IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003912
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 Meritorious Unit Commendation (MUC) and the Iraq Campaign Medal (ICM) with two campaign stars.
2. He states orders for the MUC were not published until after he left active duty. He further states the inclusive dates for Operation Iraqi Freedom (OIF) campaigns were changed and new campaigns were introduced after he left active duty. His service in Iraq now coincides with two campaigns.
3. He provides:
* A Memorandum for Record, issued by 1st Battalion, 5th Cavalry Regiment, Iraq, subject: Statement of Wartime Service, dated
6 November 2007
* A Memorandum for Record issued by Headquarters and Headquarters Company (HHC), 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, Iraq, dated 1 December 2009
* Permanent Orders 167-02, issued by the U.S. Army Human Resources Command (HRC), Alexandria, VA, dated 16 June 2010
CONSIDERATION OF EVIDENCE:
1. On 1 March 2006, the applicant enlisted in the Regular Army for Officer Candidate School (OCS). His record shows he completed OCS and, on 24 August 2006, he was appointed as a second lieutenant (2LT)/O-1 in the Infantry Branch and entered active duty.
2. His DA Form 67-9 (Officer Evaluation Report (OER)) for the period ending 1 March 2009 shows he was assigned to Company D, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division. The OER shows he was deployed with his unit in Iraq at the time.
3. On 17 March 2010, he was honorably released from active duty and he was transferred to the 71st Theatre Information Operations Group (TIOG), Texas Army National Guard (TXARNG), where he currently serves. He completed
3 years, 6 months, and 24 days of net active service this period and 5 months and 23 days of prior active service, for a total of 4 years and 17 days of creditable active service.
4. The DD Form 214 for this period of service shows in:
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), among other awards the ICM with campaign star, but not the MUC, as an authorized award.
* item 18 (Remarks) he served in Iraq from 8 July 2007 to 21 January 2008 and from 8 January 2009 to 8 December 2009
5. Permanent Orders 167-02, dated 16 June 2010, announced the award of the MUC to several units for exceptionally meritorious service for the period
8 February to 5 December 2009. The list of units included HHC and Companies A through E of 1st Battalion, 5th Cavalry Regiment.
6. He provides two memoranda for record verifying he was deployed to Iraq as a member of:
* Company B, 1st Battalion, 5th Cavalry Regiment from 10 July 2007 to 10 January 2008
* HHC, 1st Battalion, 5th Cavalry Regiment, from 8 January 2009 to 8 December 2010 (the year appears to be an error as the memorandum is dated 1 December 2009)
7. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of OIF. The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area
out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The ICM period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star (also called campaign star) is authorized for wear with this medal for participation in each credited campaign. During his service in Iraq, the applicant participated in the following two campaigns:
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant participated in two campaigns during his service in Iraq. Therefore, his is entitled to two bronze service stars for wear on his already-awarded ICM and correction of his DD Form 214 for the period ending 17 March 2010 to show these bronze service stars.
2. The evidence of record shows the applicant was assigned to a unit during a period for which the unit was cited for award of the MUC. Therefore, his DD Form 214 for the period ending 17 March 2010 should be corrected to show this unit award.
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 his DD Form 214 for the period ending 17 March 2010 the Iraq Campaign Medal with Campaign Star and
b. adding to his DD Form 214 for the period ending 17 March 2010 the:
* Iraq Campaign Medal with two bronze service stars
* 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.
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