Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100022282
Original file (20100022282.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100022282 


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, that his DD Form 214, dated 28 March 2005, be corrected by:

* Deleting the Global War on Terrorism Expeditionary Medal (GWOTEM)
   and adding the Iraq Campaign Medal (ICM) with two bronze service 
   stars to his DD Form 214
* Adding the Meritorious Unit Commendation (MUC)
* Adding the Navy Unit Commendation (NUC)
* Adding the Driver and Mechanic Badge with “W” Bar

2.  The applicant states, in effect, that he elects to be awarded the ICM with two bronze service stars in lieu of the GWOTEM.  He also states that his unit was awarded the MUC and the NUC and he was awarded the Driver and Mechanic Badge with “W” Bar and he desires his DD Form 214 to reflect all of these awards. 

3.  The applicant provides:

* A copy of his DD Form 214
* A letter explaining his application
* Orders awarding him the Driver and Mechanic Badge with “W” Bar
* A copy of a memorandum from the Secretary of the Navy awarding his unit the NUC for the period 2 August 2004 to 1 February 2005
* A copy of a certificate and citation awarding his unit the MUC for the period 21 February 2004 to 19 February 2005
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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was serving in the pay grade of E-5 in Company C, 153d Engineer Battalion of the South Dakota Army National Guard (SDARNG) when he was ordered to active duty with his unit in support of Operation Iraqi Freedom on 7 December 2003.

3.  He deployed to Kuwait and Iraq and served in two campaigns from
21 February 2004 to 20 February 2005.  On 28 March 2005, he was honorably released from active duty (REFRAD).  He had completed 1 year, 3 months, and 22 days of active service during this period.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Reserve Components Achievement Medal (4th Award), National Defense Service Medal (2d Award), GWOTEM, Global War on Terrorism Service Medal, Noncommissioned Officer’s Professional Development Ribbon, Army Service Ribbon, Army Reserve Components Overseas Training Ribbon (2d Award), Armed Forces Reserve Medal with “M” Device, the Overseas Service Ribbon, Army Good Conduct Medal, and Combat Action Badge.

4.  Permanent Orders Number 032-159 issued by Headquarters, 153d Engineer Battalion on 1 February 2006 awarded the applicant the Driver and Mechanic Badge with “W” Bar for the period 21 February 2004 to 20 February 2005.

5.  On 6 October 2006, the Secretary of the Navy awarded the NUC to the applicant’s unit for the period 2 August 2004 to 1 February 2005 while he was assigned to the unit.

6.  On 8 March 2007, the Secretary of the Army awarded the MUC to the applicant’s unit for the period 21 February 2004 to 19 February 2005 while the applicant was assigned to the unit.

7.  On 26 May 2006, he was discharged from the SDARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Retired).

8.  Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq during two campaign periods and he has elected to receive the ICM with two bronze service stars in lieu of the GWOTEM.  Accordingly, his records should be corrected by deleting the GWOTEM, and adding the ICM with two bronze service stars to his DD Form 214.

2.  The applicant was awarded the Driver and Mechanic Badge with “W” Bar; therefore, he is entitled to have this award added to his DD Form 214 at this time.

3.  The applicant’s unit was awarded the MUC and the NUC during the period he served with the unit and he is entitled to have these awards added to his 
DD Form 214 as well. 

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the GWOTEM from his DD Form 214
* adding the ICM with two bronze service stars, Driver and Mechanic Badge with “W” Bar, MUC, and NUC to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  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)                                         AR20100022282



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022282



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110003777

    Original file (20110003777.txt) Auto-classification: Approved

    Item 12 (Record of Service): * 12a (Date entered active duty this period): 7 December 2003 * 12b (Separation date this period): 13 March 2005 * 12c (Net active service this period): 1 year, 3 months, and 7 days * 12f (Foreign Service): 1 year c. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Bronze Star Medal * Army Commendation Medal (2nd award) * Army Achievement Medal (4th award) * Army Good Conduct Medal (2nd award) * Army Reserve...

  • ARMY | BCMR | CY2013 | 20130017284

    Original file (20130017284.txt) Auto-classification: Approved

    In support of his application the applicant provides the following documents: a. U.S. Army Human Resources Command (HRC), Fort Knox, KY, Permanent Orders: * Number 038-22, dated 7 February 2012, that shows the 2nd Battalion, 5th Field Artillery, was cited for award of the VUA for extraordinary heroism in action while in support of Operation Iraqi Freedom during the period of service from 25 April 2003 to 18 September 2003 * Number 122-04, dated 1 May 2008, that shows Company B, 704th Support...

  • ARMY | BCMR | CY2009 | 20090009326

    Original file (20090009326.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a fourth award of the Army Achievement Medal (AAM), two campaign stars [properly called bronze service stars] for wear on his Iraq Campaign Medal (ICM), and an end date of service in Iraq of 15 July 2008. The applicant provides copies his DD Form 214; four certificates for award of the AAM; a certificate for award of the Army Commendation Medal; a Soldier Deployment History...

  • ARMY | BCMR | CY2010 | 20100008759

    Original file (20100008759.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a 3rd award of the Army Commendation Medal, Sapper Tab, Iraq Campaign Medal (ICM) with two bronze service stars, and the Combat Action Badge. The applicant requested correction of his records to show award of the Combat Action Badge. Based on the applicant's service in Iraq from 28 February 2003 to 10 February 2004 and his request for the ICM in lieu of the GWOTEM, he is...

  • ARMY | BCMR | CY2014 | 20140006990

    Original file (20140006990.txt) Auto-classification: Approved

    During the applicant's period of service in Iraq, participation credit was awarded for the following two campaigns: * Liberation of Iraq (19 March 2003 - 1 May 2003) * Transition of Iraq (2 May 2003 - 28 June 2004) f. Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. e. he qualified for award of the Overseas Service Ribbon based on his 11...

  • ARMY | BCMR | CY2009 | 20090017345

    Original file (20090017345.txt) Auto-classification: Approved

    Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. Absent any evidence showing the applicant served in another operation that authorized the AFEM, it is presumed the AFEM listed on his 2005 DD Form 214 is based on his service in support of Operation Joint Endeavor in the Former Republic of Yugoslavia-Bosnia. Therefore, given the applicant has requested to be awarded the ICM for his service in Iraq in lieu of the already awarded GWOTEM,...

  • ARMY | BCMR | CY2009 | 20090020678

    Original file (20090020678.txt) Auto-classification: Approved

    There is no evidence in the applicant's military personnel records that shows he was awarded the Iraq Campaign Medal with 2 bronze service stars or Expert Marksmanship Qualification Badge with Rifle, Grenade, and Bayonet Bars. Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in support of Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual...

  • ARMY | BCMR | CY2010 | 20100024742

    Original file (20100024742.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Iraq Campaign Medal (ICM) with two bronze service stars, Combat Action Badge (CAB), and Humanitarian Service Medal (HSM). His request for award of the ICM with two bronze service stars, HSM, and CAB was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • ARMY | BCMR | CY2008 | 20080016897

    Original file (20080016897.txt) Auto-classification: Approved

    The evidence of record confirms the applicant completed only one period of service in Iraq and that he elected to request the ICM for this period of service. Therefore, the applicant is not eligible to receive the GWOTEM for this same period of deployed service and it would not be appropriate to grant this portion of the requested relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 30 November 2003 DD...

  • ARMY | BCMR | CY2011 | 20110006014

    Original file (20110006014.txt) Auto-classification: Approved

    The applicant requests amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal (ICM) in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM). Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Army Regulation...