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 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 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 Officers 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 applicants 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 applicants 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 applicants 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
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100022282
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