IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100027463 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the Meritorious Service Medal (MSM) and Meritorious Unit Commendation (MUC) he was awarded while assigned to the 144th Military Police (MP) Company in Iraq.

2.  He states he received the two awards after retiring on 9 June 2009.  He requests issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to add these awards to his DD Form 214.

3.  He provided:

* a DA Form 638 (Recommendation for Award)
* an MSM award certificate
* his mobilization orders
* permanent orders for MUC

CONSIDERATION OF EVIDENCE:

1.  Headquarters, U.S. Army Fort Dix, Permanent Order 293-001, dated 
20 October 2006, shows the 144th MP Company, Combat Support, 201 North Water Street, Owosso, MI was scheduled to deploy in a Temporary Change of Station status for 543 days.  The unit was assigned to the 144th MP Company, Combat Support, U.S. Central Command, Area of Responsibility.  His name is on the accompanying list which contains rank, name, social security number, and military occupational specialty of unit members scheduled to deploy. 

2.  His DD Form 214 for the period ending 9 June 2009 shows he was retired due to temporary disability and given an honorable character of service.  Item 12 (Record of Service) of this form shows he completed 2 years, 10 months, and 
15 days of net active service for the period; 6 years, 10 months, and 11 days of prior active service; and 12 years, 8 months and 1 day of prior inactive service.  Item 12f (Foreign Service) does not show any foreign service time.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded the MSM or MUC; however, he was awarded the Iraq Campaign Medal (ICM) with one bronze service star.  Item 18 (Remarks) does not show any deployments.

3.  He provided U.S. Army Human Resources Command, Permanent Orders 233-24, issued on 21 August 2009.  These orders show the 144th MP Company was awarded the MUC for exceptionally meritorious service in support of Operation Iraqi Freedom (OIF) during the period 22 October 2006 through 
5 October 2007.

4.  He provided a DA Form 638 and an MSM award certificate that show he was awarded the MSM by Joint Force Headquarters, Michigan Army National Guard, Permanent Order Number 167-001, dated 16 June 2009, for exceptionally meritorious service from 12 January 1987 through 9 June 2009.

5.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for Kuwait from 21 October 2006 through 31 May 2007 and from 
1 August 2008 through 15 May 2009; for a total of 1 year, 4 months and 
21 days.  

6.  A review of his records indicates he may be entitled to additional bronze service stars for wear on his previously-awarded ICM. 

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

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4 states that for a Reserve Soldier ordered to active duty and deployed to a foreign country enter the following three statements in item 18 of the DD Form 214:  

   a. “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)”; 
   
   b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"; and 
   
   c. “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS.”

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded his unit the MUC during his period of service in Iraq.  Therefore, it would be appropriate to add this unit award to his 
DD Form 214.

2.  He was awarded the MSM by permanent order.  Therefore, he is entitled to have this award added to his DD Form 214.  

3.  His records indicate he was previously awarded the ICM with one bronze service star.  The evidence of record shows he served in Iraq during the following three campaigns and is entitled to three bronze service stars for wear on his ICM:

* 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)

4.  In view of the foregoing, items 12f and 18 should be amended to show:

* Item 12f – 0001 Year(s) 04 Month(s) 21 Day(s)


* Item 18:

* ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION IRAQI FREEDOM) PER 10 USC SECTION 12302 
* SERVICE IN (IRAQ/KUWAIT) FROM 20061021-20070531 and 20080801-20090515 
* SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS

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 Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for period ending 9 June 2009, as follows:

	a.  adding the entry 0001 Year(s) 04 Month(s) 21 days to item 12f;
	
   b.  deleting the ICM with one bronze service star from item 13;

   c.  adding the following awards to item 13:
      
* MSM
* MUC
* ICM with three bronze service stars; and
      
	d.  Item 18 – adding the following entries:

* ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM PER 10 USC SECTION 12302 
* SERVICE IN IRAQ/KUWAIT FROM 20061021-20070531 and 20080801-20090515 
* SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS



      _____________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)                                         AR20100027463





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ABCMR Record of Proceedings (cont)                                         AR20100027463



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