IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140008043
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 inclusion of his 16 January 2003 to 4 April 2004 deployment and the Navy Unit Commendation on his last DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the information was erroneously left off his discharge
document.
3. The applicant provides copies of:
his 16 January 2003 deployment orders
an Announcement of Approval for the Navy Unit Commendation
three DD Forms 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. The applicant served on active duty in the:
Army National Guard from 16 June 1998 through 1 October 1998
Army National Guard from 16 January 2003 through 29 March 2004
Regular Army from 27 August 2007 through 15 October 2010
3. The applicant's 1998 DD Form 214 shows award of the Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's 29 March 2004 DD Form 214 shows duty in Jordan and Iraq from 6 March 2003 through 27 February 2004. His awards are listed as the Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Combat Infantryman Badge.
5. The applicant's 15 October 2010 DD Form 214 shows duty in Iraq from 28 January 2008 through 21 September 2008 and 22 October 2009 through 1 August 2010. His awards are listed as the Army Commendation Medal (3rd award), Army Achievement Medal, Army Good Conduct Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with one bronze service star, Overseas Service Ribbon (3rd award), Armed Forces Reserve Medal with "M" Device, Combat Infantryman Badge, and the Parachutist Badge.
6. On 2 January 2012, the applicant's unit was awarded the Navy Unit Commendation for the period 9 January 2009 through 23 January 2010. The applicant is listed by name as a member of the 82nd Airborne Division.
7. Army Regulation 635-5, at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's award of the Navy Unit Commendation was finalized after his release from active duty; hence, it was not included on his last DD Form 214. Since the period of the award falls in his last period of active duty, it is appropriate to correct the 15 October 2010 DD Form 214 to include this award.
2. The applicant's award of the Army Service Ribbon, Expert Marksmanship
Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar were omitted from the applicant's 15 October 2010 DD Form 214. It is appropriate to correct this oversight by including these awards on his 15 October 2010 DD Form 214.
3. The applicant is shown to have been deployed on three occasions. The first period is properly shown on his 29 March 2004 DD Form 214 and the next two deployments are properly listed on his 15 October 2010 DD Form 214. It is not appropriate to include the earlier deployment on his 15 October 2010 DD Form 214 as it did not fall within the period covered by that DD Form 214 and it is already listed on his earlier DD Form 214.
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 was 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 showing on the applicant's 15 October 2010 DD Form 214 his awards also include the Army Service Ribbon, Navy Unit Commendation, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
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 including the applicant's 6 March 2003 through 27 February 2004 deployment on his last DD Form 214.
_______ _ __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) AR20140008043
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ABCMR Record of Proceedings (cont) AR20140008043
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