BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130013327
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Meritorious Unit Commendation.
2. The applicant states, in effect, Permanent Orders (PO) Number 202-25, issued by the U.S. Army Human Resources Command (HRC) on 21 July 2009 awarded her unit, the 801st Battalion Support Battalion, 101st Airborne Division, the Meritorious Unit Commendation. She served with Headquarters and Headquarters Company and A Company, 801st Support Battalion, 101st Airborne Division. She was deployed with her unit during the period covered by the award.
3. The applicant provides PO Number 202-25, dated 21 July 2009.
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 8 January 2004 and held military occupational specialty 74D (Chemical Operations Specialist). The highest rank/grade she attained while serving on active duty was specialist/E-4.
3. Her record contains a certificate which shows PO Number 228-2, issued by the 801st Brigade Support Battalion, 101st Airborne Division, Iraq, on 17 August 2006 awarded her the Army Achievement Medal for service from 15 May 2005 to 19 November 2006. This certificate also shows she was assigned to Headquarters and Headquarters Company, 801st Brigade Support Battalion.
4. PO Number 202-25, issued by the HRC on 21 July 2009, awarded the 801st Support Battalion (except F Company), the Meritorious Unit Commendation for the period 29 November 2005 to 31 October 2006.
5. On 4 May 2007, she was discharged under honorable conditions (general). Her DD Form 214 shows she was assigned to Headquarters and Support Company, 801st Support Battalion, Fort Campbell, KY at the time of her discharge. This form also confirms she served in Iraq from 20 May 2006 to
12 November 2006 and was awarded or authorized the:
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
6. 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 (OIF). 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 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. PO awarded the applicant's unit the Meritorious Unit Commendation during her period of service; therefore, she is entitled to correction of her DD Form 214 to add this award.
2. Additionally, she served in one campaign during her service in Iraq. Therefore, she is entitled to correction of her DD Form 214 to show one bronze service star affixed to her previously-awarded Iraq Campaign Medal.
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 adding to her DD Form 214 the Meritorious Unit Commendation and one bronze service star to be affixed to her previously-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) AR20130013327
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