BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090014594 


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 award of the Combat Action Badge.

2.  The applicant states that the award was approved after his discharge.

3.  The applicant provides a copy of Permanent Orders Number 003-01, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, on 1 January 2006, in support of his request.

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's records show he enlisted in the Regular Army on 7 October 1992 and held military occupational specialty 74D (Chemical Operations Specialist).  He served through multiple terms of enlistment, served in Kuwait/Iraq from 14 February 2003 to 1 March 2005, and attained the rank/grade of staff sergeant/E-6.  He was honorably discharged on 1 July 2005.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Action Badge.

4.  Permanent Orders Number 003-01, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, on 1 January 2006, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 15 November 2004.

DISCUSSION AND CONCLUSIONS:

Permanent orders awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 6 January 2004 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

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 adding the Combat Action Badge to item 13 of his DD Form 214.



      ____________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)                                         AR20090014594



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014594



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1