IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110008229 


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 he be awarded the Army Good Conduct Medal (AGCM), Noncommissioned Officer Professional Development Ribbon (NPDR) and the Navy Unit Commendation (NUC).

2.  He states he served as an enlisted infantryman in Iraq and participated in dangerous missions of which he had taken small arms fire, was blasted by Improvised Explosive Devices and behaved as any infantryman should.  He was also attached to the U.S. Marine Corps during Operation Phantom Fury and fought during some of the fiercest of times.  As a result, his unit of attachment was awarded the Valorous Unit Award (VUA), as well as the NUC.

3.  He also states he was chosen to attend the Warrior Leadership Course (WLC) due to his high level of proficiency, experience and leadership abilities.  He graduated with a superior rating in research and was recommended for higher level schooling. 

4.  He provides his:

* DA Form 1059 (Service School Academic Evaluation Report)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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.  His military personnel record shows he enlisted in the Regular Army on 
30 June 2003.  After the completion of training, he served in military occupational specialty 11B (Infantryman) and was assigned to Company A, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division, Fort Lewis, WA.  

3.  On 31 December 2005, he was honorably released from active duty (REFRAD) after completion of required active service and transferred to the Illinois Army National Guard (ILARNG) for completion of his Reserve service obligation.  He completed 2 years, 6 months, and 1 day of net active service for this period and 1 year and 1 day of foreign service in Kuwait and Iraq from 
16 September 2004 through 16 September 2005.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded:

* National Defense Service Medal
* Army Service Ribbon
* Combat Infantryman Badge
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM)

4.  His DA Form 1059 shows he attended the WLC from 8 through 22 July 2006 and that he met all course requirements for graduation.

5.  His record is absent of any documentation to show his unit was attached to U.S. Marine Corps or that his unit was awarded the NUC.  A review of the Army Human Resources Command (AHRC) Unit Awards website, failed to reveal any orders awarding his unit the NUC. 

6.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  

7.  Department of the Army General Orders 2009-23 awarded the 1st Battalion, 5th Infantry Regiment, 25th Infantry Division the VUA for extraordinary heroism in action against an armed enemy of the United States for the period 5 January through 15 February 2005.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

   a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

   b.  The NPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.
   
   c.  The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  
   
9.  Army Regulation 600-8-22, paragraph 7-3 directs that Department of the Army General Orders be published for all awards approved by authorized commanders, other Service departments and foreign governments.

10.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the NUC was authorized by the Secretary of the Navy on 
18 December 1944.  It is awarded by the Secretary of the Navy to any unit of the U.S. Navy or the U.S. Marine Corps.  The NUC may be awarded to other units of the Armed Forces of the United States and of friendly foreign nations serving with the Armed Forces of the United States provide such unit meet the standards established by the Department of the Navy.
11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes 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 clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award for award of the AGCM, NPDR, and NUC was carefully considered. 

2.  His record shows he was honorably REFRAD after the completion of his required active service.  His record is also void of any disqualifying or derogatory information which would preclude award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (First Award), for his qualifying period of honorable active duty service from 30 June 2003 through 31 December 2005.  

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

4.  His 1 year and 1 day of service in Kuwait and Iraq qualify him for the OSR.  Therefore, he is entitled to add this ribbon to his DD Form 214. 
 
5.  The evidence of record shows he graduated the WLC on 22 July 2006, which was after he was REFRAD on 31 December 2005.  As a result, he is not entitled to this portion of the requested relief.  

6.  There is no evidence and he has not provided sufficient evidence such as a unit attachment order which shows his battalion was attached to the U.S. Marine Corps or general orders which show the Department of the Navy awarded the NUC to his unit for actions in Iraq.  Such an award would have had to be confirmed in Department of the Army General Orders and there is no evidence the 1st Battalion, 5th Infantry Regiment, 25th Infantry Division was awarded the NUC.  Therefore, he is not entitled to this unit 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:

   a.  awarding him the AGCM (First Award), for the period 30 June 2003 through 31 December 2005; and 
   
   b.  adding to item 13 of his DD Form 214:
   
* AGCM (First Award)
* VUA
* OSR

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 adding the NPDR and NUC 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)                                         AR20110008229





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ABCMR Record of Proceedings (cont)                                         AR20110008229



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