BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130004593
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 the Meritorious Service Medal. (His request to correct the length of the Combat Casualties and the Chemical and Biological Casualties courses has been accomplished by the issuance of a DD Form 215 (Correction to DD Form 214) and will not be further discussed. A copy will be provided to him.)
2. The applicant states the Meritorious Service Medal was finalized after his DD Form 214 was prepared and he failed to properly review the DD Form 214.
3. The applicant provides copies of his:
* DD Form 214
* DA Form 638 (Recommendation for Award) for the Meritorious Service Medal
* Award Certificate for the Meritorious Service Medal with order number
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 served on active duty from 12 January 2005 to 1 August 2008 as a Regular Army nurse.
3. He was discharged as a captain (pay grade 0-3). His DD Form 214 lists his awards as the Bronze Star Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with Campaign Star, Army Service Ribbon, and the Overseas Service Ribbon.
4. Item 18 (Remarks) of the DD Form 214 shows he served in Iraq from
14 September 2006 through 20 November 2007.
5. The documents submitted by the applicant show he was awarded the Meritorious Service Medal by the XVIIIth Airborne Corps and Fort Bragg, NC under Permanent Order Number 168-012, dated 16 June 2008.
6. 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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include:
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Meritorious Service Medal. It is not listed on his DD Form 214.
2. The applicant served in Iraq during two designated campaigns and is authorized two bronze service stars for wear on the Iraq Campaign Medal.
3. The above awards should be shown on his DD Form 214.
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:
a. deleting the Iraq Campaign Medal with Campaign Star from his 1 August 2008 DD Form 214; and
b. adding to the DD Form 214 the Meritorious Service Medal and the Iraq Campaign Medal with two bronze service stars.
_______ _ 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.
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