IN THE CASE OF:
BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120007509
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 award of the Combat Action Badge and Army Commendation Medal with "V" Device.
2. He states these awards were not listed upon separation from active duty.
3. He provides Permanent Orders C290-78, issued by Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne) Fort Bragg, NC, dated 17 Oct 2005.
4. He also indicated on his application that he was submitting a recommendation for the Army Commendation Medal; however, this document was not received with his application.
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 8 December 2006, the applicant, a U.S. Army Reserve (USAR) Soldier, was ordered to active duty in support of Operation Enduring Freedom. His military occupational specialty was 56M (Chaplain Assistant).
3. His record contains an Army Commendation Medal certificate that shows Permanent Orders 119-05, issued by Headquarters, Task Force Dragon, Multi-National Corps - Iraq, Baghdad, Iraq, dated 29 April 2005, awarded him the Army Commendation Medal for meritorious service as the Chaplain Assistant during Operation Iraqi Freedom on 29 April 2005.
4. His record contains Permanent Orders C290-78, dated 17 October 2005, awarding him the Combat Action Badge for actively engaging or being engaged by the enemy on 6 October 2004.
5. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 21 March 2008 at the completion of required active service and he was transferred back to his USAR unit. He completed 1 year, 3 months, and 14 days of net active service during this period. The DD Form 214 he was issued at time shows, among other awards, the Army Commendation Medal (2nd Award). It does not list the Combat Action Badge.
6. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Commendation Medal with "V" Device by proper authority.
7. Army Regulation 600-8-22 (Military Awards) states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with certain awards, including the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the Combat Action Badge. Therefore, his DD Form 214 for the period ending 21 March 2008 should be corrected to show this award.
2. His record contains orders confirming one award of the Army Commendation Medal. His DD Form 214 shows he has two awards of the Army Commendation Medal. He stated he submitted a recommendation for the Army Commendation Medal; however, there was none with his application. There is no evidence he was awarded the Army Commendation Medal with "V" Device. Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
3. In view of the foregoing, the applicant's DD Form 214 for the period ending 21 March 2008 should be corrected as recommended below.
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 to his DD Form 214 for the period ending 21 March 2008 the Combat Action Badge.
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 Army Commendation Medal with "V" Device to his DD Form 214 for the period ending 21 March 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) AR20120007509
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ABCMR Record of Proceedings (cont) AR20120007509
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