IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140008086
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 include the Bronze Star Medal (BSM) and the Meritorious Service Medal (MSM) (2nd Award).
2. The applicant states he earned the BSM while in Iraq, but his command held onto the award until after he demobilized. The MSM was awarded to him at the time of his retirement from the Army National Guard.
3. The applicant provides:
* DD Form 214
* Two DA Forms 638 (Recommendation for Award)
* Two award certificates
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. Following a period of enlisted service, on 10 September 2000, the applicant was appointed as an officer in the Minnesota Army National Guard. He served on active duty from 14 October 2004 to 31 December 2005. During this period he was deployed to Iraq from 22 December 2004 to 29 November 2005. Effective 31 October 2007, he was assigned to the Retired Reserve.
3. His DD Form 214 shows in:
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* MSM
* Army Achievement Medal (4th Award)
* Army Reserve Components Achievement Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
(2nd Award)
* Army Service Ribbon
* Armed Forces Reserve Medal with M Device and Bronze Hourglass
* Overseas Service Bar
* Overseas Service Ribbon
* Army Reserve Component Overseas Training Ribbon
* NATO Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM)
* Item 18 (Remarks) shows, in part the entry "SERVICE IN IRAQ FROM 20041222 TO 20051129"
4. A DA Form 638, dated 13 August 2005, shows he was recommended and approved for award of the BSM.
5. DA Form 638, dated 28 September 2007, shows he was recommended and approved for award of the MSM (1st Oak Leaf Cluster).
6. A review of his records indicates entitlement to an additional award not listed on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of OIF. The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area
out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The ICM period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. The applicant's service coincides with one campaign: Iraq Governance
(29 June 2004-15 December 2005).
8. Army Regulation 635-5 (Separation Documents), in effect 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 established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the BSM prior to his release from active duty. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He was awarded the ICM. His records show he participated in one campaign while serving in Iraq. He is entitled to one bronze service star for wear on the ICM.
3. He was awarded the MSM (1st Oak Leaf Cluster) on 7 December 2007, which was after his release from active duty on 31 December 2005. Therefore, there is no basis for adding this award to the DD Form 214 issued on that date.
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:
* deleting from his DD Form 214 for the period ending 31 December 2005 the ICM
* adding to his DD Form 214 for the period ending 31 December 2005:
* BSM
* ICM with one bronze service star
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 the MSM (2nd Award).
___________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) AR20140008086
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