IN THE CASE OF
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130021571
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 all awards he is authorized.
2. He states his DD Form 214 does not show all of the awards he was given, for example, the Combat Infantryman Badge (CIB). He was discharged right after coming back from Afghanistan. He was given medals, but the orders were not written. Without orders, the awards couldn't be entered on his DD Form 214. This issue has come up while applying for Federal employment and again while putting together his service-connected disability claim.
3. He provides his DD Form 214.
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. On 26 October 2000, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman).
3. On 1 April 2003, Headquarters, Coalition Task Force 82, Bagram Airfield, Afghanistan, issued Permanent Orders 091-1453 awarding him the CIB for being engaged in active ground combat during the period 6 January to 30 April 2003. The orders show he was assigned to Company B, 3rd Battalion, 504th Parachute Infantry Regiment (PIR).
4. On 25 October 2003, he was honorably released from active duty. His DD Form 214 shows in:
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* item 18 (Remarks), in part "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030109 TO 20030726"
5. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal (ACM) is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns include Consolidation I (1 December 2001-30 September 2006).
6. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.
7. Permanent Orders Number 093-04, issued by the U.S. Army Human Resources Command, dated 2 April 2008, announced award of the Valorous Unit Award (VUA) to the 3rd Battalion, 504th PIR, for the period 17 January to 17 August 2003.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the CIB to the applicant. He served in Afghanistan during the period of eligibility for the ACM, and his service coincided with one campaign. Therefore, he is entitled to correction of his DD Form 214 to show the CIB and ACM with one bronze service star. Also based upon award of the ACM, he is entitled to award of the GWOTSM.
3. He served in the 3rd Battalion, 504th PIR, during a period for which the unit was awarded the VUA. He is entitled to correction of his DD Form 214 to show this unit award.
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 adding the following awards to item 13 of his DD Form 214:
* ACM with one bronze service star
* GWOTSM
* CIB
* VUA
____________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) AR20130021571
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021571
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100024312
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, ACM, or ICM. The evidence of record shows the applicant was an infantryman assigned to a ranger unit.
ARMY | BCMR | CY2007 | 20070010730
Therefore, he is entitled to correction of his record to show the ACM. Since there is no evidence that the applicant was assigned to Task Force Rakkasan prior to April 2002, he is not entitled to correction of his records to show the VUA. Therefore, he is entitled to correction of his records to show this award.
ARMY | BCMR | CY2010 | 20100027212
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 18 (Remarks) he served in Afghanistan from 4 February to 14 August 2002 * item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Iraq Campaign Medal (ICM) and Afghanistan Campaign Medal (ACM) 2. Department of the Army General Order Number 3, dated 2007, awarded the Valorous Unit Award (VUA) to the 2d Battalion,...
ARMY | BCMR | CY2012 | 20120003303
The applicant requests correction of his records to show all of his authorized awards, including the Combat Infantryman Badge. c. Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman...
ARMY | BCMR | CY2009 | 20090012682
This regulation provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in the regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the ACM; d. the Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF. Upon application, such a service member may be authorized the ICM in lieu of...
ARMY | BCMR | CY2011 | 20110005532
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active duty) for the period ending 10 October 2003 to show award of the: * Afghanistan Campaign Medal (ACM) * Global War on Terrorism Service Medal (GWOTSM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Presidential Unit Citation (PUC) 2. Evidence shows the applicant served during a qualifying period of service in Afghanistan for entitlement to the ACM with 1 bronze service star and the...
ARMY | BCMR | CY2013 | 20130003441
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Achievement Medal (AAM) * Global War on Terrorism Service Medal (GWOTSM) * Afghanistan Campaign Medal (ACM) * Kosovo Campaign Medal (KCM) * North Atlantic Treaty Organization (NATO) Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) 2. Based on his service in Kosovo during the period 6 November 2001 to 17 May 2002, he is authorized the...
ARMY | BCMR | CY2014 | 20140012301
Application for correction of military records (with supporting documents provided, if any). The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090019865
Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined. Based on the evidence of records, it appears the applicant had six separate deployments to Afghanistan. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110014632
A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Army Achievement Medal, Army Good Conduct Medal, GWOTEM, campaign participation, the CIB, or Driver and Mechanic Badge. Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal. The Board therefore recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the...