IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140006622 


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 service in Kuwait 
* the Valorous Unit Award (VUA)
* two Meritorious Unit Awards (correctly identified as the Meritorious Unit Commendation (MUC)
* two bronze service stars for wear on his previously-awarded Iraq Campaign Medal (ICM)

2.  The applicant states he received imminent danger pay while serving in Kuwait from 20 April 2003 to 19 April 2004.  He also states the VUA and two awards of the MUC were awarded in 2009, but his DD Form 214 does not reflect his service.

3.  He provides:

* DD Form 214
* General Orders (GO) Number 2009-29, dated 29 December 2009
* Military Personnel (MILPER) Message Number 08-123
* GO Number 2009-32, dated 29 December 2009
* GO Number 2009-35, dated 29 December 2009
* Orders 59-81, dated 28 February 2003
* Orders 279-046, dated 5 October 2004, with North Atlantic Treaty Organization (NATO) Travel Orders
* 
Orders 047-E02, dated 16 February 2004
* Noncommissioned Officer Evaluation Report (NCOER)

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 Regular Army on 9 July 1998.  He was honorably discharged on 2 May 2006 after completing 7 years, 9 months, and 24 days of active duty service.

3.  His Enlisted Record Brief (ERB) shows he was assigned to:

* 385th Signal Company in Kuwait, from 5 July 2003 to 10 May 2004
* D Company, 327th Signal Battalion at Fort Bragg, NC, from 11 May 2004 to 2 May 2006

4.  His DD Form 214 shows in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Military Outstanding Volunteer Service Medal
* Combat Action Badge
* Parachutist Badge
* Driver and Mechanic Badge for Wheeled Vehicles
* ICM

* Item 18 (Remarks) shows the entry of "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20041128 TO 20051015"

5.  He provides:

   a.  An NCOER for the period May 2005 to February 2006 that shows he was rated as the Small Extension Node Supervisor while assigned to Company D, 327th Signal Battalion, at Fort Bragg, NC.  His duties and scope included "providing tactical communication while deployed to Operation Iraqi Freedom III..."  His NCOER states he was selected to be Company B, 2nd Battalion, 3rd Special Forces Group RTO (Radio Telephone Operator) SGM (sergeant major) at HLZ (helicopter landing zone) Dagger, Iraq to help maintain command and control.  Additionally, he was responsible for issuing communication security to the 3rd Special Forces Operational Detachment Alpha teams at Area IV.

	b.  GO Number 2009-29, issued by Headquarters, Department of the Army, dated 29 December 2009, awarded the MUC, in pertinent part, to the 327th Signal Battalion for the period 27 November 2004 to 15 November 2005.

	c.  GO Number 2009-32, issued by Headquarters, Department of the Army, dated 29 December 2009, awarded the MUC, in pertinent part, to the 385th Signal Company for the period 1 October 2002 to 1 February 2004.

   d.  GO Number 2009-35, issued by Headquarters, Department of the Army, dated 29 December 2009, awarded the VUA, in pertinent part, to 2nd Battalion, 3rd Special Forces Group, 1st Special Forces Regiment for the period 1 April 2004 to 1 February 2006.

6.  His record is void of any evidence to show he was assigned and/or attached to 2nd Battalion, 3rd Special Forces Group, 1st Special Forces Regiment during the period 1 April 2004 to 1 February 2006.

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion while assigned to Kuwait from 20 April 2003 through 13 April 2004 and 29 November 2004 through 16 October 2005. 

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

   a.  The ICM is awarded to members who served in direct support of Operation Iraqi Freedom.  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 include:

* 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)

	b.  The MUC 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 operations.  

	c.  An oak leaf cluster is awarded to denote the second and succeeding awards of the MUC.

	d.  the VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states 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.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant served in Kuwait or Iraq on two separate occasions:  from 20 April 2003 to 13 April 2004 and from 29 November 2004 to 16 October 2005.  The last period is already listed on his DD Form 214.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show his service in Kuwait from 20 April 2003 to 13 April 2004.

2.  The evidence reveals he participated in three campaigns during his service in Iraq.  Therefore, he is entitled to award of three bronze service stars for wear on his previously-awarded ICM.

3.  The evidence of record shows he was assigned to the 385th Signal Company, Kuwait from 5 July 2003 to 10 May 2004, during the period the unit was awarded the MUC.  The evidence also shows he was assigned to the 327th Signal Battalion from 11 May 2004 to 2 May 2006 during the period the unit was awarded the MUC.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Although his NCOER states "he was responsible for issuing communication security to the 3rd Special Forces Operational Detachment," there is no evidence and he has not provided any to show he was assigned and/or attached to 2nd Battalion, 3rd Special Forces Group during the period the regiment was awarded the VUA.  Therefore, he is not entitled to this unit award.

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:
a. deleting from item 13 of his DD Form 214 the Iraq Campaign Medal;

b.  adding to item 13 of his DD Form 214 the:

* Iraq Campaign Medal with three bronze service stars
* Meritorious Unit Commendation (2nd Award)

   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030420 TO 20040414."

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 the VUA and two bronze service stars on his previously-awarded ICM.





      ___________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)                                         AR20140006622



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ABCMR Record of Proceedings (cont)                                         AR20140006622



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