IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100017344
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 Meritorious Unit Commendation (MUC) and three bronze service stars to be affixed to his Iraq Campaign Medal (ICM).
2. The applicant states:
* He served in three campaigns during his assignments in Iraq (Iraqi Governance, National Resolution, and Iraqi Surge)
* Awards were not presented before leaving his unit or the service
3. The applicant provides:
* DD Form 214
* Excerpt from the Military Awards Branch Recently Approved Unit Awards
* Officer Evaluation Reports (OERs) covering the periods 1 January 2005 through 25 November 2005 and 1 April 2006 through 31 March 2007
* Officer Record Brief
* MILPER Message Number 10-78 (New Campaign Phases for the ICM)
CONSIDERATION OF EVIDENCE:
1. The applicant entered active duty on 14 June 2003. He served as a transportation officer in Iraq from 29 December 2004 to 9 December 2005 and from 21 May 2006 to 11 June 2007. On 1 October 2007, he was honorably discharged for miscellaneous/general reasons.
2. The applicant's DD Form 214 does not show the MUC as an authorized award. His DD Form 214 does show, among other awards, the ICM and the Global War on Terrorism Expeditionary Medal (GWOTEM).
3. The applicant provided an OER for the period 1 January 2005 through
25 November 2005 which shows he was assigned to the 546th Transportation Company in Iraq.
4. The Human Resources Command, Military Awards Branch, Recently Approved Unit Awards Register shows the 546th Transportation Company was cited for the MUC for actions during the period 31 December 2004 to
25 November 2005. The Department of the Army General Orders are pending.
5. Army Regulation 600-8-22 (Military Awards) states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after
1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.
6. Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). 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 entry on the Military Awards Branch Recently Approved Unit Awards Roster which shows the applicant's unit was awarded the MUC is accepted as sufficient evidence on which to amend his DD Form 214 to show this unit citation.
2. The applicant's request for three bronze service stars to be affixed to the ICM was noted. However, it appears he received the GWOTEM for his first tour in Iraq and he received the ICM for his second tour. Based on the applicant's service in Iraq and participation in two campaigns during his second tour in Iraq, he is eligible for award of the ICM with two bronze service stars. Therefore, his DD Form 214 should be corrected to show this award.
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 the MUC and two bronze service stars for wear on his already-awarded ICM to his October 2007 DD Form 214.
2. The Board further determined that the evidence presented was 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 a third bronze service star to be affixed to the ICM.
_______ _ _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) AR20100017344
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ABCMR Record of Proceedings (cont) AR20100017344
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