IN THE CASE OF:
BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120017993
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Combat Action Badge (CAB).
2. The applicant states that his award of the CAB is not reflected on his
DD Form 214.
3. The applicant provides a copy of documents awarding him the CAB and his deployment orders.
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 19 February 2004 for a period of 3 years and training as a food service specialist. He completed his training and was deployed to Afghanistan on 10 February 2006.
3. On 30 August 2006, his commanding general (CG) approved the award of the CAB for the applicant engaging the enemy on 28 April 2006.
4. The applicant departed Afghanistan on 3 June 2007 and was transferred to Fort Drum, New York where he remained until he was honorably released from active duty (REFRAD) on 9 September 2007. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Afghanistan Campaign Medal (ACM), Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the NATO Medal.
5. A review of his official records also show that he was awarded the Army Achievement Medal (AAM) in Permanent Orders Number 325-003 issued on 23 October 2005 by the 4th Battalion, 25th Field Artillery at Fort Drum.
6. His record is void of any derogatory information and there is no documented record of a disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states:
a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. A minimum of 12 months enlisted service is required and must have been completed for first award of the AGCM; otherwise, the full 3 years of qualifying enlisted service is required.
b. A bronze service star is authorized for wear on the ACM for participation in each credited campaign. Approved designated Afghanistan campaigns are:
* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to show that he was awarded the CAB for engaging the enemy in Afghanistan.
2. Additionally, he was awarded the AAM and is entitled to have that award added to his DD Form 214.
3. His DD Form 214 confirms he served honorably from 19 February 2004 through 9 September 2007. There is no record of a disqualification that would have precluded him from receiving the first award of the AGCM. As such, it would be appropriate to award him the AGCM for the period 19 February 2004 through 18 February 2007.
4. The applicant also served in Afghanistan during the Consolidation I and Consolidation II campaigns. As a result, he is entitled to wear to two bronze service stars on his ACM.
5. Accordingly, his DD Form 214 should be corrected to show those awards.
BOARD VOTE:
____x___ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the AGCM (1st Award) for the period 19 February 2004 through 18 February 2007 and
b. adding the following awards to his DD Form 214:
* CAB
* AAM
* AGCM (1st Award)
* two bronze service stars to be affixed to his previously-awarded ACM
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20120017993
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ABCMR Record of Proceedings (cont) AR20120017993
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