IN THE CASE OF:	  

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003075 


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 award of the Legion of Merit, Valorous Unit Award, and Iraq Campaign Medal with five campaign stars.

2.  The applicant states the awards were all approved subsequent to the date he retired from active duty.  As a result, they are not recorded on his DD Form 214.

3.  The applicant provides copies of the award documents and 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 had prior honorable enlisted service in the Regular Army from 10 June 1986 through 10 April 1995.

3.  The applicant was appointed as a Reserve warrant officer with concurrent call to active duty on 11 April 1995 and awarded primary specialty 915E (Senior Automotive Maintenance).  He was promoted to the rank of chief warrant 
officer four on 1 September 2006.

4.  An officer evaluation report covering the period 13 May 2007 through 12 May 2008 shows the applicant performed the principal duty of support automotive maintenance officer while assigned to Company E, 26th Support Battalion, Camp Liberty, Iraq.

5.  The applicant's DD Form 214 shows he was honorably retired from active duty on 31 October 2008.  He completed 22 years, 4 months, and 21 days of active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the "Iraq Campaign Medal Campaign Star."  The Legion of Merit and Valorous Unit Award are not listed.

	b.  Item 18 (Remarks) shows he served in:

* Kuwait from 27 January to 26 July 1999
* Iraq from:

* 11 January to 28 August 2003
* 15 January 2005 to 11 January 2006
* 27 April 2007 to 8 July 2008

6.  In support of his application, he provides the following documents:

	a.  A DA Form 638 (Recommendation for Award) and DA Form 4980-11 (Legion of Merit Certificate) shows Headquarters, U.S. Army Forces Command, Fort McPherson, GA, Permanent Order Number 30-2, dated 30 January 2009, awarded him the Legion of Merit for exceptionally meritorious service from 1 November 1998 to 31 October 2008.

	b.  U.S. Army Human Resources Command, Alexandria, VA, Permanent Orders 041-15, dated 10 February 2009, awarded the Valorous Unit Award to Company E, 26th Support Battalion, for extraordinary heroism in action against an armed enemy during the period 15 June 2007 to 7 July 2008.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Iraq Campaign Medal is authorized for award to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.

	a.  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  Appendix B shows that during the applicant's periods of service in Iraq, participation credit was awarded for the following campaigns:

* 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)

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Legion of Merit, Valorous Unit Award, and Iraq Campaign Medal with five bronze service stars.

2.  Permanent orders awarded the applicant the Legion of Merit and his unit the Valorous Unit Award.

3.  The applicant's DD Form 214 shows he was authorized the Iraq Campaign Medal with a campaign star.  The evidence of record shows he served in Iraq during five campaigns.  Thus, his DD Form 214 should be corrected to show one silver service star (or five bronze service stars) for wear on his already-awarded Iraq Campaign Medal.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

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:

	a.  deleting the "Iraq Campaign Medal Campaign Star" from his DD Form 214 for the period ending 31 October 2008 and

	b.  adding the following awards to his DD Form 214 for the period ending 
31 October 2008:

* Legion of Merit
* Valorous Unit Award
* Iraq Campaign Medal with one silver service star



      ___________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)                                         AR20120003075



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ABCMR Record of Proceedings (cont)                                         AR20120003075



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