IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029454 


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 the:

* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Valorous Unit Award (VUA)
* Meritorious Unit Commendation (MUC)

2.  He states when he was discharged the requested medals were given out to the Soldiers who were discharged from active duty; therefore, he is authorized these awards.

3.  He provides:

* his DD Form 214
* a unit certificate for the VUA
* a unit certificate for the MUC

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 requested award of the GWOTEM.  In the processing of this case, a member of the Board staff contacted the applicant regarding his request for award of the GWOTEM.  The applicant was advised that with the implementation of the Iraq Campaign Medal (ICM) he has the option of electing to receive the ICM in lieu of the GWOTEM, but not both.  He elected to be authorized the ICM in lieu of the GWOTEM.  Therefore, the GWOTEM will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 21 July 2000.  He completed training and he was awarded military occupational specialty 11B (infantryman).

4.  Permanent Orders 158-220, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 7 June 2001, awarded the applicant the Air Assault Badge and Additional Skill Identifier "2B."  These orders show the applicant's unit of assignment as Company C, 3rd Battalion, 327th Infantry Regiment, Fort Campbell.

5.  On 10 November 2003, he was honorably released from active duty by reason of completion of required active service.  He completed 3 years,
3 months, and 20 days of creditable active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

6.  The DD Form 214 he was issued at the time shows in:

	a.  item 8a (Last Duty Assignment and Major Command) the entry
Company C, 3rd Battalion, 327th Infantry (Air Assault)

	b.  item 12f (Foreign Service) the entry "0000  05  24" [5 months and 24 days]

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Bar
* Combat Infantryman Badge
* Air Assault Badge

	d.  item 18 (Remarks) the entry "Service in Iraq:  030301 - 030824" [1 March to 24 August 2003]

7.  The applicant provides the following Department of the Army unit citations awarded to 3rd Battalion, 327th Infantry, 101st Airborne Division:

* VUA for the period 24 March 2003 to 31 July 2003, dated 22 November 2004
* MUC for the period 1 August 2003 to 8 January 2004, dated 23 November 2004

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-17 contains guidance on the ICM.  It states the ICM is authorized for service in Iraq from 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A bronze service star is authorized with this award for each Iraq campaign a member is credited with participating in.  During the applicant's service in Iraq he participated in the following two campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

	b.  Paragraph 2-19 contains guidance on the GWOTSM.  It states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  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.

9.  The U.S. Army Human Resources Command Military Awards Branch website lists recently approved unit awards.  It shows the 3rd Battalion, 327th Infantry Regiment was awarded the:

* VUA for the period 24 March 2003 to 31 July 2003
* MUC for the period 1 August 2003 to 8 January 2004

10.  General orders for these awards are pending.  Although general orders have not yet been published, these unit awards are authorized to be added to the Soldier's uniform/records.  Since Department of the Army General Orders are not added to a Soldier's Official Military Personnel File (OMPF) they are not necessary to update records.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant deployed to Iraq from 1 March to 24 August 2003 and participated during two campaign phases.  Therefore, he is entitled to the ICM with two bronze service stars and correction of his
DD Form 214 to show this award.

2.  Records show that the applicant participated in the Global War on Terrorism operations outside of the AOE designated for award of the ICM.  Therefore, he is entitled to GWOTSM and correction of his DD Form 214 to show this award.

3.  The applicant's unit was cited for award of the VUA and the MUC during his period of assignment in Iraq.  Therefore, he is entitled the VUA and the MUC and correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

__X_____  __X_____  ___X____  GRANT FULL RELIEF 

_______  _________  _________  GRANT PARTIAL RELIEF 

________  ________  _________  GRANT FORMAL HEARING

________  ________  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Service Medal
* Valorous Unit Award
* Meritorious Unit Commendation



      _______ _  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)                                         AR20100029454



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1