IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20100029478 


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 that he earned the requested awards while he was assigned to Company A, 3rd Battalion, 7th Infantry Regiment (Mechanized), but they are not annotated on his DD Form 214.  He attests that he did not receive the requested medals at the time of his discharge.

3.  He provides his 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 enlisted in the Regular Army on 21 July 2000.  On 20 October 2003, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He was subsequently honorably discharged from the USAR on 8 April 2008.  On 25 July 2008, he enlisted in the New Jersey Army National Guard (NJARNG) and he currently holds the rank/grade of staff sergeant (SSG)/E-6 and military occupational specialty 11B (Infantryman).

3.  His DD Form 214 for the period ending 20 October 2003 shows in:

	a.  Item 8a (Last Duty Assignment and Major Command) he was assigned to Company A, 3rd Battalion, 7th Infantry Regiment (Mechanized).

	b.  Item 12f (Foreign Service) he served overseas for a period of 1 year, 3 months, and 15 days.

	c.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) none of the awards or decorations which are the subject of this request.

	d.  Item 18 (Remarks) he served in Operation Enduring/Iraqi Freedom from 25 November 2002 through 8 August 2003.

4.  Permanent Orders 110-15, issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 20 April 2009, awarded his unit the Presidential Unit Citation for actions in support of the liberation of Iraq during the period 19 March 2003 to 1 May 2003.

5.  Search of the U.S. Army, Center of Military History internet website failed to show his unit was awarded any additional recognition for actions during his period of assignment.

6.  Army Regulation 600-8-22 (Military Awards) provides that 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 

designated areas of eligibility 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.

7.  Army Regulation 600-8-22 states the 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 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 in operations approved by the Secretary of Defense.

8.  Army Regulation 600-8-22 states the VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the PUC.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

9.  Army Regulation 600-8-22 states the MUC 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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 

contains guidance on the preparation of the DD Form 214.  It also states, in pertinent part, that all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the:

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Valorous Unit Award
* Meritorious Unit Commendation

2.  The evidence shows he served a qualifying period of service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence shows he served a qualifying period of service for award of the GWOTEM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence shows his unit was awarded the Presidential Unit Citation for actions during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  There is no evidence showing his unit was awarded either the Valorous Unit Award or the Meritorious Unit Commendation during his period of assignment.  Therefore, he is not entitled to correction of his DD Form 214 to show award these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 his DD Form 214 the:

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Presidential Unit Citation

2.  The Board further determined 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 adding the Valorous Unit Award and the Meritorious Unit Commendation to his DD Form 214.



      _________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)                                         AR20100029478



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ABCMR Record of Proceedings (cont)                                         AR20100029478



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