IN THE CASE OF:	  

		BOARD DATE:  4 October 2012

		DOCKET NUMBER:  AR20120006298 


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 Meritorious Unit Commendation (MUC), Valorous Unit Award (VUA), Iraq Campaign Medal (ICM), and Combat Infantryman Badge (CIB).

2.  The applicant states the CIB is not annotated on his DD Form 214 and the MUC, VUA, and ICM are awards that were recently issued to his unit for combat service.

3.  The applicant provides:

* orders for the MUC, VUA, and CIB
* 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 24 May 2001 for a period of 
3 years.  He completed his training and was awarded military occupational specialty 11B (infantryman).  On 15 June 2004, he was honorably released from active duty in the rank of specialist after completing 3 years and 22 days of creditable active service with no time lost.

3.  His DD Form 214:

* shows his last duty assignment and major command was Company B (Rifle), 1st Battalion, 12th Infantry
* does not show the MUC, VUA, ICM, or CIB as authorized awards
* shows the Global War on Terrorism Expeditionary Medal (GWOTEM) as an authorized award
* shows he served in Kuwait/Iraq from December 2001 to May 2002 and from April 2003 to April 2004

4.  Permanent Orders 187-19, Headquarters, 4th Infantry Division (Mechanized), Tikrit, Iraq, dated 6 July 2003, show he was awarded the CIB for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom during the period 25 April 2003 to 16 June 2003.

5.  General Orders 2009-32, Headquarters, Department of the Army, Washington, DC, dated 29 December 2009, show 1st Battalion, 12th Infantry, was awarded the VUA for extraordinary heroism while engaged in military operations during the period 20 April 2003 to 22 March 2004.

6.  Permanent Orders 182-16, U.S. Army Human Resources Command, Alexandria, VA, dated 1 July 2010, show 1st Battalion, 12th Infantry, was awarded the MUC for exceptionally meritorious service in support of Operation Iraqi Freedom during the period 1 May 2003 to 31 August 2003.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who served in direct support of Operation Iraqi Freedom.  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 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* 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)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.

10.  According to the U.S. Army Human Resources Command Awards Branch, 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour.  Rules 6 and 8 of table 3-2, Army Regulation 614-30 (Overseas Service), apply.

11.  Army Regulation 600-8-22 states the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the CIB.  His DD Form 214 should be corrected to show this badge.

2.  Orders show the applicant's unit was awarded the VUA and MUC.  His DD Form 214 should be corrected to show these unit awards.

3.  Based on his service in Kuwait/Iraq in 2001 to 2002, he was awarded the GWOTEM.  He is also eligible for award of the ICM with two bronze service stars for his service in Iraq during the period 2003 to 2004.  His DD Form 214 should be corrected to show the ICM with two bronze service stars.

4.  He served a qualifying period of service in Kuwait/Iraq for entitlement to the OSR.  Therefore, his DD Form 214 should be corrected to show this award.

5.  He was honorably released from active duty in the rank of specialist with over 3 years of total active service and no time lost.  He had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 24 May 2001 through 23 April 2004 based on completion of 3 years of active duty service.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X __  ____X___  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.  awarding him the first award of the Army Good Conduct Medal for the period 24 May 2001 through 23 May 2004; and
   
   b.  adding the Army Good Conduct Medal (1st Award), VUA, MUC, ICM with two bronze service stars, OSR, and CIB 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)                                         AR20120006298



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ABCMR Record of Proceedings (cont)                                         AR20120006298



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