IN THE CASE OF:	  

		BOARD DATE:	  26 February 2014

		DOCKET NUMBER:  AR20130010909 


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:

* Meritorious Unit Commendation (MUC)
* Overseas Service Ribbon (OSR)
* Afghanistan Campaign Medal (ACM) with one bronze service star
* Joint Meritorious Unit Award (JMUA)

2.  He states the MUC, JMUA, and ACM were authorized after his active duty service had ended.  He is requesting the ACM in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) as he is not authorized to receive both medals.  He is entitled to the OSR for serving more than 9 months in Afghanistan.

3.  He provides:

* DD Form 214
* memorandum, subject:  MUC
* memorandum, subject:  Combined Forces Command-Afghanistan 
(CFC-A) Approved Awards
* excerpts from Army Regulation 600-8-22 (Military Awards)




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.  On 22 September 2000, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman).  

3.  His Enlisted Record Brief shows he was assigned to duty with Headquarters and Headquarters Company, 2nd Battalion, 87th Infantry Regiment, on 26 February 2001.  On a date not shown, he was assigned to Company C, 2nd Battalion, 87th Infantry Regiment.

4.  A memorandum, subject:  Separation under Army Regulation 635-200, Chapter 18, dated 1 December 2004, shows he was assigned to Company C, 2nd Battalion, 87th Infantry Regiment at the time.

5.  On 17 December 2004, he was honorably discharged.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Good Conduct Medal
* National Defense Service Medal
* GWOTEM
* Global War on Terrorism Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Multinational Force and Observers Medal
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
* Combat Infantryman Badge
* Expert Infantryman Badge
* Army Lapel Button

	b.  item 18 (Remarks), the statement "SERVICE IN AFGHANISTAN:  20030810-20040516."

6.  Department of the Army General Orders 2009-16, dated 16 December 2009, awarded the MUC to the 2nd Battalion, 87th Infantry Regiment, for the period 21 July 2003 to 20 May 2004.  

7.  He provides, in part, a memorandum, subject:  CFC-A Approved Awards, dated 22 January 2007, from the Director, CJ1, CFC-A.  The memorandum identifies unit and service-related awards for service members who were assigned to CFC-A in support of Operation Enduring Freedom during various qualifying periods.  It states, in part, that the JMUA was authorized for 30 days of service in theater during the period 1 February to 1 November 2004.

8.  The Department of Defense (DoD) has published a table identifying units awarded the JMUA and the corresponding periods for each award.  The table shows Headquarters, CFC-A, received the JMUA for the period 1 February to 1 November 2004.  The 87th Infantry Regiment is not listed in this table.

9.  Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005, in an area for which the ACM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ACM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns include Consolidation I (1 December 2001-30 September 2006).  

10.  Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours.  

11.  According to the Awards and Decorations Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DoD.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan get credit for a completed short tour.



DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was awarded the GWOTEM for his service in Afghanistan and served during one campaign.  He has requested that he now be awarded the ACM in lieu of the GWOTEM.  He is entitled to correction of his DD Form 214 by removing the GWOTEM and adding the ACM with one bronze service star. 

2.  He served in Afghanistan for 9 continuous months.  Therefore, he is entitled to correction of his DD Form 214 to show the OSR.

3.  He served in the 2nd Battalion, 87th Infantry Regiment, during a period for which the unit received the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.  

4.  He indicates he believes he is authorized the JMUA for service with CFC-A.  DoD records indicate the JMUA was awarded to Headquarters, CFC-A.  There is no evidence indicating the applicant was assigned to Headquarters, CFC-A, and there is no evidence that the JMUA was awarded to the 2nd Battalion, 87th Infantry Regiment.  Therefore, there is no basis for adding the JMUA to his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following deletion from and additions to item 13 of his DD Form 214:

	a.  delete the GWOTEM; and



	b.  add the: 

* ACM with one bronze service star
* OSR
* MUC

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the JMUA.  




      _____________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)                                         AR20130010909



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ABCMR Record of Proceedings (cont)                                         AR20130010909



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