IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140017607
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 the Valorous Unit Award (VUA).
2. The applicant states his unit was awarded the VUA in 2008, which was after he had separated from the military.
3. The applicant provides copies of:
* DD Form 214 (Copy Number 4)
* A Soldier Deployment History Out-processing Report, dated 14 March 2006
* An Enlisted Record Brief (ERB), dated 14 March 2006
* Permanent Orders 070-17, U.S. Army Human Resources Command (HRC), dated 10 March 2008
* A certificate for award of the VUA, dated 18 April 2008
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 1 May 2003, the applicant enlisted in the Regular Army. He completed his initial training as a combat engineer.
3. On or about 7 April 2004, the applicant was assigned to the 3rd Battalion,
7th Infantry Regiment, located at Fort Stewart, Georgia. He deployed to Iraq with this unit and served there from 27 January 2005 to 26 January 2006.
4. On 30 April 2006, the applicant was honorably released from active duty. His DD Form 214 shows in:
a. Item 12f (Foreign Service) 1 year and 5 days;
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon
* Combat Action Badge
* Iraq Campaign Medal
5. Permanent Orders Number 070-17, HRC, dated 10 March 2008, as provided by the applicant, announced award of the VUA to the 3rd Battalion, 7th Infantry Regiment for the period 15 January 2005 to 14 January 2006.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.
b. The Iraq Campaign Medal (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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include:
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the VUA.
2. Records show the applicant was assigned to the 3rd Battalion, 7th Infantry Regiment during the time it was awarded the VUA. Therefore, this unit award should be shown on his DD Form 214.
3. The available evidence shows the applicant served in Iraq during two campaign periods making him authorized to wear two bronze service stars on his already-awarded ICM. Therefore, his DD Form 214 should be corrected accordingly.
4. Records show the applicant served during a qualifying period and successfully completed his initial entry training as a combat engineer. Therefore, the Army Service Ribbon should be shown on his DD Form 214.
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:
a. deleting the Iraq Campaign Medal from his DD Form 214 and
b. showing, in addition to the awards already-shown on his DD Form 214, that his awards include:
* Valorous Unit Award
* Iraq Campaign Medal with two bronze service stars
* Army 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) AR20130006756
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140017607
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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