IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130005032 


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:

* Bronze Star Medal
* Army Commendation Medal
* Meritorious Unit Commendation

2.  The applicant states the above awards were not presented to him at the time of separation and his DD Form 214 had already been issued by the time the awards were presented. 

3.  The applicant provides:

* Permanent Orders (PO) 075-248, awarding him the Bronze Star Medal
* PO Number 063-001, awarding him the Army Commendation Medal
* DA Form 638 (Recommendation for Award) 

4.  The applicant indicated that orders for award of the Meritorious Unit Commendation were enclosed but they were not received with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a Regular Army Field Artillery (FA) commissioned officer and executed an oath of office on 27 May 2006.
2.  He served in Iraq from 18 March 2008 to 17 March 2009.  He was assigned to A Battery, 4th Battalion, 42nd FA Regiment, 4th Infantry Division.  

3.  He also served in Afghanistan from 22 July 2010 to 15 March 2011.  He was assigned to Headquarters and Headquarters Battery, 4th Battalion, 42nd FA Regiment, 1st Brigade Combat Team. 

4.  He was honorably discharged on 1 September 2011.  His DD Form 214 shows he was awarded or authorized:

* Afghanistan Campaign Medal with campaign star
* Iraq Campaign Medal with two campaigns stars
* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Valorous Unit Award
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Armed Forces Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* North Atlantic Treaty Organization Medal
 
5.  His records contain and he provides:

   a.  A certificate, dated 16 March 2011, and DA Form 638, dated 14 March 2011, showing he was awarded the Bronze Star Medal for service from 30 July 2010 to 3 March 2011 by authority of PO Number 075-248, issued by Headquarters, Regional Command - South, Afghanistan. 

	b.  A certificate, dated 4 March 2011, showing he was awarded the Army Commendation Medal for meritorious service from 27 May 2006 to 1 September 2011 by authority of PO Number 063-001, issued by Headquarters, 1st Brigade Combat Team, Afghanistan. 

6.  His Officer Record Brief lists one award of the Bronze Star Medal and one award of the Army Commendation Medal.  

7.  His records do not contain PO awarding him a second award of the Bronze Star Medal or a second award of the Army Commendation Medal. 

8.  The Awards and Decorations Branch of the U.S. Army Human Resources Command shows the applicant's unit of assignment was awarded two awards of the Valorous Unit Award as indicated below; however, it does not show his unit was awarded the Meritorious Unit Commendation. 

	a.  Department of the Army General Orders (DAGO) Number 2009-11 awarded the 4th Battalion, 42nd FA the Valorous Unit Award for valor from 15 April 2003 to 15 March 2004.

	b.  DAGO Number (pending), dated (pending) awarded this unit a second award of the Valorous Unit Award for valor from 11 April 2008 to 6 March 2009. 

9.  The case analyst of record contacted the applicant several times by phone and email in an effort to obtain copies of PO related to his request; he indicated he would submit the missing documents but none were received. 

10.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	b.  The Meritorious Unit Commendation (previously called the Meritorious Service Unit Plaque) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after
1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  Only on rare occasions will a unit larger than a battalion qualify for award of this decoration.  Effective 1 March 1961, the Meritorious Unit Commendation was authorized for units and/or detachments for exceptionally meritorious conduct in performance of outstanding services for at least 6 continuous months in support of military operations.  Service(s), as used in this paragraph, is interpreted to relate to combat service support type activities and not to the type of activities performed by senior headquarters, combat, or combat support units.  Effective 11 September 2001, the Meritorious Unit Commendation is also authorized for combat arms and combat support units and/or detachments.



DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was awarded the Bronze Star Medal.  This award is already shown on his DD Form 214.  There are no orders in his records and he provides none to show he was awarded a second award. 

2.  The applicant provides and his records contain PO awarding him the Army Commendation Medal.  His DD Form 214 already shows two awards of the Army Commendation Medal.  It is unclear if the award he provides is one of the two listed on his DD Form 214 or if it is a third award.  In the absence of additional evidence, it cannot be ascertained if this award should be added to his DD Form 214. 

3.  His unit of assignment was not awarded the Meritorious Unit Commendation.  Therefore, there is insufficient evidence to add this award to his DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20130005032



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ABCMR Record of Proceedings (cont)                                         AR20130005032



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