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ARMY | BCMR | CY2013 | 20130017026
Original file (20130017026.txt) Auto-classification: Approved

		

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130017026 


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, in two separate applications, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Presidential Unit Citation (PUC) and the Meritorious Unit Commendation (MUC).

2.  The applicant states 

* The PUC was awarded to his unit in Iraq on 29 August 2012
* His unit was Task Force, 1st Battalion, 26th Infantry, from 5 November 2006 to 14 May 2007
* His unit recently received MUC
* He earned the MUC after his discharge and it is not shown in his record 

3.  The applicant provides:

* Permanent Order 219-11, dated 6 August 2012
* Permanent Order Number 070-32, dated 11 March 2007 (two copies)
* DD Form 214, dated 22 July 2008
* DA Form 7594 (Unit Award Recommendation), dated 23 March 2007

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 9 June 2005.  He completed training as an infantryman.

2.  On 16 November 2005, Permanent Orders 320-3201 were published awarding him the Parachutist Badge.

3.  The applicant deployed from Germany and he arrived in Iraq on 5 August 2006.  He was assigned to Company C, Task Force, 1st Battalion, 26th Infantry Regiment, 2nd Brigade Combat Team, 1st Infantry Division.  He participated in the National Resolution Campaign.

4.  On 21 October 2007, the applicant departed Iraq en-route to Germany.  He was honorably released from active duty (REFRAD) on 22 July 2008.

5.  His DD Form 214 shows the following awards:

* Iraq Campaign Medal
* Purple Heart
* Army Commendation Medal (Second Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (Second Award)
* Combat Infantryman Badge

6.  The applicant's DD Form 214 does not show the PUC, the MUC or the Parachutist Badge.

7.  The applicant provides a copy of Permanent Order 219-11 showing that on 6 August 2012, the 1st Battalion, 26th Infantry, was approved for award of the PUC for the period 5 November 2006 to 14 May 2007.

8.  The applicant also provides a Unit Award Recommendation which shows the 506th Regimental Combat Team was recommended for award of the PUC for the period 29 November 2005 to 16 November 2006.  The recommendation shows that the award was downgraded to a MUC on 23 March 2007.

9.  A review of the available records does not show that the applicant was ever assigned to the 506th Regimental Combat Team.

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

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2014.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.

	b.  The Meritorious Unit Commendation 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.  Units based in the continental United States are excluded from this award, as are other units outside the area of operation.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.

11.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD, discharge, or retirement.  It states in item 13 enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence does not show that the applicant was ever assigned to the 506th Regimental Combat Team.  He is not authorized the MUC and his DD Form 214 should not be amended to show this award.

3.  The available evidence does show that Permanent Order 219-11 was published on 6 August 2012 showing that the 1st Battalion, 26th Infantry, was awarded the PUC.  Permanent Orders 320-3201 were published on 16 November 2005 awarding him the Parachutist Badge.  His DD Form 214 should be amended to show these awards.

4.  He is also authorized one bronze service star to show his campaign participation during OIF.

5.  In view of the foregoing, his records should be corrected as recommended below.


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 amending his DD Form 214 to add the Presidential Unit Citation, the Parachutist Badge, and one bronze service star to be affixed to his already-awarded Iraq Campaign Medal.

2.  The Board further determined that the evidence presented was 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 amending his DD Form 214 to add the Meritorious Unit Commendation.  




      _______ _  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)                                         AR20130017026



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ABCMR Record of Proceedings (cont)                                         AR20130017026



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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