IN THE CASE OF:	  

		BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130004494 


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 Infantryman Badge and Driver and Mechanic Badge with Driver-W Bar (for wheeled vehicles).

2.  He states that although he was awarded these badges, they do not appear on his DD Form 214.  He attributes this oversight to administrative error.

3.  He provides permanent orders and a memorandum.

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.  Having prior New York Army National Guard (NYARNG) and U.S. Army Reserve (USAR) service, the applicant reenlisted in the NYARNG on 21 March 2000.  He was trained in and awarded military occupational specialty 11B (Infantryman).

3.  On 1 October 2003, he was ordered to active duty in support of Operation Iraqi Freedom.

4.  He was honorably released from active duty (REFRAD) on 3 February 2005 upon completion of 1 year, 4 months, and 3 days of creditable active service.  The DD Form 214 he was issued at the time of his REFRAD shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00" indicating he completed 0 years, 0 months, and 0 days of foreign service during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with M Device
* Army Service Ribbon

	c.  item 18 (Remarks) he served in Kuwait/Iraq from 13 May 2004 through 31 December 2004, a period of 7 months and 19 days.

5.  The applicant's record contains Office of the Adjutant General, State of New York, Latham, NY, Permanent Orders 142-703, dated 22 May 2005.  These orders show he was awarded the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity of service for the period 1 October 2003 through 3 February 2005.

6.  The applicant provides:

	a.  Headquarters, 1st Infantry Division, Forward Operating Base Danger, Tikrit, Iraq, Permanent Orders 359-30, dated 24 December 2004.  These orders show he was awarded the Combat Infantryman Badge for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom on 16 October 2004.

	b.  a memorandum rendered by the Commander, Bravo Company, 2nd Battalion, 108th Infantry Regiment, Forward Operating Base O'Ryan, Iraq, on 1 January 2005.  This memorandum shows the commander certified the applicant was authorized to receive the Driver and Mechanic Badge with Driver-W Bar in accordance with the provisions of Army Regulation 600-8-22 (Military Awards) and requested that he be awarded the badge.  He attested the applicant was a primary driver or trainer within the battalion who had occupied a duty position with the title of driver or assistant driver for 12 consecutive months, or had driven at least 8,000 miles with no motor vehicle accidents or traffic violations logged on his driver's record.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 contains guidance for preparation of the DD Form 214 and states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations; and

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and the Driver and Mechanic Badge with Driver-W Bar were carefully considered and determined to have merit.

2.  Permanent orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  The applicant's company commander verified he fulfilled the prerequisites for award of the Driver and Mechanic Badge with Driver-W Bar.  Therefore, he is entitled to have this badge added to his DD Form 214.

4.  Permanent orders awarded the applicant the Army Good Conduct Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.



5.  As a related issue, the applicant's DD Form 214 shows he deployed to Kuwait/Iraq from 13 May 2004 through 31 December 2004, a period of 7 months and 19 days.  Therefore, item 12f of his DD Form 214 should be corrected to show he served a total of 0 years, 7 months, and 19 days foreign service.

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.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  07  19"; and

	b.  adding the following to item 13 of his DD Form 214:

* Army Good Conduct Medal
* Combat Infantryman Badge
* Driver and Mechanic Badge with Driver-W Bar




      _______ _   __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)                                         AR20130004494





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ABCMR Record of Proceedings (cont)                                         AR20130004494



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