IN THE CASE OF: BOARD DATE: 13 June 2019 DOCKET NUMBER: 20160009676 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX XX XX DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 June 2019 DOCKET NUMBER: 20160009676 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests the Presidential Unit Citation, Combat Infantryman Badge, and Joint Meritorious Unit Award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests correction of his military records to show the correct spelling of his last name. 2. The applicant states: • He was attached to the 1st Battalion, 12th Infantry Regiment • The Combat Infantryman Badge was awarded for actions on 19 February 2004 and 29 December 2009 • The Joint Meritorious Unit Award was awarded for service from 13 June 2003 to 14 May 2004 • His record will be incomplete and may inhibit future eligibility for benefits • The form submitted incorrectly spelled his last name as "XXXXX" THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): • Permanent Orders 050-02, dated 19 February 2004 • Citation (front page) • Memorandum • Letter from the ARBA Case Management Division • VA Form 21-4138 (Statement in Support of Claim) 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: • DD Form 4 (Enlistment/Reenlistment Document), dated 21 December 2000 • DD Form 2366 (Montgomery GI Bill Act of 1984), dated 11 January 2001 • DD Form 214, for the period ending 8 January 2004 • Discharge Orders, dated 23 December 2008 • Lineage and Honors Information website • U.S. Army Human Resources Command, Awards and Decorations, Army General Orders Unit Award Index • Interactive Personnel Electronic Records Management System (iPERMS) REFERENCES: 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. 2. Army Regulation 635-5 (Separation Documents) in effect at the time governed the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The version in effect at the time states that the Soldier's last name, first name, and full middle name or names, if any, will be entered in item 1 of the DD Form 214. 3. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 4. Unit awards listed on the Awards and Decorations website have been approved and/or will be announced in Department of the Army General Orders (DAGO). In accordance with paragraph 7-8c of Army Regulation 600-8-22, Personnel Service Battalions, Military Personnel Divisions and Branch Managers may use listings obtained from this site to update Soldiers records. 5. Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 6. Department of Defense Instruction 1348.33 (Military Awards Program) states the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981. It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected. Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature. The Joint Meritorious Unit Award may not be awarded to any Department of Defense (DOD) activity which has received any other unit award for the same achievement or period of service. DISCUSSION: 1. While 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 4 January 2001. His enlistment contract shows his last name as "XXXXX." When he enrolled for Montgomery GI Bill, he completed form using his last name as "XXXXX." He completed initial entry training and was awarded military occupational specialty (MOS) 11B (Infantryman). 3. A citation shows the Presidential Unit Citation (Army) was issued to Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division and attached units for combat operations from 20 April 2003 to 22 March 2004 in support of Operation Iraqi Freedom. The citation includes the 1st Battalion, 12th Infantry Regiment as an attached unit. a. The Lineage and Honors Information website does not show the 1st Battalion, 12th Infantry Regiment was awarded the Presidential Unit Citation for military operations in Iraq. b. The U.S. Army Human Resources Command, Army General Orders Unit Award Index does not indicate the 1st Battalion, 12th Infantry Regiment was cited for award of the Presidential Unit Citation. 4. He was honorably released from active duty on 8 January 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows the following information: • His last name is listed as "XXXXX" • His last assignment and major command is listed as Company C, 1st Battalion, 12th Infantry Regiment • No entries indicating he was awarded or authorized the Presidential Unit Citation, Combat Infantryman Badge or Joint Meritorious Unit Award • He served in Kuwait from 17 December 2001 to 10 April 2002 and in Iraq from 17 April 2003 to 1 October 2003 5. Permanent Orders 050-02 (Group Orders), dated 19 February 2004, awarded the Combat Infantryman Badge to the 1st Battalion, 12th Infantry Regiment, Fort Carson, CO for the period 1 September 2003 to 20 January 2004 for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom. The by-name roster identifying him as a recipient of the Combat Infantryman Badge is not available for review. a. Army Regulation 600-8-22 requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy for award of the Combat Infantryman Badge. His service record is void of evidence that shows he served during active ground combat and he was personally present under hostile fire. b. His record shows he was serving as in infantryman in Iraq during the period covered by the award. c. His DD Form 214 shows his last unit of assignment as Company C, 1st Battalion, 12th Infantry Regiment. 6. A memorandum issued by the Chairman, Joint Chiefs of Staff approved award of the Joint Meritorious Unit Award to Headquarters, Combined Joint Task Force (CJTF)-7, Baghdad, Iraq for exceptionally meritorious achievement from 15 June 2003 to 14 May 2004. His service record does not include any evidence showing he was assigned or attached to the CJTF-7 while deployed to Iraq. a. The Department of Defense Instruction 1348.33 directs that the Secretary of Defense authorized award of the Joint Meritorious Unit Award to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected. b. The applicant's service record is void of evidence that shows he was assigned to a joint unit or activity that was awarded the Joint Meritorious Unit Award. 7. Review of his documents in the iPERMS revealed his last name as "XXXXXX." a. His military personnel records do not contain any documents showing his last name as "XXXXX." b. Orders published on 23 December 2008 discharged him from the U.S. Army Reserve, effective 23 December 2008. These orders show his last name as "XXXXX. 8. General Orders Number 2009-32, dated 29 December 2009 awarded the Valorous Unit Award to the 1st Battalion, 12th Infantry Regiment for the period 20 April 2003 to 22 March 2004. //NOTHING FOLLOWS// IN THE CASE OF: BOARD DATE: 29 November 2018 DOCKET NUMBER: 20160009676 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. A copy of this record of proceedings will be filed in the applicant's Official Military Personnel file. This document will serve to explain any confusion between the last name the applicant used during his military service and the last name he now uses. 3. As an administrative issue only, a copy of this Record of Proceedings will be forwarded to the Case Management Division, Promulgation to add the Valorous Unit Award to the applicant's DD Form 214. Microsoft Office Signature Line... 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.