BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110002609
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge.
2. He states the Combat Action Badge was issued after he was discharged. His DA Form 2173 (Statement of Medical Examination and Duty Status) shows his combat status.
3. He provides:
* DA Form 2173
* DD Form 214
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 military record shows that while serving as a member of the West Virginia Army National Guard (WVARNG) he was ordered to active duty in support Operation Iraqi Freedom. He entered active duty on 7 December 2003. He served in Iraq from 16 February 2004 through 20 February 2005. He was honorably released from active duty on 18 April 2005 and he was returned to his home unit.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:
* Purple Heart
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Driver and Mechanic Badge with Mechanic Bar
4. Permanent Order 306-113, issued by the State of West Virginia, Adjutant General's Department, Charleston, WV, dated 2 November 2005, awarded him the Combat Action Badge for service from 16 February 2004 to 20 February 2005.
5. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
6. According to the Awards Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Combat Action Badge. Therefore, he is entitled to correction to his DD Form 214 to show this award.
2. The applicant served in Iraq during a qualifying period for entitlement to the Overseas Service Ribbon. Therefore, his DD Form 214 should be corrected to show 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 adding to Item 13 of his DD Form 214 the Combat Action Badge and the Overseas Service Ribbon.
_________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) AR20110002609
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