IN THE CASE OF:	  

		BOARD DATE:  20 June 2013

		DOCKET NUMBER:  AR20120021357 


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
* Valorous Unit Award
* Iraq Campaign Medal

2.  The applicant states, in effect, the awards were not added to his DD Form 214.

3.  The applicant provides two memoranda 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 enlisted in the Regular Army on 14 August 2002.  He completed training and was awarded military occupational specialty (MOS) 13S (Field Artillery Surveyor).

3.  On 16 August 2004, while assigned to 1st Battalion, 27th Field Artillery Regiment, U.S. Army Europe, the applicant reenlisted for MOS 31B (Military Police).

4.  On 15 November 2006, he was honorably discharged due to disability with entitlement to severance pay in the rank/grade of specialist/E-4.  His DD Form 214 shows he completed 4 years, 1 month, and 2 days of creditable active service.  This form further shows in:

   a.  item 12f (Foreign Service), the entry "0002  03  07";

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Driver and Mechanic Badge with Mechanic Bar; and

	c.  item 18 (Remarks), "SERVICE IN IRAQ 20030106-20040804."

5.  General Orders 2009-14 issued by Headquarters, Department of the Army, dated 16 December 2009, awarded the Valorous Unit Award to 1st Battalion, 27th Field Artillery Regiment, for the period 7 March to 1 May 2003.

6.  General Orders 2009-13 issued by Headquarters, Department of the Army, dated 16 December 2009, awarded the Meritorious Unit Commendation to 1st Battalion, 27th Field Artillery Regiment, for the period 2 May 2003 through 31 March 2004.

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The area of eligibility (AOE) 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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During the applicant's tour of duty in Iraq, participation credit was awarded for three campaigns:  Liberation of Iraq (19 March through 1 May 2003), Transition of Iraq (2 May 2003 through 28 June 2004), and Iraqi Governance (29 June 2004 through 15 December 2005).

8.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of the Meritorious Unit Commendation, Valorous Unit Award, and Iraq Campaign Medal has been carefully considered and found to have merit.

2.  The evidence shows the applicant served in Iraq during the period 6 January 2003 through 4 August 2004.  The evidence also shows the applicant reenlisted on 16 August 2004 while assigned to the 1st Battalion, 27th Field Artillery Regiment.  It is reasonable to presume the applicant was assigned to the 1st Battalion, 27th Field Artillery Regiment, while in Iraq during the periods in question, justifying award of the Meritorious Unit Commendation and Valorous Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows he served a qualifying period of service for award of the Iraq Campaign Medal with three bronze service stars which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record also shows the applicant was assigned to a unit participating in designated operations for 30 consecutive days in the AOE for entitlement to award of the Global War on Terrorism Expeditionary Medal for the period 6 January 2003 through the day prior to the Liberation of Iraq campaign (18 March 2003).  Therefore, he is entitled to correction of his DD Form 214 to show this award.



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 the Iraq Campaign Medal with three bronze service stars, Global War on Terrorism Expeditionary Medal, Valorous Unit Award, and Meritorious Unit Commendation 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)                                         AR20120021357



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ABCMR Record of Proceedings (cont)                                         AR20120021357



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