IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100020161
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge.
2. The applicant states she was awarded the Combat Action Badge as a result of her combat service in Operation Iraqi Freedom (OIF) and it is not shown on her DD Form 214.
3. The applicant provides her DD Form 214, orders, and IDVA Form 200 (Illinois Department of Veterans Affairs Form).
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's records show she enlisted in the Illinois Army National Guard (ILARNG) on 14 March 2003 and she held military occupational specialty 88M (Motor Transport Operator). On 7 December 2003, she entered active duty as part of her ARNG unit in support of OIF. She served in Iraq from on or about 18 February - 12 December 2004 while assigned to the 1544th Transportation Company.
3. On 11 September 2005, she was honorably released from active duty in the rank/grade of specialist/ E-4 by reason of temporary disability.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 she was issued for this period of service shows the Bronze Star Medal, Purple Heart, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Armed Forces Reserve Medal with Mobilization Device.
5. Department of Military Affairs, State of Illinois, Permanent Order 285-165, dated 12 October 2005, awarded her the Combat Action Badge for actively engaging/being engaged by an enemy while assigned to a hostile fire area of operations.
6. Department of Military Affairs, State of Illinois, Permanent Order 285-166, dated 12 October 2005, awarded her the Army Good Conduct Medal (1st Award) for the period from 7 December 2003 to 7 December 2004.
DISCUSSION AND CONCLUSIONS:
Permanent Orders awarded her the Combat Action Badge and the Army Good Conduct Medal (1st Award) which are not shown on her DD 214. Therefore, she is entitled to correction of her DD Form 214 to show these awards.
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 to item 13 of her DD Form 214, dated 11 September 2005, the Combat Action Badge and the Army Good Conduct Medal (1st Award).
_______ _ 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) AR20100020161
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ABCMR Record of Proceedings (cont) AR20100020161
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