BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130005785
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 Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM).
2. The applicant states these awards were not entered on his DD Form 214 due to his misunderstanding.
3. The applicant provides copies of:
* DA Form 4980-5-A (Certificate for award of the BSM)
* DA Form 4980-14 (Certificate for award of the ARCOM)
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 16 September 2004, the applicant entered active duty as a commissioned officer, Military Police (MP) Corps. He subsequently served in Iraq from
1 October 2006 to 19 December 2007.
3. On 10 April 2008, the applicant was discharged and appointed in the Massachusetts Army National Guard and as a Reserve of the United States Army.
4. The applicant's DD Form 214 ending on 10 April 2008 shows his awards as:
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
5. The DA Form 4980-5-A, as provided by the applicant, indicates that Permanent Orders Number 145-057D, 25th Infantry Division, dated 25 May 2007, announced award of the BSM to the applicant for his exceptionally meritorious service as an MP platoon leader in Iraq from 5 October 2006 to
5 October 2007.
6. The DA Form 4980-14, as provided by the applicant, indicates that Permanent Orders Number 071-002, 1st Air Cavalry Brigade, dated on or about 11 March 2008, announced award of the ARCOM to the applicant for his exceptionally meritorious service as a platoon leader and later as the Iraqi Police Service Development Operations Officer from 15 February 2005 to 10 April 2008.
7. 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). 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 certificates provided by the applicant include the orders numbers announcing his awards of the BSM and ARCOM. As such, these certificates are sufficient evidence to add these awards to his DD Form 214.
2. The available evidence clearly shows that the applicant served in Iraq from
1 October 2006 to 19 December 2007 and therefore is authorized to wear two bronze service stars on his already-awarded Iraq Campaign Medal.
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 from his DD Form 214 and
b. showing in addition to the awards already shown on his DD Form 214:
* Bronze Star Medal
* Army Commendation Medal
* 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) AR20130005785
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ABCMR Record of Proceedings (cont) AR20130005785
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