IN THE CASE OF:	  

		BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120009689 


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 and the Iraq Campaign Medal.

2.  He states:

	a.  He was assigned to Landstuhl Regional Medical Center from 20 August 2001 to 16 April 2003 and from 24 August 2004 to 30 June 2005.  This unit was awarded the Meritorious Unit Commendation for the period 12 September 2003 to 1 December 2004.

	b.  The Meritorious Unit Commendation is not reflected on his DD Form 214.

	c.  He believes he was accidentally authorized a second Joint Meritorious Unit Award instead of the Meritorious Unit Commendation.

3.  He provides his DD Form 214, three DA Forms 67-9 (Officer Evaluation Report), Officer Record Brief, deployment and revocation orders, Bronze Star Medal Certificate, two DA Forms 638 (Recommendation for Award), and a Meritorious Unit Commendation Citation.

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 was appointed as a Reserve commissioned officer on 9 August 1994.  He was ordered to active duty on 12 June 1998.

3.  His DD Form 214 indicates he served in Kosovo from 25 June to 1 October 2002 and in Iraq from 10 May 2004 to 10 July 2005.

4.  He provided an undated citation which indicates the Secretary of the Army awarded the Meritorious Unit Commendation to the Landstuhl Regional Medical Center for outstanding meritorious performance during the period 12 September 2003 to 1 December 2004.

5.  He provided three officer evaluation reports which show he was rated as:

	a.  the Battalion Surgeon from 17 April 2003 through 16 April 2004 and from 17 April 2004 through 1 August 2004 while deployed in support of Operation Iraqi Freedom with Headquarters and Headquarters Company, 1st Battalion, 36th Infantry Regiment, 1st Armored Division; and

	b.  an emergency physician at the Landstuhl Regional Medical Center in Germany from 2 August 2004 through 22 May 2005.

6.  He also provided the following documents:

	a.  Orders 101-7, dated 11 April 2003, which show he was assigned to the 1st Battalion, 36th Infantry Regiment, and was deployed in support of Operation Iraqi Freedom for no more than 361 days with a proceeding date of 17 April 2003;

	b.  a DA Form 638, dated 23 December 2003, and a Bronze Star Medal Certificate, dated 25 January 2004, which show he was awarded the Bronze Star Medal for meritorious service while serving as the Battalion Surgeon for the 1st Battalion, 36th Infantry Regiment, in support of Operation Iraqi Freedom from 11 May 2003 to 10 May 2004;

	c.  Orders 112-6, dated 21 April 2004, which show he was reassigned to the U.S. Central Command area of responsibility for continued support to Operation Enduring Freedom (Operation Iraqi Freedom) effective 26 April 2003 to 30 September 2004;

	d.  a DA Form 638, dated 12 June 2004, which shows he was awarded the Army Commendation Medal for exceptional service during Operation Iron Sabre in support of Operation Iraqi Freedom from 15 April to 15 July 2004; and

	e.  His Officer Record Brief, dated 8 June 2005, shows one award of the Joint Meritorious Unit Award and one award of the Meritorious Unit Commendation.  He was assigned to Landstuhl Regional Medical Center during the periods 20 August 2001 to 16 April 2003 and 24 August 2005 to 30 June 2005.

7.  On 30 June 2005, he was honorably released from active duty at the completion of his required active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows, in part, he was authorized the Joint Meritorious Unit Award (2nd Award) and the Global War on Terrorism Expeditionary Medal but not the Meritorious Unit Commendation.

8.  His service record indicates he tendered his unqualified resignation as a Reserve of the Army officer under the provisions of Army Regulation 135-175 (Army National Guard and Army Reserve Separation of Officers), chapter 6.  Orders issued on 22 November 2006 show he was discharged from the U.S. Army Reserve effective 22 November 2006.

9.  A review of the U.S. Army Human Resources Command Awards and Decorations Branch unit awards database revealed the U.S. Army Landstuhl Regional Medical Center:

	a.  was cited for award the Meritorious Unit Commendation for the period 12 September 2003 to 1 December 2004 in Department of the Army General Orders 2009-08.

	b.  was not cited for any awards of the Joint Meritorious Unit Award.

10.  On 19 June 2012, a member of the Board's staff contacted the applicant to inform him that by regulation, both the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal could not be awarded for the same period of service in Iraq and Kuwait that he would have to elect only one of these awards for his Iraq service.  The applicant responded on 26 June 2012 and stated he preferred award of the Iraq Campaign Medal.

11.  Information obtained from the Defense Finance and Accounting Service revealed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 11 May 2003 to 10 July 2004.

12.  In an email, dated 21 June 2012, the applicant informed a member of the Board's staff that he had back-to-back deployments.  He stated his entire unit relocated without leaving and they had to get two evaluations, one for each deployment.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

	b.  The Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any Department of Defense activity which has received any other unit award for the same achievement or period of service.

	c.  The Iraq Campaign Medal is awarded to members of the Armed Forces 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 Iraq Campaign Medal 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)

	d.  Service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 reflects the Joint Meritorious Unit Award (2nd Award); however, his Officer Record Brief reflects one award of the Joint Meritorious Unit Award.  His service record is void of evidence which indicates he was authorized a second Joint Meritorious Unit Award.  In addition, the Military Awards Branch unit awards database does not indicate the Landstuhl Regional Medical Center was cited for any awards of the Joint Meritorious Unit Award.

2.  Department of the Army General Orders awarded the Landstuhl Regional Medical Center the Meritorious Unit Commendation for service during the period 12 September 2003 to 1 December 2004 in support of Operations Enduring Freedom and Iraqi Freedom.  The evidence of record indicates he was assigned to this medical center during this period.  Therefore, he is eligible for the Meritorious Unit Commendation and correction of his DD Form 214 to show this award.

3.  He states he believes he was accidentally authorized a second Joint Meritorious Unit Award instead of the Meritorious Unit Commendation.

4.  It appears the Joint Meritorious Unit Award (2nd Award) was erroneously recorded on his DD Form 214.  Therefore, it would be appropriate to delete this entry from his DD Form 214 and replace it with the Joint Meritorious Unit Award.

5.  His DD Form 214 shows he served in Iraq from 10 May 2004 to 10 July 2005.  In addition, his military pay records indicate he was deployed to Kuwait from 11 May 2003 to 10 July 2004.

6.  In an email to a Board staff member, he states his unit was deployed back to back and his entire unit relocated without leaving.  Based on this evidence, it would be appropriate to amend his DD Form 214 to include his combined period of service in Kuwait/Iraq from 11 May 2003 to 10 July 2005.

7.  Based on his service in Kuwait/Iraq, he is eligible for award of the GWOTEM and Iraq Campaign Medal with two bronze service stars.  However, regulatory guidance precludes receipt of both the GWOTEM and Iraq Campaign Medal for the same act, achievement, or period of service.

8.  He was informed by email that he would have to elect award of the GWOTEM or the Iraq Campaign Medal.  He elected award of the Iraq Campaign Medal.  Therefore, his DD Form 214 should be amended to show award of the Iraq Campaign Medal with two bronze service stars.

9.  In addition, it would be appropriate to amend item 18 of his DD Form 214 to show he served in Kuwait/Iraq from 11 May 2003 to 10 July 2005.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the Joint Meritorious Unit Award (2nd Award) from item 13;

	b.  deleting the entry "SERVICE IN IRAQ – 20040510 TO 20050710" from item 18;

	c.  adding the Joint Meritorious Unit Award, Meritorious Unit Commendation, and Iraq Campaign Medal with two bronze service stars to item 13; and

	d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030511-20050710" to item 18.



      ____________x_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120009689



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ABCMR Record of Proceedings (cont)                                         AR20120009689



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