Police Company the Valorous Unit Award for the period 26 March 2003 through 31 January 2004.

9.  The Army Human Resource Command, Award and Decorations database, and the Army Publishing Agency Directorate are void of any orders awarding the Presidential Unit Citation to the 204th Military Police Company. 

10.  The U.S. Army Center of Military History (CMH) is responsible for the appropriate use of history throughout the United States Army.  Today, following several reorganizations, this lineage and honors function forms the heart of the Organizational History Branch, CMH.  The principal product of the branch is the Lineage and Honors Certificate, a document that serves a legal function as the "birth certificate" of the unit, its "service record," and its "deed" to organizational properties and historical records. This document is a concise statement of the organizational history of a unit and denotes primarily its dates of constitution (being placed on the rolls of the Army), activations and inactivations, and changes in unit designation. It also includes the official list of battle honors awarded to the unit-campaign participation credit and unit decorations (both American and foreign).  

11.  The CMH, lineage and honors information on the 204th Military Police Company as of 12 February 2008, shows that the unit received the Valorous Unit Award Streamer embroidered IRAQ 2003-2004 and the Meritorious Unit Commendation (Army) Streamer embroidered IRAQ 2006.  No other unit decorations are cited.  

12.  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. 

13.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of the country of Iraq, and 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 Operation Iraqi Freedom.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

15.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Chapter 2 states the information in item 11 is obtained from the ERB.  It states to enter the titles of all MOSs served for at least 1 year and includes for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  It states to not count basic training and AIT.
DISCUSSION AND CONCLUSIONS:

1.  The applicant requested for her DD Form 214 to show award of the Valorous Unit Award, the Presidential Unit Citation, and the Iraq Campaign Medal.   She also contends that she held MOS 31B for a period of 5 years and 6 months, and that this should be indicated in item 11.  The applicant's request was carefully considered and only partially supported by the evidence presented.  

2.  GO 2009-15 awarded the 204th Military Police Company the Valorous Unit Award for the period 26 March 2003 through 31 January 2004.  The applicant's records indicate she was assigned to this company while serving in Iraq during the period 20 March 2003 through 20 August 2003.  Therefore, she is entitled to have this unit award added to her records.

3.  The Army Human Resource Command, Award and Decoration database and the Army Publishing Agency Directorate are void of any orders awarding the applicant's unit the Presidential Unit Citation; therefore, she is not entitled to this unit award. 

4.  The Iraq Campaign Medal is awarded to individuals who served in support Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  The applicant's deployment orders indicate she served in support of this operation during the period 20 March 2003 through 20 August 2003 which encompassed two campaigns; therefore, she is entitled to have Iraq Campaign Medal with two bronze service stars added to her records. 

5.  The GWOTSM is awarded to all Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined.  The applicant's records show she was on active duty during the prescribed period; therefore, she is entitled to have this unit award added to her records.

6.  The applicant's records show she was attending basic training and AIT during the period 22 June 1998 through 26 October 1998.  Army Regulation 635-5 chapter 2, item 11 indicates that basic training and AIT are not included.  From the period beginning 27 October 1998 and ending on 30 November 2003, the total time served is 5 years, 1 month and 5 days.  Therefore, the entry on her DD Form 214 is correct as indicated. 



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 adding to item 13 of her DD Form 214 the Valorous Unit Award, GWOTSM, and the Iraq Campaign Medal with two bronze service stars. 

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 the correction of item 11 of the DD Form 214 to show 5 years and 
6 months.   




      __________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)                                         AR20090020823





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020823



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1