BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130001390
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 Valorous Unit Award (2nd Award), and to remove the Presidential Unit Citation.
2. The applicant states the history of his unit does not show his unit was awarded the Presidential Unit Citation; however, the unit was awarded the Valorous Unit Award on two different occasions during his period of service.
3. The applicant provides information regarding the Valorous Unit Awards to include order numbers, periods of award, and dates issued.
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 1 August 2002. He was honorably released from active duty on 31 July 2006 after completing 4 years of active military service.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* U.S Army/U.S. Air Force Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Action Badge
4. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 11 April 2003 to 29 February 2004; and from 6 March 2005 to 17 February 2006.
5. His Army Military Human Resource Record contains two Army Commendation Medal certificates which show he was assigned to Dragon Company (Company D), Tiger Squadron, 3rd Armored Cavalry Regiment for the period 5 February 2003 to 1 July 2006.
6. Department of the Army General Orders 11, dated 2009, awarded the Valorous Unit Award to the 3rd Armored Cavalry Regiment for the period 25 April to 18 September 2003.
7. Department of the Army General Orders (pending) awarded the Valorous Unit Award to Company D, 3rd Armored Cavalry Regiment for the period 18 May to
23 September 2005.
8. The U.S. Army Human Resources Command (USAHRC) website for the Awards Branch does not show the 3rd Armored Cavalry Regiment was awarded the Presidential Unit Citation during the applicant's period of service.
9. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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 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. Approved campaigns include:
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant's unit in Iraq was awarded the Valorous Unit Award on two separate occasions when he was assigned to the unit; however only one award is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show a second Valorous Unit Award.
2. The available evidence shows that the applicant served in Iraq during two campaign periods for which he was awarded the Iraq Campaign Medal. Therefore, he is authorized to wear two bronze service stars on his already-awarded Iraq Campaign Medal.
3. The USAHRC website, the official source for unit awards and decorations, does not show his unit was awarded the Presidential Unit Citation during his period of service; therefore, this award should be removed from 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 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 the Valorous Unit Award and the Presidential Unit Citation from his DD Form 214;
b. adding the Valorous Unit Award (2nd Award); and
c. adding two bronze service stars to his already-awarded Iraq Campaign Medal.
_______ _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) AR20130001390
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