BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022172
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) for the period ending 17 October 2009 to show award of the Presidential Unit Citation (PUC) and Meritorious Unit Commendation (MUC).
2. The applicant states the awards were approved after he was released from active duty.
3. The applicant provides:
* award orders for the PUC and MUC
* deployment orders
* DD Forms 214 for the periods ending 16 March 2008 and 17 October 2009
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 17 March 2004. He served as a cavalry scout in Iraq from 8 August 2006 through 25 October 2007. He participated in two campaigns during this assignment in Iraq.
3. Permanent Orders 206-07, 5th Squadron, 73d Cavalry (Airborne Reconnaissance), 3d Brigade Combat Team, 82d Airborne Division, dated 25 July 2007, show he was awarded the Driver and Mechanic Badge with
Driver-W Bar for the period 9 August 2006 to 25 July 2007. These orders show he was assigned to Troop A, 5th Squadron, 73d Cavalry Regiment, 82d Airborne Division, Forward Operating Base Caldwell, Iraq.
4. On 16 March 2008, he was released from active duty for completion of required active service.
5. His DD Form 214 for the period ending 16 March 2008 does not show the PUC or MUC as authorized awards.
6. He provides Permanent Orders 204-11, U.S. Army Human Resources Command, dated 22 July 2008, which show Troop A, 5th Squadron, 73d Cavalry Regiment, was awarded the MUC for exceptionally meritorious service during the period 9 August 2006 to 22 October 2007.
7. He enlisted in the Army National Guard on 6 March 2008. He was ordered to active duty as a member of the Army National Guard on 18 August 2008 in support of Operation Iraqi Freedom. He served in Iraq from 26 October 2008 to 4 August 2009. He participated in two campaigns during this assignment in Iraq. On 17 October 2009, he was released from active duty.
8. His DD Form 214 for the period ending 17 October 2009 does not show the PUC or MUC as authorized awards. It does show award of the Iraq Campaign Medal (ICM) with one bronze service star.
9. He provides Permanent Orders 132-09, U.S. Army Human Resources Command, dated 12 May 2010, which show Troop A, 5th Squadron, 73d Cavalry Regiment, was awarded the PUC for extraordinary heroism in action during the period 12 November 2006 to 14 January 2007.
10. Army Regulation 600-8-22 (Military Awards) states the ICM 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 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)
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant's unit was awarded the PUC and MUC during his assignment. Therefore, his DD Form 214 for the period ending 17 October 2009 should be corrected to show these unit awards.
2. His DD Form 214 for the period ending 17 October 2009 shows the ICM with one bronze service star. However, based on his service in Iraq during his two tours and participation in four campaigns, he is authorized award of the ICM with four bronze service stars. Therefore, this DD Form 214 should be corrected to show four bronze service stars with his previously-awarded ICM.
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:
a. deleting award of the ICM with one bronze service star from his DD Form 214 for the period ending 17 October 2009 and
b. adding award of the ICM with four bronze service stars, PUC, and MUC to his DD Form 214 for the period ending 17 October 2009.
___________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) AR20120022172
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ABCMR Record of Proceedings (cont) AR20120022172
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