IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130002665
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:
* 8 months and 26 days of foreign service
* award of the Combat Infantryman Badge (CIB)
2. The applicant states, in effect, the above omissions were due to clerical errors and he just noticed them.
3. The applicant provides:
* his DD Form 214
* Permanent 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 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 4 September 2001, the applicant enlisted in Regular Army and after completion of the training requirements he was awarded military occupational specialty 11B (Infantryman).
3. He submitted Permanent Orders Number 311-040, issued by Headquarters Combined/Joint Task Force -180, Operation Enduring Freedom, Bagram Airfield, Afghanistan, dated 7 November 2003, which show he was awarded the CIB for engaging in active ground combat during the period 30 August to 21 October 2003.
4. On 3 September 2004, he was honorably released from active duty after completing 3 years of active service. Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service.
5. Item 18 (Remarks) of his DD Form 214 shows "SERVICE IN AFGHANISTAN: 20030809 - 20040505 IMMINENT DANGER PAY AREA."
6. The applicant's Master Military Pay Account shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion from 8 August 2003 to 6 May 2004 for service in Afghanistan.
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214 and states in item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
9. Army Regulation 600-8-22 shows that the Overseas Service Ribbon is awarded for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant was awarded the CIB due to being engaged in active ground combat. Therefore, he is entitled to have his DD Form 214 corrected to show award of the CIB.
2. The applicant's records show he served in Afghanistan during the period
9 August 2003 to 5 May 2004, a period of 8 months and 27 days. Therefore, item 12f of his DD Form 214 should be corrected to show "0000 08 27."
3. The applicant's record shows he served a qualifying period of overseas service in Afghanistan from 9 August 2003 to 5 May 2004, a period of 8 months and 27 days for the Overseas Service Ribbon. Therefore, his DD Form 214 should be corrected to show award of the Overseas Service Ribbon.
4. The evidence of record shows the applicant served a qualifying period for award of the Army Good Conduct Medal (1st Award) during the period
4 September 2001 to 3 September 2004. There is also no record of any disciplinary action against the applicant and no record of a disqualification by his commander during this qualifying period of service. Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his
DD Form 214 to show this medal.
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:
a. awarding the applicant the Army Good Conduct Medal (1st Award) for the period 4 September 2001 to 3 September 2004;
b. deleting the entry in item 12f of his DD Form 214 and replacing it with the entry "0000 08 27"; and
c. adding to item 13 of his DD Form 214 the Combat Infantryman Badge, Army Good Conduct Medal (1st Award), and Overseas Service Ribbon.
_______ _ 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) AR20130002665
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002665
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110000889
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * three additional awards of the Army Commendation Medal (ARCOM) * one additional award of the Overseas Service Ribbon * award of the Afghanistan Campaign Medal * award of the Combat Infantryman Badge (CIB) * award of the Parachutist Badge * service in Afghanistan in...
ARMY | BCMR | CY2011 | 20110015433
Application for correction of military records (with supporting documents provided, if any). Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. His cumulative service in Iraq and Afghanistan also entitles him to award of the OSR and to have this award added to his DD Form 214.
ARMY | BCMR | CY2013 | 20130014766
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following: * award of: * Army Commendation Medal (ARCOM) (3rd Award) * Army Achievement Medal (AAM) * Iraq Campaign Medal (ICM) * Afghanistan Campaign Medal (ACM) * Overseas Service Ribbon (OSR) * North Atlantic Treaty Organization International Security Assistance Force (NATO-ISAF) Medal * Combat Infantryman Badge (CIB) * Royal Australian Army Parachutist Badge * Military...
ARMY | BCMR | CY2012 | 20120017402
His records contain a certificate, dated 23 September 2009, that shows he was awarded the Army Commendation Medal for meritorious service while assigned to the 1st Brigade Combat Team in support of Operation Iraqi Freedom from 2 February 2009 to 8 February 2010. However, his second period of service in Kuwait/Iraq from 10 February 2009 to 29 January 2010, a period of 11 months and 20 days, qualifies him for a second award of Overseas Service Ribbon and correction of his DD Form 214 to show...
ARMY | BCMR | CY2011 | 20110022507
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * in item 12f (Foreign Service) "0000" years, "11" months, and "20" days * in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) Combat Infantryman Badge (CIB) 2. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The evidence of record...
ARMY | BCMR | CY2013 | 20130014788
The applicant states: * everyone in his unit was awarded the CIB for actions during Operation Iraqi Freedom, but they were not provided the orders because they were deployed * his DD Form 214 does not show the Unit Armorer course or the TOW ITAS course * his DD Form 214 does not reflect his service in Korea from March 2002 to March 2003 or the KDSM he was awarded 3. There are no orders or any other evidence in the applicant's available records that show he was awarded the CIB. As a result,...
ARMY | BCMR | CY2010 | 20100018684
Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The applicant contends his DD Form 214 should be corrected to show the ARCOM, GWOTSM, OSR, ICM, and his foreign service. The evidence of record confirms the applicant completed 11 months and 28 days of service in Iraq with 1st Battalion, 22nd Infantry Regiment, 1st Brigade, 4th Infantry Division, from 4 December 2005 to 2 December 2006 as evidenced in the ARCOM Certificate...
ARMY | BCMR | CY2008 | 20080018402
Item 12f (Foreign Service) of the DD Form 214 he was issued at the time of his separation shows he completed 11 months and 6 days of foreign service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Afghanistan Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas Service...
ARMY | BCMR | CY2013 | 20130013024
The applicant requests correction of item 12 (Record of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment dates from 5 August 2003 to 10 April 2004. Based on his deployment to Kuwait from 7 August 2003 to 23 March 2004, he is eligible for award of the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award. As a result, the Board recommends that the DD Form 214 of the individual...
ARMY | BCMR | CY2012 | 20120007977
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 28 November 2005 to 18 November 2006 and awards of the: * Army Commendation Medal * Iraq Campaign Medal * Overseas Service Ribbon (2nd Award) 2. The applicant provides: * DD Form 214 * Unit deployment orders * DA Form 638 (Recommendation for Award) CONSIDERATION OF EVIDENCE: 1. Therefore, he is entitled to award of two bronze service stars with the...