IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016677
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, Combat Action Badge (CAB), Army Commendation Medal (ARCOM), Army Reserve Components Achievement Medal (ARCAM), and Certificate of Wartime Service.
2. The applicant states her awards of the Purple Heart, CAB, ARCOM, ARCAM, and Certificate of Wartime Service are not reflected on her DD Form 214 because they were not available at the time her DD Form 214 was prepared.
3. The applicant provides copies of her DD Form 214, Purple Heart Certificate, ARCOM Certificate and DA Form 638 (Recommendation for Award), CAB orders, and Certificate of Wartime Service.
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 discharged from the Massachusetts Army National Guard on 15 September 1998 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
3. On 25 July 2002, the applicant was awarded the ARCAM by Headquarters, 743d Port Operations Cargo Detachment.
4. On 5 January 2004 she was ordered to active duty for a period of 545 days in support of Operation Iraqi Freedom.
5. Permanent Orders Number 356-002, dated 21 December 2004, awarded the applicant the Purple Heart for wounds received in action on 10 November 2004.
6. She was apparently released from active duty on 29 March 2005. A DD Form 214 for this period is not available.
7. The applicant was again ordered to active duty on 3 June 2009 in support of Operation Iraqi Freedom and deployed to Iraq during the period 16 July 2009 through 26 May 2010.
8. Headquarters, 96th Sustainment Brigade, Camp Taji, Iraq, Permanent Orders Number 010-01, dated 25 January 2010, awarded the applicant the ARCOM for the period 16 July 2009 to 14 May 2010.
9. U.S. Army Human Resources Command Permanent Orders Number 305-09 awarded the applicant's unit the Meritorious Unit Commendation (MUC).
10. On 18 July 2010, she was honorably released from active duty. Her DD Form 214 for this period shows she was awarded or authorized the Iraq Campaign Medal with three bronze service stars, ARCOM, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with "M" Device, and CAB.
11. A review of the applicant's records shows only one award of the ARCOM (copy provided by applicant).
12. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for preparation of the DD Form 214. It provided that only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her awards of the ARCOM and CAB should be added to her DD Form 214 was noted and appears to lack merit. Both the ARCOM and CAB are already entered on her DD Form 214. Accordingly, these awards will not be discussed further in this Record of Proceedings.
2. The applicant's contention that her Certificate of Wartime Service should be entered on her DD Form 214 was noted and found to lack merit. Certificates are not entered on the DD Form 214.
3. However, her contention that her awards of the Purple Heart and ARCAM should be entered on her DD Form 214 was noted and found to have merit. She was properly awarded both awards and is entitled to have them entered on her DD Form 214.
4. Additionally, the applicant's unit was awarded the MUC during the period she served with the unit and she is authorized to have this unit award added to her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 award of the Purple Heart, ARCAM, and MUC to her DD Form 214 for the period ending 18 July 2010.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding her Certificate of Wartime Service to her DD Form 214.
3. The Board wants the applicant and all others to know the sacrifices she made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ 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) AR20130016677
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ABCMR Record of Proceedings (cont) AR20130016677
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