IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20140005483
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 to have the Navy Unit Commendation added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states she received this unit award from the Department of the Navy while attached to the 1st Marine Expeditionary Force (MEF) in Iraq. She states she received the orders for the unit award after her separation from the Army.
3. The applicant provides her DD Form 214 and the approval of the Navy Unit Commendation with attached citation and list of attached and direct support units.
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. On 17 June 2003, the applicant enlisted in the Regular Army.
3. She was awarded an Army Commendation Medal (ARCOM) for service with Headquarters and Headquarters Company, 16th Engineer Battalion in support of combat operations in Iraq from January 2006 to February 2007.
4. On 16 June 2007, she was honorably released from active duty. She completed 4 years of creditable active service. Her DD Form 214 shows, in pertinent part, that she served in Iraq from 29 January 2006 through 21 February 2007. This form also shows she was awarded or authorized the:
* ARCOM
* Army Achievement Medal (2nd Award)
* Valorous Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Driver and Mechanic Badge Mechanic
5. On 6 November 2008, the 1st MEF was awarded the Navy Unit Commendation for the period 28 February 2006 to 9 February 2007. The 16th Engineer Battalion is included on the list of attached and direct support units.
6. Army Regulation 600-8-22 (Military Awards) states the ICM 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 ICM period of eligibility is on or after 19 March 2003 to 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. Evidence shows the applicant served with the 16th Engineer Battalion during a period when the unit was awarded the Navy Unit Commendation. Therefore, she is entitled to have this unit award added to her DD Form 214.
2. She was awarded the ICM and she participated in two campaigns while serving in Iraq. Therefore, she is entitled to correction of her DD Form 214 to show her already-awarded ICM with two bronze service stars.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 ICM from her DD Form 214 and
b. adding to her DD Form 214 the:
* Navy Unit Commendation
* ICM with two bronze service stars
_______ _ ___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) AR20140005483
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ABCMR Record of Proceedings (cont) AR20140005483
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