IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012851
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 awards of the Bronze Star Medal (BSM), Global War on Terrorism Expeditionary Medal (GWOTEM), National Defense Service Medal (NDSM) (2nd Award), and the Armed Forces Reserve Medal (AFRM) with "M" Device.
2. The applicant states, in effect, that he was awarded the BSM, AFRM with "M" Device, NDSM (2nd Award), and the GWOTEM; however, they were not included on his DD Form 214 at the time of his release from active duty (REFRAD).
3. The applicant provides a copy of his DD Form 214 his award certificate and recommendation for award of the BSM, memorandum awarding him the AFRM with M Device, memorandum awarding him the NDSM, and a memorandum awarding him the GWOTEM.
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 was serving in the Georgia Army National Guard (GAARNG) when he was ordered to active duty on 22 February 2003 in support of Operation Enduring Freedom. He deployed to Kuwait, Iraq, and Afghanistan during the period 26 March 2003 15 March 2004.
3. Headquarters, Combined Joint Task Force -180, issued Permanent Order Number 81-042 on 21 March 2004. This order shows he was awarded the BSM for meritorious service in Afghanistan from 25 March 2003 to 24 March 2004.
4. On 21 April 2004, he was honorably released from active duty (REFRAD) due to completion of required service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Achievement Medal (2nd Award), Army Good Conduct Medal (2nd Award), NDSM (2nd Award), GWOTEM, AFRM with M Device, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and Army Lapel Button
(2nd Award) (Army Regulation 600-8-22 (Military Awards) states no Soldier will be awarded more than one Army Lapel Button).
5. The applicants DD Form 214 already contains awards of the NDSM
(2nd Award), GWOTEM, and the AFRM with "M" Device. Accordingly, there appears to be no further basis to discuss those awards in these proceedings.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to show that he was awarded the BSM for meritorious service in Permanent Orders Number 81-042, dated
21 March 2004. Accordingly, this award should be added to his DD Form 214.
2. Army Regulation 600-8-22 states not more than one award of the Army Lapel Button will be awarded to a Soldier. However, it is the policy of the ABCMR not to make the applicant worse off. As such, no correction will be made.
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 adding the award of the BSM to his DD Form 214, dated 21 March 2004.
____________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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