IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120004094
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 award of the Combat Action Badge.
2. The applicant states, in effect, the DA Form 4187 (Personnel Action) shows he was awarded the Combat Action Badge.
3. The applicant provides a copy of a DA Form 4187, dated 4 July 2008.
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, an Army National Guard (ARNG) specialist, was ordered to active duty on 19 July 2007, served in Iraq from 2 October 2007 through 7 July 2008, and was released from active duty on 28 July 2008.
3. A DA Form 4187, dated 7 July 2008, shows that the applicant was approved for award of the Combat Action Badge by the Commanding General, Multi-National Division (Baghdad) and 4th Infantry Division (Main).
4. Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, Permanent Orders Number 168-083, dated 16 June 2008, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 19 April 2008.
5. The applicant's DD Form 214 for the period ending 28 July 2008 does not show award of the Combat Action Badge.
DISCUSSION AND CONCLUSIONS:
The applicant's award of the Combat Action Badge was omitted from his DD Form 214. It is appropriate to correct this omission.
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 award of the Combat Action Badge to the applicant's DD Form 214 for the period ending 28 July 2008.
__________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) AR20120004094
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ABCMR Record of Proceedings (cont) AR20120004094
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