IN THE CASE OF:	  

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140002503 


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 the following:

* correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show three awards of the Meritorious Unit Commendation and one award of the Army Superior Unit Award
* issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) once the awards section has been updated

2.  The applicant states the orders for the awards were either pending or awarded after she had retired from the service or she had left the unit prior its award date.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 2009-12
* GO Number 2010-12
* DD Form 214
* U.S. Army Human Resources Command (HRC), Military Awards Branch, Recently Approved Unit Awards listing

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army (RA) on 8 June 1998 and she served in military occupational specialty 31B (military police (MP)).  

3.  She served in Iraq from 5 January 2005 through 22 December 2005.  Her DA Form 2166-8 (Noncommissioned Officer Evaluation Report), for the period August 2005 through March 2006, shows she was assigned to the 401st MP Company, 720th MP Battalion.

4.  She again served in Iraq from 3 March 2007 through 17 May 2008.  Her DA Form 2166-8, for the period 1 April 2008 through 5 March 2009, shows she was assigned to Headquarters and Headquarters Detachment (HHD), 720th MP Battalion.

5.  She provided copies of the following orders issued by Headquarters, Department of the Army:

* GO Number 2009-12, dated 16 December 2009, citing award of the Meritorious Unit Commendation to HHD, 720th MP Battalion, for the period 28 December 2004 through 8 November 2005
* GO Number 2010-12, dated 1- August 2010, citing award of the Army Superior Unit Award to the 401st MP Company, 720th MP Battalion, for the period 1 December 2005 through 31 December 2006

6.  She also provided a copy of HRC, Military Awards Branch, Recently Approved Unit Awards listing, which listed the approval of the foregoing awards.

7.  She was honorably retired on 14 December 2010 by reason of disability (temporary).  Her DD Form 214 lists the:

* Bronze Star Medal
* Army Commendation Medal (7th Award)

* Army Achievement Medal (6th Award)
* Meritorious Unit Commendation (2nd Award)
* Army Good Conduct Medal (4th Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Iraq Campaign Medal with one bronze service star
* Noncommissioned Officer Professional Development Ribbon (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Driver and Mechanic Badge with Mechanic Bar

8.  A review of the HRC, Military Awards Branch, Recently Approved Unit Awards listing, failed to reveal any additional award of the Meritorious Unit Commendation to the 720th MP Battalion or 401st MP Company during her periods of service.

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom (OIF) from on or after 19 March 2003 to 31 December 2011.  Campaign participation (during her service in Iraq from 3 March 2007 to 17 May 2008) included the National Resolution (16 December 2005-9 January 2007) and the Iraqi Surge (10 January 2007-31 December 2008).  Bronze service stars are worn on campaign and service medals to denote participation in a named campaign.

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of the applicant's DD Form 214 to show the Army Superior Unit Awards, GO awarded her unit this award during her assignment to the unit.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

2.  She completed a qualifying period of service in Iraq for award of two bronze service stars to be affixed to her already-awarded Iraq Campaign Medal.  Therefore, her DD Form 214 should be corrected to show these service stars.

3.  With regard to correction of her DD Form 214 to show the Meritorious Unit Commendation (3rd Award), a review of the HRC unit awards website revealed GO were issued awarding the 401st MP Company and HHD, 720th MP Battalion, each a Meritorious Unit Commendation, during her period of active duty.  There is no evidence and she did not provide sufficient evidence of her eligibility for a third award of the Meritorious Unit Award during her period of active duty.

4.  In the absence of orders awarding her unit a third award of the Meritorious Unit Commendation, there is insufficient evidence upon which to support the requested relief.  If she has copies of orders for a third award of the Meritorious Unit Commendation, she may reapply to the Board.

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 from the applicant's DD Form 214 the Iraq Campaign Medal with one bronze service star
* adding to her DD Form 214 the Army Superior Unit Award and Iraq Campaign Medal with two bronze service stars
* issuing her a DD Form 215 listing these awards

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:

* deleting from her DD Form 214 the Meritorious Unit Commendation (2nd Award)
* adding to this DD Form 214 the Meritorious Unit Commendation (3rd 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)                                         AR20140002503



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ABCMR Record of Proceedings (cont)                                         AR20140002503


   
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