IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001371
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award.
2. The applicant states that he was given a copy of the orders for the Valorous Unit Award in 2008 so he could update his DD Form 214.
3. The applicant provides:
* DD Form 214
* Permanent orders for the Valorous Unit Award
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he enlisted in the Regular Army on 6 May 2002. He completed training and was awarded military occupational specialty 21B (Combat Engineer). He served in Kuwait and Iraq from 19 January through 18 July 2003 and from 28 January 2005 through 1 January 2006. He was assigned to the 3rd Battalion, 7th Infantry Regiment.
3. He was honorably released from active duty, in pay grade E-4, on 5 May 2006, and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 lists the following awards:
* Purple Heart
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* U.S. Army/U.S. Air Force Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Action Badge
* Parachutist Badge
* Iraq Campaign Medal
4. Permanent Orders Number 070-17 were issued by the U.S. Army Human Resources Command on 10 March 2008 citing award of the Valorous Unit Award to members of the 3rd Battalion, 7th Infantry Regiment, for the period 15 January 2005 to 14 January 2006.
5. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear with the Iraq Campaign Medal for participation in each credited campaign. During the applicant's period of service in Iraq he participated in the 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), and National Resolution (16 December 2005-9 January 2007) campaigns.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant's unit the Valorous Unit Award during his period of deployment from January 2005 to January 2006. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
2. The evidence of record shows during his deployments to Kuwait and Iraq he participated in four campaigns. Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Iraq Campaign Medal and to correction of his DD Form 214 to show these awards.
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:
a. deleting from the applicant's DD Form 214 the Iraq Campaign Medal; and
b. adding to his DD Form 214 the Valorous Unit Award and Iraq Campaign Medal with four bronze service stars.
_______ _ _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) AR20120001371
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ABCMR Record of Proceedings (cont) AR20120001371
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