IN THE CASE OF:	

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110012855


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 show the Combat Action Badge (CAB).

2.  The applicant states he was authorized and awarded the CAB, but it is not annotated on his DD Form 214.

3.  The applicant provides:

* memorandum, Headquarters, 1st Cavalry Division, dated 4 November 2005, subject: Approval of CAB for 1st Brigade Combat Team, 1st Cavalry Division
* Permanent Orders Number 241-167, Headquarters, 1st Cavalry Division, dated 29 August 2004
* 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 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 enlisted in the Regular Army on 28 May 2002.  He completed training and he was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  His record shows he twice deployed to Iraq in support of Operation Iraqi Freedom (OIF), from 13 March 2004 through 14 March 2005, and from              28 October 2006 through 18 January 2008.  During both deployments he was assigned to 1st Battalion, 82nd Field Artillery Regiment, 1st Brigade Combat Team, 1st Cavalry Division.

4.  Permanent Orders Number 241-167, Headquarters, 1st Cavalry Division, dated 29 August 2004, awarded him the CAB, for being personally present and being actively engaged by enemy fire during the period 4 August through          14 August 2004.

5.  On 27 April 2008, he was honorably released from active duty and transferred to the U.S. Army Reserve for the remainder of his service obligation.  His DD Form 214 shows he completed 5 years and 11 months of net active service during this period, including 3 years, 3 months, and 10 days of foreign service.

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

* Army Commendation Medal 
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal 
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Driver and Mechanic Badge with Mechanic Bar 
* Basic Marksmanship Qualification Badge

   b. Item 18 (Remarks) of his DD Form 214 contains the entries "Service in Iraq 20040313 – 20050314" and "Service in Iraq 20061028 – 20080118."

6.  A review of his record indicates he is entitled to additional awards which are not shown on his DD Form 214.

7.  His record shows he was awarded 2 awards of the Army Commendation Medal:

* Permanent Orders Number 358-130, 1st Brigade, 1st Cavalry Division, dated 23 December 2004, awarded him the Army Commendation Medal for meritorious service during the period 15 March 2004 through 15 March 2005
* Permanent Orders Number 099-002, 1st Brigade, 1st Cavalry Division, dated 9 April 2008, awarded him the Army Commendation Medal for meritorious service during the period 23 December 2003 through            19 December 2008 

8.  Permanent Orders Number 134-65, Headquarters, 1st Battalion, 82nd Field Artillery Regiment, dated 13 May 2004, awarded him the Driver and Mechanic Badge with Driver - W Bar (for wheeled vehicles), for the period 1 May 2003 through 30 April 2004.

9.  Army Regulation 600-8-22 states that the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  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.  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.  Permanent orders awarded him the CAB during his service in Iraq, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Permanent orders awarded him 2 awards of the Army Commendation Medal, only one of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this additional award.

3.  Permanent orders awarded him the Driver and Mechanic Badge with Driver - W Bar, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows he served in Iraq on 2 occasions during           4 separate campaigns; however, because his first period in Iraq coincides with    2 of the 4 campaigns he participated in, reflected in his award of the GWOTEM, he is only entitled to have the remaining 2 campaigns represented on his Iraq Campaign Medal.  Accordingly, he is entitled to 2 bronze service stars for wear on his Iraq Campaign Medal and correction of his DD Form 214 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 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 amending item 13 of his DD Form 214 to delete the Iraq Campaign Medal and add the Combat Action Badge, Army Commendation Medal (2nd Award), Driver and Mechanic Badge with Driver - W Bar, and the Iraq Campaign Medal with      2 bronze service stars.



      ___________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20110012855



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