BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130017783
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 Combat Infantryman Badge (CIB) and two awards of the Army Commendation Medal (ARCOM).
2. The applicant states:
a. He understands during time of war and readiness that paperwork might get lost and a Soldier's unit may have more important issues to deal with than correcting a Soldier's service record.
b. He believes the record to be in error because awards he earned should be entered on his official discharge document.
3. The applicant provides:
* DD Form 214
* CIB orders
* two DA Forms 638 (Recommendation for Award)
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 enlisted in the Regular Army on 8 October 2002 and trained as an infantryman. He served in Kuwait/Iraq from 9 March 2003 to 15 July 2003.
3. Headquarters, 3d Brigade, 3d Infantry Division (Mechanized), Permanent Order Number 123-1, dated 3 May 2003, shows he was awarded the CIB.
4. Headquarters, 1st Brigade, 3d Infantry Division (Mechanized), Permanent Order Number 133-146, dated 13 May 2003, shows he was awarded the ARCOM for meritorious achievement on 21 January 2003.
5. He served in Kuwait/Iraq from 14 January 2005 to 8 August 2005.
6. Headquarters, 3d Brigade, 3d Infantry Division (Mechanized), Permanent Order Number 300-012, dated 27 October 2005, shows he was awarded the ARCOM with 1st Oak Leaf Cluster for meritorious service during the period 18 January 2005 to 31 December 2005.
7. On 7 July 2006, he was discharged under honorable conditions (general).
8. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* Army Service Ribbon
9. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom. 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns are:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)
10. Army Regulation 600-8-22 provides that an oak leaf cluster or numeral device will be awarded for each succeeding act or period of meritorious service or achievement that justifies the award of a decoration (e.g., one oak leaf cluster represents the second award).
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded two ARCOM's and the CIB. Therefore, his DD Form 214 should be corrected to show these awards.
2. He received the GWOTEM for his first tour of duty in Kuwait/Iraq in 2003. However, based on his second tour of duty in Kuwait/Iraq in 2005 and participation in one campaign, he is authorized award of the ICM with one bronze service star. Therefore, his DD Form 214 should be corrected to show this award.
BOARD VOTE:
___X_____ __X______ _X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the ARCOM (2nd Award), ICM with one bronze service star, and CIB to his DD Form 214.
___________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) AR20130017783
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ABCMR Record of Proceedings (cont) AR20130017783
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