IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130003545
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 he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states he served in Iraq as an infantryman in an infantry unit. He contends that his former company commander and his former squad leader have identified him as being part of the unit. He adds that he deserves the CIB for fighting for his country with his unit.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), Memorandum for Record, and a third-party letter.
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 enlisted in the Regular Army on 7 June 2001. He was awarded military occupational specialty 11B (Infantryman) upon completion of initial entry training.
3. His Enlisted Record Brief indicates he completed an overseas tour in Korea.
4. Permanent Orders Number 231-006, dated 19 August 2002, issued by 1st Battalion, 503rd Infantry Regiment, awarded him the Army Achievement Medal (AAM) for service during the period 1 November 2001 to 28 October 2002.
5. Permanent Orders Number 174-15, dated 23 June 2003, issued by Headquarters, 4th Infantry Division, awarded him the CIB for service during the period 22 May - 5 June 2003.
6. He was discharged on 10 June 2006. His DD Form 214 shows in:
a. block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
b. block 18 (Remarks) he served in Iraq from 5 April 2003 to 4 April 2004
(12 months).
7. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for award of the Overseas Service Ribbon for successful completion of overseas tours.
8. According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show he was awarded the CIB for service during the period 22 May - 5 June 2003. Therefore, his DD Form 214 should be corrected to show this award.
2. Evidence also shows he was awarded the AAM during his period of active duty service. Therefore, this award should be added to his DD Form 214.
3. He was awarded the Overseas Service Ribbon for his service in Korea. However, he completed 12 continuous months in Iraq. Therefore, he is entitled to the Overseas Service Ribbon (2nd Award) and correction of his DD Form 214 to show this award.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 deleting the Overseas Service Ribbon from his DD Form 214 and adding to his DD Form 214 the Army Achievement Medal, Combat Infantryman Badge, and Overseas Service Ribbon (2nd Award).
__________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) AR20130003545
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ABCMR Record of Proceedings (cont) AR20130003545
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