IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130008421 


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), ending on 28 November 2006, to show award of the Valorous Unit Award. 

2.  The applicant states the award was received post discharge.  He was assigned to the 16th Signal Battalion, 3rd Armored Cavalry, from 25 April 2003 through 18 September 2003.

3.  The applicant provides a copy of his Officer Record Brief, 2006 DD Form 214, and Department of Army General Orders (DAGO) Number 2009-11.

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 was appointed in the U.S. Army Reserve, as a warrant officer one, on 7 August 2002.  He completed training and was awarded military occupational specialty (MOS) 98B (electronic systems maintenance technician).  He entered active duty on 10 January 2002 in support of Operation Noble Eagle. He was released from active duty on 11 January 2003.  His DD Form 214 lists the:

* Meritorious Service Medal
* Army Achievement Medal
* Navy Meritorious Unit Commendation (2nd Award)
* U.S. Navy “E” Ribbon (3rd Award)
* Navy Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Humanitarian Service Medal
* Armed Forces Reserve Medal with “M” Device
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Navy and Marine Corps Expeditionary Medal
* Parachutist Badge
* Canadian Parachutist Badge

3.  He was appointed in the Regular Army, as a chief warrant officer two, on 12 January 2003.  He served in Iraq from 6 April 2003 through 9 January 2004 and from 22 August 2005 through 22 July 2006, during two campaigns.  

4.  His records contain an Officer Evaluation Report for the period 7 June 2003 through 6 June 2004 which shows he was assigned to Headquarters and Headquarters Company, 16th Signal Battalion, in MOS 98B, in support of Operation Iraqi Freedom.

5.  He provided a copy of his Officer Record Brief which shows he was assigned to Headquarters and Headquarters Company, Signal Corps Battalion, 3rd Armored Cavalry Regiment, in Iraq, from 6 April 2003 through 8 January 2004.

6.  He was discharged on 28 November 2006, by reason of disability with severance pay.  His DD Form 214 lists the:

* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Navy Meritorious Unit Commendation (2nd Award)
* U.S. Navy “E” Ribbon (3rd Award)
* Navy Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* U.S. Navy and U.S. Marine Corps Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2
* Army Service Ribbon
* Armed Forces Reserve Medal with “M” Device
* Parachutist Badge
* Canadian Parachutist Badge

7.  He also provided a copy of DAGO Number 2009-11, issued by Headquarters, Department of the Army, on 16 December 2009, awarding the Valorous Unit Award to units, which included the 16th Signal Battalion, attached to the 3rd Armored Cavalry, for the period 25 April 2003 through 18 September 2003.  He highlighted the “16th Signal Battalion” to indicate he was assigned to this unit.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.
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.  The evidence of record shows the applicant served a qualifying period of service with the 16th Signal Battalion for award of the Valorous Unit Award.  Therefore, he is entitled to this award and its addition to his DD Form 214.

2.  The evidence shows he served in Iraq during two campaigns.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Iraq Campaign Medal.  His 2006 DD Form 214 should be corrected to show these 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:

* deleting from the applicant's DD Form 214, ending on 26 November 2006, the Iraq Campaign Medal
* adding to this DD Form 214 the Iraq Campaign Medal with two bronze service stars and Valorous Unit Award



      _______ _  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)                                         AR20130008421





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ABCMR Record of Proceedings (cont)                                         AR20130008421



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