IN THE CASE OF
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130018022
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 his award of the Combat Infantryman Badge, the Army Commendation Medal, and his second Army Achievement Medal be added to his DD Form 214 (Certificate of Release or Discharge this Active Duty).
2. The applicant states he believes the awards were omitted from his DD Form 214 due to his being in a stop- loss status.
3. The applicant provides copies of his DD Form 214, an Army Commendation Medal and two Army Achievement Medal award certificates, and one page of a unit history.
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 in the Regular Army from 21 May 2001 through
25 January 2005 in military occupational specialty 11B (Infantryman). He served in Kuwait and Iraq from 14 November 2003 through 3 November 2004.
3. Permanent Order Number 079-24 issued by 1st Battalion, 9th Infantry, dated 20 March 2002, awarded the applicant the AAM for meritorious achievement for the period 18 February 2002 to 13 March 2002.
4. Permanent Order Number 296-01, issued by the same command, dated
23 October 2002, awarded the applicant the AAM for meritorious service for the period 6 December 2001 to 5 December 2002.
5. Permanent Order Number 231-234, issued by Headquarters, 3rd Brigade, 2nd Infantry Division, dated 20 August 2004, awarded the applicant the ARCOM for meritorious service for the period 15 November 2003 to 14 October 2004.
6. Permanent Order Number 35-883 issued by Headquarters, 101st Airborne Division, dated 4 February 2004, awarded the applicant the CIB effective
4 February 2004.
7. The applicant's DD Form 214 lists the his awards as the:
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Korea Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army Good Conduct Medal
* Overseas Service Ribbon
DISCUSSION AND CONCLUSIONS:
The applicant's award of the ARCOM, a second AAM, and the CIB were omitted from the his DD Form 214. Therefore, it would be appropriate at this time to correct his DD Form 214 to show these additional awards.
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 from his DD Form 214 the Army Achievement Medal
b. adding to his DD Form 214 the:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Combat Infantryman Badge
____________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) AR20130018022
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ABCMR Record of Proceedings (cont) AR20130018022
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