IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100028521 


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:

   a.  his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 2006 be corrected to reflect the awards and decorations that are noted on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 2 January 2008; and 
   
   b.  his NGB Form 22 and DD Form 214 be corrected to reflect all State and Federal awards. 

2.  The applicant states some awards were authorized after he left his unit and returned from Iraq.  

3.  The applicant provides his DD Form 214 and NGB Form 22.

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.  With respect to correcting his NGB Form 22, paragraph 2-5, Army Regulation 15-185, the regulation under which this Board operates, states the Board will not consider any application if it determines that an applicant has not exhausted all administrative remedies available.  There is no evidence that the applicant submitted his request for correction of his NGB Form 22 to the State Adjutant General or the National Guard Bureau and he was denied relief.  Therefore, correction of his NGB Form 22 will not be further discussed in this Record of Proceedings.

3.  The applicant's records show he enlisted in the Regular Army on 21 January 1999 and held military occupational specialty 92A (Automated Logistics Specialist).  On 20 August 2002, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the:

* Army Lapel Button
* Army Achievement Medal (2nd Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

5.  He enlisted in the New York Army National Guard (NYARNG) effective 
21 August 2002 and he was assigned to the 102nd Maintenance Company, Brooklyn, NY.

6.  On 10 November 2004, he was ordered to active duty and subsequently served in Kuwait/Iraq from 8 January 2005 to 3 October 2006 in support of Operation Iraqi Freedom (OIF).  He was assigned to the Multi-National Force - Iraq (MNF-I).

7.  He was honorably released from active duty on 31 January 2006.  Item 13 of his DD Form 214 for this period shows the:


* Driver and Mechanic Badge 
* Joint Service Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Army Reserve Component Overseas Training Ribbon (2nd Award)
* Armed Forces Reserve Medal with "M" Device
* Parachutist Badge
* Global War on Terrorism Service Medal
* Iraq Campaign Medal

8.  A memorandum, issued by the Joint Staff, on 1 March 2006, announced award of the Joint Meritorious Unit Award to Headquarters, MNF-I, Iraq for meritorious achievement from 14 May 2004 to 15 December 2005.

9.  Army Regulation 600-8-22 prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation lists authorized awards and decorations and their order of precedence for entry on the DD Form 214.

10.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The Iraq Campaign Medal 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 wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

DISCUSSION AND CONCLUSIONS:  

1.  The available evidence shows the applicant's unit in Iraq was awarded the Joint Meritorious Unit Award when he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this award.
2.  The evidence shows he was awarded the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Iraqi Governance and National Resolution) during this period of service.  Therefore, he is entitled to award of two bronze service stars to be worn with the Iraq Campaign Medal and correction of his 
DD Form 214 to show these awards.

3.  State ribbons and State awards are not governed by, or listed in, Army Regulation 600-8-22.  Therefore, entry of State awards on the applicant's DD Form 214 is not authorized.  By regulation, only awards authorized by Army Regulation 600-8-22 are entered in item 13 of the DD Form 214.  

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 amending his DD Form 214 for the period ending 11 January 2006 by adding the:

* Joint Meritorious Unit Award
* Two bronze service stars to be affixed to his already-awarded Iraq Campaign Medal

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 State awards/ribbons.



      ____________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)                                         AR20100028521



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ABCMR Record of Proceedings (cont)                                         AR20100028521



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