IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130020982
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 Bronze Star Medal (BSM) for his service in Iraq.
2. The applicant states the BSM was recommended for his service in Iraq in 2005 and 2006. However, it was not awarded to him until 2007 after he had retired. He needs this correction in order to receive benefits from the state of Georgia.
3. The applicant provides copies of:
* DD Form 214
* Certificate for the BSM
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 a member of the Georgia Army National Guard (GAARNG) and he was ordered to active duty in support of Operation Iraqi Freedom by Orders 337-413 issued by the State of Georgia, Department of Defense Military Division, dated 2 December 2004. He served in Kuwait and Iraq from 17 May 2005 to 20 April 2006.
3. On 23 May 2006, the applicant was released from active duty. He served 1 year, 5 months, and 18 days of creditable active service during this period. His DD Form 214 shows he was awarded or authorized, in part, the Iraq Campaign Medal but not the Bronze Star Medal.
4. A certificate for award of the BSM, as provided by the applicant and as currently on file in his Official Military Personnel File (OMPF), shows that he was awarded the BSM for outstanding meritorious service from 18 May 2005 to 1 May 2006. His dedication to duty during combat operations in Iraq contributed to the overwhelming success of the commands mission. The certificate was signed on 18 October 2007.
5. An email communication between the staff of the Board and the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), dated
14 July 2014, states HRC processed the award of the BSM in this case. However, HRC could not explain why a correction to his DD Form 214 was not completed at the same time.
5. Army Regulation 600-8-22 (Military Awards) provides:
a. for award of the Bronze Star Medal in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. for award of the Iraq Campaign Medal to members who have served in direct support of Operation Iraqi Freedom (OIF). A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns included the Iraqi Governance (29 June 2004-15 December 2005) and the National Resolution (16 December 2005-9 January 2007)
DISCUSSION AND CONCLUSIONS:
1. There are no available orders showing the applicant was awarded the BSM for his service in Iraq. However, the available certificate for this medal is filed in his OMPF. Furthermore, the Awards and Decorations Branch, HRC confirmed that they processed this award. Therefore, the available evidence is sufficiently convincing to support his request to add this award to his DD Form 214.
2. The evidence of record indicates that the applicant served in support of Operation Iraqi Freedom during two campaign periods. Therefore, he is authorized to wear two bronze service stars on his already-awarded Iraq Campaign Medal.
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 for the period ending 23 May 2006 the Iraq Campaign Medal; and
b. adding to his DD Form 214 for the period ending 23 May 2006 the Bronze Star Medal and the Iraq Campaign Medal with two bronze service stars.
______________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) AR20130020982
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ABCMR Record of Proceedings (cont) AR20130020982
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