IN THE CASE OF:
BOARD DATE: 14 October 2014
DOCKET NUMBER: AR20140003244
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)
* Enlisted Record Brief (ERB) to show a second combat tour in Iraq
2. The applicant states he served two combat tours as an infantryman and he got blown up, shot at, and saw things.
3. The applicant provides:
* letter from the National Personnel Records Center (NPRC)
* Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq Permanent Orders Number 038-101
* DD Form 214
* ERB, dated 13 January 2010
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 27 April 2006.
3. Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq Permanent Orders Number 038-101, dated 7 February 2007, awarded the applicant the CIB for participating in ground combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom on 1 December 2006.
4. On 14 April 2010, the applicant was honorably released from active duty. His DD Form 214 does not show award of the CIB. His DD Form 214 lists his service in Iraq as follows:
* 30 October 2006 to 16 January 2008
* 6 February 2009 through 24 October 2010
5. He provided a letter from NPRC advising him that no records could be found authorizing him award of the CIB. He also provided a copy of his ERB, dated 13 January 2010, that shows the entry "20061030-20080116 IZ [Iraq]" in the Overseas/Deployment Combat Duty block.
6. His Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service shows he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait as follows:
* 30 October 2006 through 13 January 2008
* 7 February 2009 through 22 January 2010
7. Army Regulation 600-8-104 (Military Personnel Information Management/
Records), in effect at the time, prescribed policies and operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. The ERB is a one-page Army form that provides a summary of a Soldier's qualifications and career history. Information found on the ERB includes, but is not limited to: assignment history, awards and decorations, civilian education, military education, etc.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the CIB; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Although he requests correction of his ERB to show his second tour of duty in Iraq, the ERB is used as a supporting document throughout a Soldier's career to assist human resources professionals with various personnel actions. It is not maintained or updated subsequent to a Soldier's separation from active duty. Incidentally, the applicant had not completed his second tour of duty in Iraq at the time the ERB in question was prepared; therefore, it would not have shown this tour. Nevertheless, there is no basis for granting this portion of the requested relief.
3. The dates of his service in Iraq listed on his DD Form 214 do not match the dates recorded in his MMPA. Correcting these dates may make the applicant worse off than before he applied to this Board. Since he did not request this correction, the Board will not take any action on this issue.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form the CIB.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to adding his second tour in Iraq to his ERB.
_______ _ 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) AR20140003244
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ABCMR Record of Proceedings (cont) AR20140003244
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