IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140005539
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 her DD Form 214 (Certificate of Release or Discharge from Active duty) to show award of her Combat Action Badge (CAB).
2. The applicant states her DD Form 214 does not accurately reflect her award.
3. The applicant provides a copy of Permanent Orders C195-01, Fort Bragg, NC, dated 14 July 2005.
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 14 March 1998, the applicant enlisted in the U.S. Army Reserve for a period of 8 years. On 6 December 1998, she was ordered to active duty in support of Hurricane Mitch Disaster Relief. She served in Honduras, Guatemala, and Nicaragua. She was released from active duty on 20 February 1999. Her DD Form 214 for this period of active duty service shows she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.
3. On 21 September 2002, the applicant was ordered to active duty in support of Operation Joint Forge for service in Bosnia. She was released from active duty on 24 May 2003. Her DD Form 214 for this period of active duty service shows her awards as:
* Army Achievement Medal (two awards)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Humanitarian Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* North Atlantic Treaty Organization Medal
4. On 1 December 2003, the applicant was ordered to active duty in support of Operation Iraqi Freedom. She served in Baghdad and was released from active duty on 2 November 2004. Her DD Form 214 for this period of active duty service shows her awards as:
* Joint Service Achievement Medal
* Army Achievement Medal (two awards)
* Army Reserve Components Achievement Medal (two awards)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Humanitarian Service Medal (two awards)
* Armed Forces Reserve Medal and Mobilization (three awards)
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (two awards)
* North Atlantic Treaty Organization Medal
5. Permanent Orders C195-01, Fort Bragg, NC, dated 14 July 2005, as provided by the applicant and filed in her Official Military Personnel File (OMPF), announced award of the CAB for actively engaging or being engaged by the enemy on 13 June 2004.
6. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show award of her CAB.
2. Permanent orders show the applicant was awarded the CAB for engagement with the enemy on 13 June 2004. Therefore, this badge should be shown on her DD Form 214 ending on 2 November 2004.
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 her DD Form 214 for the period ending 2 November 2004 the Combat Action Badge.
_____________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) AR20140005539
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ABCMR Record of Proceedings (cont) AR20140005539
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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