IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120020375 


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 Army Commendation Medal (3rd Award), the Valorous Unit Award (VUA), and the Iraq Campaign Medal (ICM) with two campaign stars.

2.  He states these awards were published after he left active duty.

3.  He provides:

* three DA Forms 638 (Recommendation for Award)
* Orders Number 022-301 with personnel roster, dated 22 January 2002
* Memorandum for Record, dated 25 March 2004
* email correspondence, dated 13 August 2009
* U.S. Army Human Resources Command (HRC), Military Award Branch internet printout

CONSIDERATION OF EVIDENCE:

1.  On 20 June 2000, the applicant enlisted in the Regular Army and served as a 13M (Multiple Launch Rocket System Crewmember).

2.  His record contains two award certificates which show:

	a.  Permanent Order Number 04-323-03, dated 18 November 2004, awarded him the ARCOM for meritorious achievement while assigned to A Battery, 2nd Battalion, 4th Field Artillery, for the period 13 to 15 October 2004; and

	b.  Permanent Order Number 095-01, dated 4 April 2005, awarded him the ARCOM for extraordinary service while assigned to the same organization from 16 November 2001 to 4 April 2005.

3.  On 19 June 2005, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR).  He completed 5 years of net active service with 3 months and 25 days of foreign service.  He was discharged from the USAR on 10 June 2008.

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 ARCOM (2nd Award), the Global War on Terrorism Expeditionary Medal (GWOTEM), and the Global War of Terrorism Service Medal (GWOTSM)
* item 13 does not show award of the ICM or the VUA
* item 18 (Remarks) he served in Iraq from 21 February 2003 to 15 June 2003

5.  Department of the Army General Orders (DAGO) Number 2009-14, dated 
16 December 2009, announced the award of the VUA to 2nd Battalion, 4th Field Artillery Regiment for extraordinary heroism while engaged in military operation exceptionally meritorious service for the period 19 March 2003 to 1 June 2003.

6.  He provides:

	a.  Three approved ARCOM award recommendations.  His ARCOM for the period 16 November 2001 to 4 April 2005 which was awarded upon his expiration term of service (ETS) is not filed in his Army Military Human Resource Record (AMHRR).

	b.  Temporary Change of Station orders with associated personnel manifest.  The applicant's name is shown on the list of personnel assigned to support Battery A, 2nd Battalion, 4th Field Artillery in support of Operation Enduring Freedom.

	c.  A memorandum, dated 25 March 2004, issued by Headquarters and Headquarters Service Battery, 2nd Battalion, 4th Field Artillery, Fort Sill, OK, which awarded members of this unit the GWOTEM.  The memorandum stated that the attached roster identified the members of the unit who deployed to Kuwait in February 2003 and participated in Operation Iraqi Freedom in Iraq redeploying in June 2003.  There is no attached roster with this memorandum.

	d.  An email, dated 13 August 2009, in which the applicant contacted a fellow Soldier to inquire if the 2nd Battalion, 4th Field Artillery was authorized additional awards.  The fellow Soldier's name is listed on the personnel manifest provided by the applicant and he is currently serving as the executive officer for B Battery, 1st Battalion, 40th Field Artillery.  He informed the applicant that the unit was awarded the VUA, ICM with two campaign stars, the GWOTEM, and the GWOTSM.  He further stated, "We arrived in Kuwait under Operation Enduring Freedom orders and was in [sic] 'Kuwait from 18 February 2009 to 20 March 2009.'"  (The analyst determined the email incorrectly listed the year of his deployment as "2009" because there is no evidence the applicant was deployed after he separated from active duty in 2005 or during his service in the USAR which ended on 10 June 2008; therefore, it would be impossible for him to deploy in 2009.  With the exception of the year the response corroborates the memorandum listed in paragraph 6b of this Report of Proceedings.)

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:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the ARCOM (3rd Award), the VUA, and the ICM with two campaign stars.

2.  Permanent orders awarded him a third ARCOM for the period 16 November 2001 to 4 April 2005.

3.  The evidence of record shows he served in Iraq from 21 February 2003 through 15 June 2003 and he was awarded the GWOTEM and GWOTSM.  However, the applicant provided an email from a fellow Soldier who states his unit was assigned to Kuwait from 18 February - 20 March 2003 (31 days) prior to transferring into Iraq and a memorandum that confirms the unit was assigned to both Kuwait and Iraq.  Based on a preponderance of the evidence he is authorized the ICM for his service in Iraq from 21 March 2003 to 7 May 2003.  Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, he is entitled to award of two bronze service stars with the Iraq Campaign Medal.

4.  General orders awarded his unit the VUA during his period of assignment.

5.  In view of the above, his request should be granted to add these awards to his DD Form 214.

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 adding to his DD Form 214 the:

* Army Commendation Medal (3rd Award)
* Iraq Campaign Medal with two bronze service stars
* Valorous Unit Award



      ______________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)                                         AR20120020375



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ABCMR Record of Proceedings (cont)                                         AR20120020375



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