IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002745
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 Infantryman Badge (CIB). He also requests award of the Iraq Medal of Commitment and correction of his DD Form 214 to show this award.
2. The applicant states he received the award of the CIB on 31 August 2005 and it was omitted from his DD Form 214. He also states he qualifies for award of the Iraq Medal of Commitment and desires to be awarded that award.
3. The applicant provides:
* his DD Form 214
* Permanent Orders Number 243-46, issued by Headquarters, 3rd Infantry Division, Camp Liberty, Baghdad, Iraq, dated 31 August 2005
* a letter from the Iraq Minister of Defense to the U.S. Secretary of Defense, dated 6 December 2011
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 enlisted in the Regular Army on 12 August 2003 for a period of 4 years, training under the airborne infantry ranger training option, and a $7,000.00 enlistment bonus. He completed his training at Fort Benning, GA and he was transferred to Fort Stewart, GA.
3. Permanent Orders Number 243-46, dated 31 August 2005, awarded the applicant the CIB for participating in ground combat operations under enemy hostile fire on 20 March 2005 in support of Operation Iraqi Freedom III.
4. On 7 September 2005 the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 6-3b due to hardship. He completed 2 years and 26 days of creditable active service. The DD Form 214 he was issued at the time does not show award of the CIB.
5. The applicant provided a letter from Iraq Minister of Defense to the U.S. Secretary of Defense, dated 6 December 2011, announcing the Government of Iraq approved the issuance of the Government of Iraq Commitment Medal to military personnel who served in Iraq during the period 19 March 2003 to
31 December 2011. However, there is no evidence to show the proposed medal has been approved by the Secretary of Defense and incorporated into Army Regulation 600-8-22 (Military Awards).
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Combat Infantryman Badge. Therefore, his DD Form 214 should be corrected to show this award.
2. However, there is no evidence and the applicant has not provided any evidence that shows the Government of Iraq Commitment Medal has been approved and authorized for award to U.S. Forces who served in Iraq during the specified period. Therefore, in the absence of such evidence, there is no basis for granting this portion of the applicant's requested relief.
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 adding to his DD Form 214 the Combat Infantryman Badge.
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 award him the Government of Iraq Commitment Medal and adding it 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) AR20120002745
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