BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018607
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 that his awards of the Air Medal and the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his awards of the Air Medal and ARCOM were not added to his DD Form 214.
3. The applicant provides his Air Medal and ARCOM orders.
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 Tennessee Army National Guard (TNARNG) when he was ordered to active duty in support of Operation Iraqi Freedom on 10 August 2004. He deployed to Iraq during the period 20041028 20051017.
3. On 24 November 2005, 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:
* Aircraft Crewmans Badge
* Combat Action Badge
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Armed Forces Reserve Medal with M Device
* Global War on Terrorism Service Medal
* Iraq Campaign Medal.
4. The applicant provided a copy of his Air Medal Certificate showing it was awarded by Permanent Orders Number 258-035D, dated 15 September 2005; a
copy of his ARCOM Certificate showing it was awarded by Permanent Orders 310-07, dated 6 November 2005; and a copy of his ARCOM Certificate showing it was awarded by Permanent Order 182-78, dated 1 July 2005.
5. 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). The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include:
* 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)
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to show that he was awarded the Air Medal and two awards of the ARCOM; therefore, his DD Form 214 should be corrected to show these awards.
2. Additionally, he served in one campaign and is entitled to one bronze service star for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 to show this bronze service star.
BOARD VOTE:
___X_____ ___X_____ __X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 Iraq Campaign Medal;
b. adding to his DD Form 214 the:
* Iraq Campaign Medal with one bronze service star
* Air Medal
* Army Commendation Medal (2nd Award)
_________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) AR20130018607
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ABCMR Record of Proceedings (cont) AR20130018607
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