BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130017284 


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 his authorized awards.

2.  The applicant states he deployed to Iraq and served with the 704th Support Battalion, 4th Brigade Combat Team (BCT), 4th Infantry Division (Mechanized) (4ID(M)).  He states his unit was awarded the Valorous Unit Award (VUA) and two awards of the Meritorious Unit Commendation (MUC).  In addition, his Iraq Campaign Medal (ICM) does not show any campaign stars, but he served during four campaigns.

3.  The applicant provides a copy of his DD Form 214, three orders, and an Internet report of his 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.  The applicant enlisted in the U.S. Army Reserve (USAR) on 18 December 1997 for a period of 8 years.  He was discharged 29 September 2002 and he enlisted in the Regular Army (RA) on 30 September 2002 for a period of 3 years. He reenlisted in the RA on 27 October 2004 for a period of 4 years.

3.  The applicant's Enlisted Record Brief shows in section IX (Assignment Information), in pertinent part, 155mm Self-Propelled Howitzer, 2nd Battalion, 
5th Field Artillery, Fort Sill, OK, from 19 February 2003 through 10 January 2005.

4.  A DA Form 2166-8 (NCO (Noncommissioned Officer) Evaluation Report) covering the period 1 November 2005 through 31 October 2006 shows the applicant was assigned to Company B, 704th Support Battalion, 4th BCT, 4ID(M), Iraq.

5.  The applicant's DD Form 214 shows he was honorably discharged on
20 December 2007 based on disability with severance pay.  He had completed 
5 years, 2 months, and 21 days of total active service that included 1 year, 
11 months, and 25 days of foreign service.  It also shows in:

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

* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War of Terrorism Service Medal
* Iraq Campaign Medal (ICM)
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Wheeled Vehicle and Mechanic Component Bars


	b.  item 18 (Remarks) shows service in Iraq from:

* 12 April 2003 to 12 April 2004
* 5 December 2005 to 28 November 2006

6.  In support of his application the applicant provides the following documents:

   a.  U.S. Army Human Resources Command (HRC), Fort Knox, KY, Permanent Orders:

* Number 038-22, dated 7 February 2012, that shows the 2nd Battalion, 5th Field Artillery, was cited for award of the VUA for extraordinary heroism in action while in support of Operation Iraqi Freedom during  the period of service from 25 April 2003 to 18 September 2003
* Number 122-04, dated 1 May 2008, that shows Company B,
704th Support Battalion, was cited for award of the MUC for exceptionally meritorious service in support of Task Force Baghdad during the period of service from 5 December 2005 to 28 November 2006

	b.  Headquarters, Department of the Army, General Orders Number 2009-12, dated 16 December 2009, that announced individual and unit awards.  A review of the order failed to reveal the applicant's name for an individual award or list a unit the applicant was assigned to during the cited period of service of the announced unit awards.  (The applicant highlighted Section II (Meritorious Service Medal) of the order.)

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.
	b.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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.

	 	(1)  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.

		(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the following four campaigns:

* 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)

   c.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM 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.

9.  The HRC Awards and Decorations Branch website contains "Frequently Asked Questions" that shows the following information:

   a.  "Question14:  If a Soldier has a GWOTEM for a deployment during the first two campaigns for OIF, and deploys again and earns an ICM for a deployment which overlaps the second two campaigns, does the Soldier get to place all four BSS/CS [bronze service stars/campaign stars] on the ICM?"

   b.  "Answer 14:  No, if the Soldier receives the GWOTEM, and elects to keep it (Soldiers may elect to convert from the GWOTEM to the ICM or [Afghanistan Campaign Medal] ACM), he/she cannot place campaign stars from that deployment on the ICM or ACM.  In the case noted in this question, the Soldier would wear the GWOTEM and the ICM (with 2-BSS/CS).  If the Soldier elected to convert the GWOTEM to an ICM, the Soldier would then be authorized to wear the ICM (with 4-BSS/CS).  Bottom line, Soldiers do not receive campaign stars for the ICM/ACM for any period for which they were awarded the GWOTEM."
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards.

2.  The evidence of record shows the applicant served in Iraq from:

* 12 April 2003 to 12 April 2004
* 5 December 2005 to 28 November 2006

   a.  His initial period of service in Iraq qualified him for the GWOTEM and his records show the award.  This period of service was during the Liberation of Iraq and Transition of Iraq campaigns.  The evidence of record shows, if the Soldier receives the GWOTEM and elects to keep it, he cannot place campaign stars from that deployment on the ICM.
   
   b.  The applicant's subsequent period of service in Iraq qualified him for the ICM and his records show the award.  This period of service was during the Iraqi Governance and National Resolution campaigns.  Thus, he is authorized two bronze service stars for wear on his already-awarded ICM.

3.  Permanent orders awarded the applicant the applicant's units the:

* VUA
* MUC

4.  The evidence of record fails to show the applicant's unit was awarded a second award of the MUC during his period of assignment.  Therefore, he is not entitled to a second award of the MUC.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards, 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 deleting the "Iraq Campaign Medal" from item 13 of his DD Form 214 and adding the following awards:

* Iraq Campaign Medal with two bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation

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 service the Iraq Campaign Medal with four bronze service stars and a second award of 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)                                         AR20130017284



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ABCMR Record of Proceedings (cont)                                         AR20130017284



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