IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110010348
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Combat Action Badge (CAB), Iraq Campaign Medal (ICM) with three bronze service stars, and Parachutist Badge.
2. The applicant states:
* he served in combat in Iraq from March 2003 to October 2003
* he earned the CAB and ICM
* the Parachutist Badge is in his official military personnel file
3. The applicant provides no additional evidence.
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. On 3 November 2011, the applicant was notified by separate correspondence that:
a. He had not exhausted all administrative remedies available to him with regard to his request for the CAB. He was provided the necessary information to do so. His request for the CAB will not be discussed further in this Record of Proceedings.
b. He may receive either the Global War on Terrorism Expeditionary Medal (GWOTEM) or the ICM with two bronze service stars in recognition of his service in Iraq. He should notify the ABCMR in writing of his decision to receive the ICM with two bronze service stars or have the GWOTEM remain on his DD Form 214. If he did not respond within the given time frame the GWOTEM would remain on his DD Form 214. He did not respond within the given time frame. His request for the ICM will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 1 March 2001. He served as a laundry and textile specialist in Iraq from 10 March 2003 to 29 October 2003. On 1 April 2005, he was honorably discharged by reason of physical disability with severance pay.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* GWOTEM
* Global War on Terrorism Service Medal
5. Headquarters, U.S. Army Infantry Center, Permanent Orders 158-270, dated 7 June 2001, show he was awarded the Parachutist Badge.
DISCUSSION AND CONCLUSIONS:
Permanent orders show he was awarded the Parachutist Badge. His DD Form 214 should be corrected to show this badge.
BOARD VOTE:
___X___ ___X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the Parachutist Badge to item 13 of his DD Form 214.
___________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) AR20110010348
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ABCMR Record of Proceedings (cont) AR20110010348
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