BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100016120
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 military records to show award of the Combat Action Badge (CAB) and the Iraq Campaign Medal (ICM).
2. The applicant states, in effect, while assigned to the 31st Combat Support Hospital (CSH) in Baghdad, Iraq, he served in a combat zone with multiple trips to Balad, Iraq from January 2004 to January 2005. After he retired on 31 May 2005, his unit was awarded the CAB for the period January 2004 to January 2005. He believes he should be awarded the CAB retroactively since the award was approved after he retired. He states to this day he has not been awarded any decorations for his service in Iraq.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2005
* memorandum from the Military Awards Branch, U.S. Army Human Resources Command (USAHRC)
* Noncommissioned Officer Evaluation Report (NCOER) for the period ending June 2004
* Enlisted Record Brief
* DA Form 4187 (Personnel Action)
* Permanent Orders from the U.S. Army Air Defense Artillery Center and Fort Bliss, TX
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 requested correction of his records to show award of the CAB. There are no orders or other evidence authorizing award of this decoration to him. In the absence of a proper award authority for this decoration, the applicant may request award the CAB under the provisions of Army Regulation 600-8-22 (Military Awards). He has been notified by separate correspondence of the procedures for applying for the award and, as a result, it will not be discussed further in these Proceedings.
3. He enlisted in the Regular Army on 12 May 1981.
4. Permanent Orders 357-501, dated 23 December 2003, issued by the U.S. Army Air Defense Artillery Center, Fort Bliss show the applicant's name on the manifest for the advance party deployment roster for the 31st CSH in support of Operation Iraqi Freedom (OIF).
5. A DA Form 2166-8 (NCOER) shows during the rating period of July
2003 through June 2004 he was deployed to Iraq and assigned to the 31st CSH where he performed duties as the S-4 noncommissioned officer in charge (NCOIC).
6. On 31 May 2005, he retired due to sufficient service for retirement.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 May
2005 shows he was awarded:
* Meritorious Service Medal
*
Army Commendation Medal (6th Award)
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (8th Award)
* Army of Occupation Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* Armed Forces Expeditionary Medal
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral "3"
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* North Atlantic Treaty Organization Medal
8. Item 18 (Remarks) shows the entry "SERVICE IN SOUTHWEST ASIA 20030416-20030616, 20040115-20050121."
9. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the ICM must have served in direct support of Operation Iraqi Freedom. The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. A bronze service star is authorized for each campaign, during his service in Iraq he participated in the following two campaigns:
* Transition of Iraq 2 May 2003 - 28 June 2004
* Iraqi Governance 29 June 2004 - 15 December 2005
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 for the period ending 31 May 2005 shows he was deployed to Southwest Asia during the period 16 April through 16 June 2003 and he was awarded the GWOTEM. His DD Form 214 also shows he was deployed a second time in support of OIF. Therefore, he is eligible for award of the ICM with two bronze service stars. His DD Form 214 should be amended to add this award.
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 amending item 18 his DD Form 214 by adding the Iraq Campaign Medal with two bronze service stars.
_______ _ 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) AR20100016120
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ABCMR Record of Proceedings (cont) AR20100016120
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