IN THE CASE OF:	  

		BOARD DATE:	  25 July 2013

		DOCKET NUMBER:  AR20130000309 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Navy Unit Commendation.

2.  The applicant states he was honorably discharged before the Navy Unit Commendation was approved.

3.  The applicant provides:

* Memorandum issued by the U.S. Army Human Resources command (HRC), subject:  Army Concurrence for the I Marine Expeditionary Force Navy Unit Commendation, dated 5 March 2010
* DA Form 638 (Recommendation for Award) of the Bronze Star Medal with narrative
* Army Commendation Medal Certificate

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 30 October 2001.  He completed training and he was awarded military occupational specialty 11B (Infantryman).  He served in Kuwait/Iraq from 3 March 2003 to 2 March 2004.

3.  On 16 April 2005, he was assigned to B Company, 1st Battalion, 506th Infantry Regiment.  He again served in Kuwait/Iraq from 21 November 2005 to 16 November 2006.

4.  He provides:

	a.  A DA Form 638, dated 2 November 2006, recommending him for award of the Bronze Star Medal.  The form shows the award was downgraded to and approved for an Army Commendation Medal by Permanent Orders Number
306-008, issued by Headquarters, Multi-National Corps – Iraq, dated 3 November 2006.

	b.  A narrative for the Bronze Star Medal that stated the applicant distinguished himself by exceptionally meritorious conduct in the performance of outstanding service to the United States as a Squad Leader for the 3rd Platoon, B Company,
1st Battalion, 506th Infantry Regiment, 101st Airborne Division, Ramadi, Iraq, from 21 November 2005 to 17 November 2006 during Operation Iraqi Freedom (OIF).

	c.  A certificate for award of the Army Commendation Medal for exceptionally meritorious service during OIF from 27 November 2005 to 15 November 2006.

	d.  A memorandum for award of the Navy Unit Commendation to the
1st Battalion, 506th Infantry Regiment, for the period 28 February 2006 to 9 February 2007. 

5.  On 29 October 2007, he was honorably released from active duty at the completion of required active service.  He was transferred to a Reserve unit to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* 
Meritorious Unit Commendation
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Infantryman Badge
* Expert Infantryman Badge
* Air Assault Badge
* Driver and Mechanic Badge with Driver-W Bar

6.  On 30 October 2007, he enlisted in the Pennsylvania Army National Guard.  He was honorably discharged on 29 October 2008.

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least
30 consecutive days of the period cited.

8.  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.  Evidence shows the applicant participated in the following four campaigns:

* 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)

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he served in a unit at the time it was cited for award of the Navy Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant served two tours of duty in Kuwait/Iraq and participated in a total of four campaigns that entitles him to four bronze service stars for wear on his already was awarded the Iraq Campaign Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

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, and

	b.  adding to his DD Form 214 the:

* Iraq Campaign Medal with four bronze service stars
* Navy 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)                                         AR20130000309



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ABCMR Record of Proceedings (cont)                                         AR20130000309



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