IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100011508
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in combat and his awards of the Army Commendation Medal (ARCOM) and the Army Achievement Medal (AAM).
2. The applicant states, in effect, that he does not know why his combat service and his awards were not entered on his DD Form 214; however, the Department of Veterans Affairs (VA) contends that his DD Form 214 does not prove he served in combat because he does not have a Combat Infantryman Badge (CIB), a Purple Heart, or any other award that qualifies as a combat stressor.
3. The applicant provides copies of his awards of the ARCOM and the AAM.
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 enlisted in the Regular Army on 4 February 2003 for a period of 3 years and training as a combat engineer. He completed his one-station unit training (OSUT) at Fort Leonard Wood, Missouri and was transferred to Hawaii for assignment to the 25th Infantry Division.
3. The applicant deployed to Afghanistan on 3 April 2004 in support of Task Force Bronco during Operation Enduring Freedom. He was advanced to the pay grade of E-4 on 1 November 2004 and was awarded the ARCOM for the period 21 April 2004 to 21 April 2005. He departed Afghanistan on 28 May 2005 and was returned to his unit in Hawaii.
4. On 21 November 2005, he was awarded the AAM for meritorious service during the period 1 May 2003 to 1 February 2006.
5. On 3 February 2006, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD reflects his service in Afghanistan and that he was awarded the:
* Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Afghanistan Campaign Medal
* Global War on Terrorism Service Medal
* Appropriate marksmanship badges
6. The applicants award of the ARCOM and the AAM are not entered on his DD Form 214; however, his service in an imminent danger pay area is specified. Additionally, there is no evidence to show that he was awarded the CIB or any other similar award for combat participation.
7. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). A bronze service star is authorized for wear with this medal for participation in each credited campaign. The applicant served during the Consolidation I campaign (1 December 2001-30 September 2006).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect that he served/engaged in combat has been noted and found to lack merit. While his records clearly and properly reflect that he served in an imminent danger pay area in Afghanistan during the period 3 April 2004 to 28 May 2005, there is no conclusive evidence to show that he actually engaged the enemy to the point that he would have been eligible for award of the Combat Action Badge (CAB) or that he was wounded and eligible for award of the Purple Heart.
2. Therefore, in the absence of such evidence, there appears to be no basis to award him such an award to substantiate his claim for benefits.
3. However, the applicant clearly was awarded the ARCOM and the AAM and thus is entitled to have those awards added to his records at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the ARCOM and the AAM.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him an award that will substantiate his combat participation in order to qualify him for VA benefits.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the
United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20100011508
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