IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140017597
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Department of the Army General Orders (DAGO) Number 2009-11, dated 16 December 2009, authorized him award of the Valorous Unit Award for service during Operation Red Dawn. He also requests award of the Parachutist Badge.
2. The applicant states that the Valorous Unit Award was not approved for wear or issued at the time of his separation.
3. The applicant provides:
* Permanent Orders 255-329, dated 12 September 2001
* Permanent Orders 027-006, dated 25 January 2005
* Enlisted Record Brief, dated 28 January 2005
* The 4th Battalion, 42nd Field Artillery Regiment Unit History
* DD Form 214
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 18 May 2001. He was awarded military occupational specialty 88M (Motor Transport Operator).
3. He served in Iraq from 2 April 2003 to 1 April 2004.
4. He provided the following documents:
a. Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 255-329, dated 12 September 2001, which show he was awarded the Parachutist Badge for successful completion of Airborne training.
b. Headquarters, 4th Battalion, 42nd Field Artillery, 1st Brigade Combat Team, 4th Infantry Division (Mechanized), Fort Hood, TX, Permanent Order Number 027-006, dated 25 January 2005, which shows he was awarded the Army Good Conduct Medal (1st Award) for the period 17 May 2001 to 18 May 2004.
c. Enlisted Record Brief, dated 28 January 2005, which shows he was assigned to Headquarters and Headquarters Battery, 4th Battalion, 42nd Field Artillery from 30 October 2001 to 22 November 2004 in Section IX (Assignment Information). Section VIII (Awards and Decorations) does not list award of the Valorous Unit Award or Parachutist Badge.
5. He was honorably released from active duty on 17 May 2005. His DD Form 214 does not show award of the Valorous Unit Award or the Parachutist Badge.
6. Headquarters, DAGO Number 2009-11, dated 16 December 2009, shows the Valorous Unit Award was awarded to Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division for the period 15 April 2003 to 15 March 2004 to include the applicant's unit, 4th Battalion, 42nd Field Artillery.
7. According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour and should be awarded the Overseas Service Ribbon.
DISCUSSION AND CONCLUSIONS:
1. DAGO Number 2009-11, dated 16 December 2009 awarded the Valorous Unit Award to the 4th Battalion, 42nd Field Artillery during a period the applicant was assigned to this unit. Therefore, his DD Form 214 should be corrected to reflect this unit award.
2. The applicant provided permanent orders which show he was awarded the Parachutist Badge and Army Good Conduct Medal (1st Award). Therefore, his DD Form 214 should be amended to reflect these awards.
3. The applicant completed sufficient service in Iraq to receive credit for completion of a short tour. Therefore, he is eligible for award of the Overseas Service Ribbon and correction of his DD Form to show this ribbon.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 amending his DD Form 214 to add the Valorous Unit Award, Parachutist Badge, Army Good Conduct Medal (1st Award), and Overseas Service Ribbon.
_______ _ 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) AR20140017597
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ABCMR Record of Proceedings (cont) AR20140017597
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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