IN THE CASE OF:
BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20120021634
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.
2. The applicant states he was discharged prior to his unit receiving recognition.
3. The applicant provides his DD Form 214 and two pages of Department of the Army Lineage and Honors information for the 40th Engineer Battalion.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 September 2006. He completed training and he was awarded military occupational specialty 21B (Combat Engineer).
2. Permanent Orders 302-006, issued by the 2nd Brigade Combat Team,
1st Armored Division, Forward Operating Base (FOB) Hammer, Iraq, dated
28 October 2008, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy on 1 July 2008, while assigned to Headquarters and Headquarters Company, 40th Engineer Battalion.
3. On 31 January 2010, he was honorably released from active duty for completion of required active service in the rank/grade of sergeant (SGT)/E-5. He was transferred to the U.S. Army Reserve (USAR) Control Group
(Reinforcement) to complete his remaining service obligation. He completed 3 years, 4 months, and 10 days of creditable active service. The DD Form 214 he was issued at the time shows in:
a. Item 8a (Last Duty Assignment and Major Command) he was assigned to Headquarters and Headquarters Company, 40th Engineer Battalion;
b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Action Badge
c. Item 18 (Remarks) "SERVICE IN IRAQ 20080405 - 20090522"
4. Permanent Orders 194-05, issued by U.S. Army Human Resources Command (HRC), dated 13 July 2009, awarded several units, including Headquarters and Headquarters Company, 40th Engineer Battalion, the Meritorious Unit Commendation for meritorious service in support of Operation Iraqi Freedom (OIF) for the period 1 April 2008 to 27 May 2009.
5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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 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 he participated in the following two campaigns:
* Iraqi Surge (10 January 2007 through 31 December 2008)
* Iraqi Sovereignty (1 January 2009 through 31 August 2010)
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the Meritorious Unit Commendation has been carefully considered and found to have merit.
2. Evidence shows the applicant's unit in Iraq was cited for award of the Meritorious Unit Commendation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
3. His DD Form 214 currently shows the Iraq Campaign with one campaign (bronze service) star. However, evidence shows he participated in two campaigns during his service in Iraq. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 to show these bronze service stars.
4. In view of the foregoing, the applicant's record should be corrected as recommended below.
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 the Iraq Campaign Medal with campaign star, and
b. adding to his DD Form 214 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.
ABCMR Record of Proceedings (cont) AR20120021634
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ABCMR Record of Proceedings (cont) AR20120021634
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