IN THE CASE OF:
BOARD DATE: 1 JULY 2009
DOCKET NUMBER: AR20090003343
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) for the period ending 11 March 2005 to show award of the Combat Action Badge.
2. The applicant states, in effect, that the badge was omitted from his DD Form 214 due to an administrative error.
3. The applicant provides orders for the Combat Action Badge and a copy of his DD Form 214 for the period ending 11 March 2005 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. Having prior service in the Army National Guard, the applicant was ordered to active duty on 18 December 2003 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 16 February 2004 to 3 February 2005 and was honorably released from active duty on 11 March 2005.
3. The applicant's DD Form 214 for the period ending 11 March 2005 does not show the Combat Action Badge as an authorized award.
4. Headquarters, State of Ohio, Adjutant General's Department Permanent Orders 163-054, dated 12 June 2006, show the applicant received the Combat Action Badge.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant received the Combat Action Badge. Therefore, his DD Form 214 for the period ending 11 March 2005 should be corrected 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 on his DD Form 214 for the period ending
11 March 2005.
_______ _ _XXX______ ___
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) AR20090003343
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