IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110016780
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 Army Commendation Medal, Navy Achievement Medal, and Navy Unit Commendation.
2. The applicant states the awards are not included on his DD Form 214. He has been working and raising a family. He served with honor and dignity and would like to be able to wear the awards with pride.
3. The applicant provides copies of:
* his DD Form 214
* DA Form 638 (Recommendation for Award)
* Navy Personnel Command letter
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, a U.S. Army Reserve sergeant with over 11 years of prior active service, last entered active duty on 14 February 2003.
3. His record contains a DA Form 2166-8 (NCO Evaluation Report) for the period February through September 2003 showing he was performing duty as a civil affairs sergeant in the 304th Civil Affairs Battalion in Kuwait and Iraq.
4. He was released from active duty on 30 December 2003 as a sergeant/E-5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized) of his DD Form 214 shows the Army Achievement Medal, Army Reserve Components Achievement Medal, National Defense Service Medal (2nd Award), Armed Forces Reserve Medal, Army Service Ribbon, and Combat Medical Badge. Item 18 (Remarks) shows "SERVICE IN IRAQ 20030416 TO 20030928."
5. In support of his request, the applicant provides copies of:
a. a completed DA Form 638 showing he was awarded the Army Commendation Medal for the period 14 February to 15 September 2003 by Permanent Order Number 263-01 issued by 304th Civil Affairs Brigade on 20 September 2003 and
b. a Navy Personnel Command letter, dated 26 March 2010, which states, "the applicant was attached to the U.S. Marine Corps, 3rd Battalion, 7th Marine Regiment, during Iraqi Freedom. The applicant is entitled to the Navy Achievement Medal and the Navy Unit Commendation Ribbon."
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom (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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns relevant to the applicant's service in Iraq are the Liberation of Iraq (19 March 2003 through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Army Commendation Medal.
2. He served during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars.
3. His DD Form 214 should be corrected to show these awards.
4. Although the applicant provides a copy of a Navy Personnel Command letter stating he is entitled to the Navy Achievement Medal and Navy Unit Commendation Ribbon, there are no available orders announcing the applicant was awarded the medal or evidence he was assigned to a unit during the period it was awarded the ribbon.
BOARD VOTE:
_______ _________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 adding the following awards to item 13 of his DD Form 214:
* Army Commendation Medal
* Iraq Campaign Medal with two bronze service stars
2. The Board further determined 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 adding the Navy Achievement Medal and the Navy Unit Commendation Ribbon to 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) AR20110009264
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016780
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