IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012582
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 or Release or Discharge from Active Duty) to show award of the Bronze Star Medal (BSM) and Meritorious Unit Commendation (MUC).
2. The applicant states the BSM was erroneously omitted from his DD Form 214 and his unit was awarded the MUC after his retirement from active duty.
3. The applicant indicates he provides copies of orders for the BSM and MUC; however, neither of these orders was included with his application when it was received by the staff of the Board.
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's military record shows he entered active duty as Reserve commissioned officer on 3 October 1985 following prior military service. He continuously served on active duty until he retired on 31 August 2005.
3. His DD Form 214 shows his last duty assignment as Headquarters and Headquarters Company, 1st Calvary Division. It also shows he completed a total of 20 years and 25 days of creditable active duty service.
4. His Army Military Human Resource Record contains a BSM Certificate announcing award of the BSM for exceptionally meritorious service as a member of the 1st Cavalry Division while deployed in support of Operation Iraqi Freedom II during the period 3 March 2004 to 15 March 2005. It also shows this award was announced in Permanent Orders Number 045-42, dated 14 February 2005.
5. His DD Form 214 shows award of the Iraq Campaign Medal; but, does not show award of the BSM or MUC.
6. U.S. Army Human Resources Command published Permanent
Orders 322-19, dated 18 November 2011, announcing award of the MUC to Headquarters and Headquarters Company, 1st Calvary Division, for exceptionally meritorious service during the period 15 April 2004 to 7 February 2005.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include:
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he was awarded or authorized the BSM and MUC. The evidence of record includes permanent orders awarding the applicant the BSM. It also includes permanent orders awarding his unit, Headquarters and Headquarters Company, 1st Cavalry Division, the MUC during his assignment with this unit. Neither of these awards is currently shown on his DD Form 214.
2. Records show the applicant participated in two campaigns while serving in Iraq. Therefore, he is authorized two bronze service stars for wear on his Iraq Campaign Medal.
3. In view of the above, his request should be granted.
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 the following awards to his DD Form 214:
* Bronze Star Medal
* Meritorious Unit Commendation
* Two bronze service stars to be added to his already-awarded Iraq Campaign Medal
_______ _ 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) AR20120012582
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ABCMR Record of Proceedings (cont) AR20120012582
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