IN THE CASE OF:  

		BOARD DATE:  9 December 2014	  

		DOCKET NUMBER:  AR20140004421 


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), for the period ending 31 March 2011, to show award of the:

* Legion of Merit
* Army Superior Unit Award (2nd Award)
* Meritorious Unit Commendation
* Afghanistan Campaign Medal with 2 bronze service stars

2.  The applicant states he received the individual award and became aware of his eligibility for the unit awards and second service star after his retirement.

3.  The applicant provides:

* Permanent Order Number 293-014
* General Orders Number 2010-08
* General Orders Number 2009-23
* 2 memoranda
* General Orders Number 2013-87
* Military Personnel Message Number 11-208
* 2 DD Forms 214
* DA Form 4037-E (Officer Record Brief)



CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Regular Army officer in the in the rank of second lieutenant on 23 May 1984.  On 1 June 1995, he was honorably discharged in accordance with chapter 3, Army Regulation 635–120 (Personnel Separations – Officer Resignations and Discharges) as part of the early release program – voluntary separation incentive. 

2.  On 2 June 1995, he was appointed as a Reserve commissioned officer of the Army.  On 10 September 1995, he entered active duty as a member of the U.S. Army Reserve.  Evidence shows he served in:

* Iraq for the period 1 May to 9 June 2003
* Afghanistan for the period 19 March to 5 April 2007
* Iraq for the period 13 to 20 April 2008
* Afghanistan for the period 9 July 2009 to 6 May 2010

3.  On 31 March 2011, the applicant honorably retired in the rank/grade of colonel/O-6 after completing sufficient service for retirement.  His DD Form 214 shows he was awarded or authorized the:

* Afghanistan Campaign Medal with campaign star
* Master Parachutist Badge
* Ranger Tab
* Bronze Star Medal
* Meritorious Service Medal (5th Award)
* Army Commendation Medal (5th Award)
* Joint Service Achievement Medal
* Army Achievement Medal
* U.S. Navy Achievement Medal
* Joint Meritorious Unit Award
* Army Superior Unit Award
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Army Reserve Component Overseas Training Ribbon
* Armed Forces Reserve Medal with "M" Device
* Military Outstanding Volunteer Service Medal
* North Atlantic Treaty Organization Medal
* Army Staff Identification Badge

4.  The applicant provides:

   a.  General Orders Number 2009-23, issued by Headquarters, Department of the Army, dated 10 December 2009, which award Headquarters, Third U.S. Army the Army Superior Unit Award for the period 11 September 2001 to 31 March 2004.
   
   b.  A Memorandum for Record, issued by the Deputy Director, Operation Iraqi Freedom Study Group, dated 7 June 2003, which indicates the applicant was attached to 3d Army for the period 14 April to 15 July 2003.
   
   c.  General Orders Number 2010-08, issued by Headquarters, Department of the Army, dated 22 July 2010, which award the Army Superior Unit Award to Headquarters, Department of the Army, Office of the Deputy Chief of Staff,       G-3/5/7, for the period 1 March 2003 to 31 December 2006. 
   
   d.  General Orders Number 2013-87, issued by Headquarters, Department of the Army, dated 13 November 2013, which award Headquarters and Headquarters Company, Special Troops Battalion, 82nd Airborne Division the Meritorious Unit Commendation, for the period 30 April 2009 to 3 June 2010.
   
   e.  An Officer Record Brief that shows he was assigned to Headquarters, Department of the Army, Office of the Deputy Chief of Staff, Operations for the period 30 June 2003 to 16 July 2006 and to Headquarters and Headquarters Company, 82nd Airborne Division (Afghanistan) for the period 22 June 2009 to    2 June 2010.
   
   f.  Permanent Orders Number 293-014, issued by Headquarters, U.S. Army Reserve Command, Fort Bragg, NC, dated 20 October 2011, which award him the Legion of Merit.

5.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by 


the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001 – 30 November 2001)
* Consolidation I (1 December 2001 – 30 September 2006)
* Consolidation II (1 October 2006 – 30 November 2009)
* Consolidation III (1 December 2009 – 30 June 2011)
* Transition I (1 July 2011 – date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders award him the Legion of Merit.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows the applicant was assigned to Headquarters, Department of the Army, Office of the Deputy Chief of Staff, G-3/5/7 during the period the unit was awarded the Army Superior Unit Award for service from         1 March 2003 to 31 December 2006.  It is presumed the award is already reflected on the applicant's DD Form 214.    

3.  However, the applicant provides General Order 2009-23 which awarded the Army Superior Unit Award to Headquarters, Third U.S. Army for the period        11 September 2001 to 31 March 2004.  The applicant provides evidence which shows he was attached to 3d Army (Third U.S. Army) for the period 14 April to  15 July 2003.  The provided evidence is sufficient to support a second award of the Army Superior Unit Award.

4.  General Order 2013-87 awarded the Meritorious Unit Commendation to Headquarters and Headquarters Company, Special Troops Battalion, 82nd Airborne Division for the period 30 April 2009 to 3 June 2010.  There is sufficient evidence in the applicant's record and he provides sufficient evidence to show he was assigned to the unit in question during the specified period for award of the Meritorious Unit Commendation.

5.  The evidence reveals he participated in two campaigns during his service in Afghanistan.  Therefore, he is entitled to award of two bronze service stars for wear on his previously-awarded Afghanistan Campaign Medal.
 


BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 
   
   a.  deleting the Afghanistan Campaign Medal with one bronze service star from his DD Form 214 for the period ending 31 March 2011;
   
   b.  adding the following to his DD Form 214 for the period ending 31 March 2001:
   
* Legion of Merit
* Afghanistan Campaign Medal with two bronze service stars
* Army Superior Unit Award (2nd Award)
* 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)                                         AR20140004421





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ABCMR Record of Proceedings (cont)                                         AR20140004421



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