IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140003943
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 list the Bronze Star Medal and Navy Unit Commendation.
2. The applicant states he did not personally receive these awards until 2 to 3 years after his separation.
3. The applicant provides copies of the following:
* Enlisted Record Brief (ERB)
* DA Form 638 (Recommendation for Award)
* Bronze Star Medal certificate
* Army Concurrence for the I Marine Expeditionary Force Navy Unit Commendation memorandum
* DD Form 214 (2 copies)
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 14 July 2003. He was awarded military occupational specialty 21B (combat engineer). He served in:
* Korea from 2 December 2003 through 7 August 2004
* Iraq from 8 August 2004 through 31 July 2005
3. He provided copies of the following:
* DA Form 638, dated 17 November 2005, which recommended him for award of the Bronze Star Medal for meritorious service from 9 August 2004 through 15 August 2005; this award was approved by Permanent Orders (PO) Number 138-28 on 18 May 2006
* Bronze Star Medal certificate, dated 18 May 2006
4. Section IX (Assignment Information) of his ERB shows he was assigned to Companies A and B, 44th Engineer Battalion, from 21 June 2004 through 18 January 2006.
5. He was released from active duty on 13 July 2006 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 lists the:
* Army Commendation Medal with "V" Device and 2nd Award
* Army Achievement Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Action Badge
6. He also provided a copy of an Army Concurrence for the I Marine Expeditionary Force Navy Unit Commendation memorandum, dated 3 June 2009, which awarded the Navy Unit Commendation to the 44th Engineer
Battalion for participation in the I Marine Expeditionary Force for the period of service from 2 August 2004 through 1 February 2005.
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the Bronze Star Medal for meritorious service from 9 August 2004 through 15 August 2005. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He completed a qualifying period of service with the 44th Engineer Battalion for award of the Navy Unit Commendation. Therefore, his DD Form 214 should be corrected to show this 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 to his DD Form 214 the Bronze Star Medal and Navy Unit Commendation.
_______ _ __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) AR20140003943
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