RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  03 April 2008
	DOCKET NUMBER:  AR20070018811 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


Ms. Catherine C. Mitrano

Director

Ms. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the Navy Unit Commendation be added to his records.

2.  The applicant states that he separated from the Army before the orders were published.

3.  The applicant provides in support of his application, an internet copy of an article from the Marine Corps Times website dated 19 December 2006, listing the units and personnel eligible for award of the Navy Unit Commendation.

CONSIDERATION OF EVIDENCE:

1.  On 3 August 1999, the applicant enlisted in the Army, in Indianapolis, Indiana, for 6 years, in the pay grade of E-1.  He successfully completed his training as an aircraft structural repairer.

2.  The applicant was honorably released from active duty (REFRAD) on 2 August 2005, at the expiration of his term of service.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he had 2 years and 16 days of Foreign Service, and that he was awarded the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Lapel Button, the Global War on Terrorism Service Medal, the Noncommissioned Officers Professional Development Ribbon w/Numeral 2, the Army Service Ribbon, the Overseas Service Ribbon, the Combat Infantryman Badge, the Aircraft Crewman Badge, the Parachutist Badge, the Special Forces Tab, the Driver and Mechanic Badge, and the Silver German Armed Forces Parachutist Badge.

3.  The article from the Marine Corps Times website that the applicant submitted in support of his application indicates that he was assigned to the 10th Special Forces Group and his name is listed as an individual eligible for award of the Navy Unit Commendation, which was approved to recognize the actions of I Marine Expeditionary Force actions in Iraq from August 2, 2004 to February 1, 2005, according to MARADMIN 609/06.





4.  MARADMIN Number 609/06 message dated 19 December 2006 reads, in pertinent part, that the Navy Unit Commendation includes numerous United States Army Commands.  To date, the Marine Corps has not received United States Army concurrence to allow these units to accept the Navy Unit Commendation.  Contingent upon concurrence, the Marine Corps will publish a separate message with a list of United States Army units eligible to participate.

5.  Information obtained from the United States Army Human Resources Command, Military Awards Branch, on 13 March 2008 reveals that, to date, the Marine Corps has not received United States Army concurrence to allow the Army units to accept the Navy Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's name and the unit to which he was assigned, is cited in the MARADMIN Number 609/06 message dated 19 December 2006, the award was properly excluded from his DD Form 214.

2.  Accordingly to the MARADMIN Number 609/06 message, the Marine Corps has not received United States Army concurrence to allow Army units to accept the Navy Unit Commendation.  Contingent upon concurrence, the Marine Corps will publish a separate message with a list of United States Army units eligible to participate.  Until the appropriate concurrence has been received, this award has not officially been accepted by the Army and cannot be incorporated in his official records.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__CD __  __LMD__  __JCR___   DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





___Carmen Duncan  ___
      CHAIRPERSON