Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130004593
Original file (20130004593.txt) Auto-classification: Approved

		

		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.



ABCMR Record of Proceedings (cont)                                         AR20130004593





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004593



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140006444

    Original file (20140006444.txt) Auto-classification: Approved

    The applicant requests correction of his record to show he was awarded the Afghanistan Campaign Medal with two campaign stars (correctly known as bronze service stars) and the Iraq Campaign Medal with bronze service star. The applicant states: * his number of bronze service stars were switched * Item 19b of his DD Form 214 is incorrect because his ex-wife was not his nearest relative at the time he was released from active duty 3. The Afghanistan Campaign Medal period of eligibility is on...

  • ARMY | BCMR | CY2012 | 20120021634

    Original file (20120021634.txt) Auto-classification: Approved

    Therefore, his DD Form 214 should be corrected to show this unit award. However, evidence shows he participated in two campaigns during his service in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Iraq Campaign Medal with campaign star, and b. adding to his DD Form 214 the: * Iraq Campaign Medal with two bronze service stars * Meritorious Unit...

  • ARMY | BCMR | CY2009 | 20090017351

    Original file (20090017351.txt) Auto-classification: Approved

    The applicant states: * he served 12 months in Korea from June 1982 to June 1983 * he served at the beginning of the war and reported to Kuwait on 2 March 2003 * he entered Iraq on or about 3 May 2003 prior to being evacuated to Landstuhl Army Hospital for surgery on 3 July 2003 * he received a Legion of Merit on 6 October 2003 but it is not on his DD Form 214 3. Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the...

  • ARMY | BCMR | CY2012 | 20120000759

    Original file (20120000759.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 26 July 2012 DOCKET NUMBER: AR20120000759 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release of Discharge from Active Duty) to show his campaign medal received for his service performed in support of Operation Iraqi Freedom (OIF). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214,...

  • ARMY | BCMR | CY2011 | 20110011146

    Original file (20110011146.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 1 December 2011 DOCKET NUMBER: AR20110011146 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Armed Forces Reserve Medal with “M” Device. As a result, the Board recommends that all Department...

  • ARMY | BCMR | CY2010 | 20100012646

    Original file (20100012646.txt) Auto-classification: Approved

    Headquarters, 160th SOAR, Permanent Order Number 221-6, dated 8 August 2008, shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service during the period 25 February 2005 to 18 July 2008. 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). Evidence of record shows the applicant was awarded the Army Commendation Medal (First Oak...

  • ARMY | BCMR | CY2010 | 20100026000

    Original file (20100026000.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) and one bronze service star to be affixed to the Iraq Campaign Medal (ICM). The applicant states: * The ARCOM award certificate is in iPERMS [interactive Personnel Electronic Records Management System] but not shown on his DD Form 214 * He is entitled to one bronze service star for participation in the National Resolution campaign...

  • ARMY | BCMR | CY2014 | 20140007491

    Original file (20140007491.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 4 December 2014 DOCKET NUMBER: AR20140007491 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she earned one bronze service star instead of two with her Iraq Campaign Medal (ICM). Her record shows she was awarded the Army Achievement Medal (AAM) for meritorious service in support of OIF during the period 28 April - 31 October 2009.

  • ARMY | BCMR | CY2010 | 20100026006

    Original file (20100026006.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 5 May 2011 DOCKET NUMBER: AR20100026006 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the: * Army Commendation Medal * Iraq Campaign Medal with...

  • ARMY | BCMR | CY2010 | 20100017344

    Original file (20100017344.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation (MUC) and three bronze service stars to be affixed to his Iraq Campaign Medal (ICM). The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the MUC and...