IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20090002518
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 records to show award of the Combat Action Badge and Air Medal for his service during Operation Iraqi Freedom.
2. The applicant states, in effect, that he is entitled to award of the Air Medal and Combat Action Badge for his service during Operation Iraqi Freedom. He states he was assigned as a flight engineer and door gunner on a CH 47 helicopter flying over 100 combat hours in hostile fire zones. He further states he was awarded the Air Medal and that it should be added to his DD Form 214 and military personnel files.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the separation date 2 June 2004, Air Medal award orders, Bronze Star Medal award orders, and mobilization orders in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant has failed to exhaust all administrative remedies available to him in regards to award of the Combat Action Badge. Therefore, ABCMR cannot take any further action at this time and discussion of award of the Combat Action Badge will not be further discussed in these Board proceedings. The applicant is encouraged to request award of the Combat Action Badge (with all available evidence to support his request such as statements from his chain of command or fellow Soldiers) through U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA 22332-0405.
3. With prior service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) in the rank/grade of specialist/E-4 on 9 February 2002 for a
3-year period. Records show he was assigned to the 377th Sustainment Command.
4. On 24 February 2003, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom. Records show he was assigned to B Company, 159th Aviation Regiment (Combat) (CH 47), and served in Kuwait from 28 May 2003 to 15 December 2003. He was honorably released from active duty and reverted back to his USAR status on 2 June 2004.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 the applicant was issued at the time of his release from active duty on 2 June 2004 does not show award of the Air Medal.
6. Headquarters, Combined Forces Land Component Command, Permanent Orders 069-020 dated 9 March 2004 shows the applicant was awarded the Air Medal for his period of service from 28 May 2003 to 15 December 2003 and that he was credited with flying over 104 combat hours in Iraq as a CH-47D Helicopter Flight Engineer.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) governs the operations of the ABCMR. Paragraph 2-5 of this regulation states that the ABCMR will not consider an application until an applicant has exhausted all administrative remedies to correct the alleged error or injustice.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Air Medal for his service during Operation Iraqi Freedom.
2. The evidence of record shows the applicant was awarded the Air Medal by publication of Permanent Orders 069-020 dated 9 March 2004 which is not shown on his Form DD Form 214. Therefore, he is entitled to correction of his records to show award of the Air Medal.
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 showing award of the Air Medal.
___________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) AR20090002518
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