IN THE CASE OF:	  

		BOARD DATE:  19 February 2014

		DOCKET NUMBER:  AR20130011599 


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 add the Army Achievement Medal and the Valorous Unit Award.

2.  The applicant states he served in Company A, 2nd Battalion, 3rd Infantry Regiment, 3rd Brigade (Stryker Brigade Combat Team (SBCT)), 2nd Infantry Division, Joint Base Lewis-McChord, WA from 2005 through 2010.  He also states: 

* Permanent Orders (PO) Number 230-03 awarded him the Army Achievement Medal
* His unit was awarded the Valorous Unit Award for service during Operation Iraqi Freedom

3.  The applicant provides DA Form 638 (Recommendation for Award) (front only), undated; and a certificate for award of the Army Achievement Medal, dated 18 August 2010.

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 21 July 2005 and held military occupational specialty 11B (Infantryman).  The highest rank/grade he attained while serving on active duty was corporal (CPL)/E-4.

3.  His record does not contain a DA Form 638, a certificate of award, or PO awarding or authorizing him award of the Army Achievement Medal.  Additionally, his record contains no mention of the Valorous Unit Award.

4.  PO Number 080-016, issued by Headquarters, 3rd Brigade, 2nd Infantry Division, Iraq, on 21 March 2007 awarded him the Army Commendation Medal for meritorious service while assigned to Headquarters Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Brigade, 2nd Infantry Division from 28 June to 2006 to 28 June 2007.

5.  PO Number 085-049, issued by Headquarters, 3rd Brigade, 2nd Infantry Division, Iraq, on 26 March 2010 awarded him the Army Commendation Medal (2nd Award) for meritorious service while assigned to Company A, 2nd Battalion, 3rd Infantry Regiment, 3rd Brigade, 2nd Infantry Division, Iraq from 8 August 2009 to 7 August 2010.

6.  He was honorably released from active duty on 10 September 2010.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) the:

* Iraq Campaign Medal with three campaign stars
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Infantryman Badge

	b.  item 18 (Remarks) that he served in Iraq from 19 June 2006 to 5 November 2007 and from 9 August 2009 to 3 June 2010.

7.  He provided the front of a DA Form 638 and a certificate for award of the Army Achievement Medal.  

	a.  The DA Form 638 shows he was recommended for award of the Army Achievement Medal due to his expiration term of service for the period of 
7 February 2006 through 10 September 2010.

	b.  The certificate for award of the Army Achievement Medal shows PO Number 230-03, issued by Headquarters, 3rd Brigade, 2nd Infantry Division, on 18 August 2010 awarded him the Army Achievement Medal for service from 7 February 2006 to 10 September 2010.

8.  PO Number 120-13, issued by the U.S. Army Army Human Resources Command, on 30 April 2009, awarded the Valorous Unit Award to Headquarters and Headquarters Company (HHC), 3rd Brigade Combat Team, 2nd Infantry Division for the period of 18 June 2007 to 1 August 2007.

9.  PO Number 025-13, issued by HRC on 25 January 2011, awarded the Meritorious Unit Commendation to Company A, 2nd Battalion, 3rd Infantry Regiment, 3rd Brigade, 2nd Infantry Division for the period of 7August 2009 to 27 July 2010.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Achievement Medal.  Therefore he is entitled to correction of his DD Form 214 to add this award.

2.  With respect to the Valorous Unit Award, PO awarded the Valorous Unit Award to HHC, 3rd Brigade Combat Team, 2nd Infantry Division for the period of 18 June 2007 to 1 August 2007.  The evidence of record shows he served in HHC, 2nd Battalion, 3rd Infantry Regiment, 3rd Brigade, 2nd Infantry Division, not in HHC, 3rd Brigade, 2nd Infantry Division.  Based on the foregoing, he is not entitled to correction of his DD Form 214 to add the Valorous Unit Award.

3.  However, PO did award the Meritorious Unit Commendation to Company A, 2nd Battalion, 3rd Infantry Regiment, 3rd Brigade, 2nd Infantry Division for the period of 7 August 2009 to 27 July 2010 and he was assigned to and serving in Iraq with this unit during the period of this award.  Therefore he is entitled to correction of his DD Form 214 to add this unit award.

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 adding the Army Achievement Medal and the Meritorious Unit Commendation to item 13 of his DD Form 214.

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 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)                                         AR20130011599





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ABCMR Record of Proceedings (cont)                                         AR20130011599



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