IN THE CASE OF:  	  

		BOARD DATE:  12 February 2015	  

		DOCKET NUMBER:  AR20140009900 


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 discharge documents to show all of his awards and decorations.

2.  He states that after reviewing his Department of Veterans Affairs medical records, he realized he was missing a DD Form 215 (Correction of DD Form 214) he needs it to complete his packet.

3.  He provides:

   a.  three DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated:

* 24 April 1993
* 21 October 2001
* 3 June 2006

   b.  three orders.

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 25 April 1989, he was released from active duty on 24 April 1993 and transferred to the United States Army Reserve (USAR).  He served on active duty for 4 years.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he was awarded the Army Achievement Medal (3rd Oak Leaf Cluster) (now known as 4th Award), National Defense Service Medal, Army Service Ribbon, South-West Asia Service Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Kuwait Liberation Medal.

3.  He submitted Orders Number 06-001, dated 6 December 1991, which show he was awarded the Driver's Badge with Component Bar (Driver-T (for tracked vehicles)).

4.  On 3 February 2001, he was ordered to active duty in support of Operation Stabilization Force-9 (SF09) Bosnia-Herzegovina as a member of the USAR.  He served until he was honorably released from active duty on 21 October 2001 and returned to his home unit.  The DD Form 214 he was issued shows in item 13 he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (2nd Award), Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Kuwait Liberation Medal, and NATO Medal (Yugoslavia).

5.  On 7 February 2005, he was ordered to active duty in support Operation Iraqi Freedom as a member of the USAR.  He served in Kuwait/Iraq from 16 May 2005 to 8 May 2006.  He was honorably released from active duty on 3 June 2006 and he returned to his home unit.  This DD Form 214 shows he was awarded or authorized the Army Commendation Medal (4th Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (3rd Award), Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Southwest Asia Service Medal with two bronze service stars, Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with "M" Device (2nd Award), NATO Medal, Kuwait Liberation Medal (Saudi Arabia), Combat Action Badge, Basic Marksmanship Qualification Badge, Driver and Mechanic with Driver - Wheeled Vehicle(s) Clasp. 

6.  He submitted Permanent Orders Number: 

	a.  209-123, dated 28 July 2005, which show he was awarded the CAB for actively engaging or be engaged by the enemy on 12 June 2005.

	b.  027-13, dated 27 January 2006, which show he was awarded the Driver Badge - W for wheeled vehicles) for the period 6 December 2004 to 7 January 2006.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The ICM was authorized in Public Law 108-234 on 28 May 2004.  The ICM is authorized for 30 consecutive or 60 nonconsecutive days of service in Iraq from 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

DISCUSSION AND CONCLUSIONS:

1.  The applicant submitted orders which show he was awarded the CAB.  However, item 13 of his DD Form 214, dated 3 June 2006, already shows he was awarded the CAB and there is no evidence that shows he was awarded a second or subsequent CAB.  Therefore, no further correction of this DD Form 214 is needed to show award of the CAB.

2.  He submitted orders which show he was awarded the Driver Badge with Component Bars Driver-T and Driver-W.  However item 13 of his DD Form 214, dated 3 June 2006, only shows he was already awarded the Driver and Mechanic Badge with Component Bar Driver-W.  Therefore, he is entitled to correction of his DD Form 214 to show Component Bar Driver-T on his previously awarded Driver and Mechanic Badge.
3.  The Evidence of record shows he participated in the Iraqi Governance and National Resolution campaigns.  Therefore, he is entitled to correction of his
DD Form 214, dated 3 June 2006, to add two bronze service stars to his already awarded ICM. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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:

	a.  deleting the ICM and Driver and Mechanic Badge - Wheeled Vehicle(s) Clasp from item 13 of his DD Form 214, dated 6 June 2006, 

	b.  adding the following awards to item 13 of his DD Form 214, dated 6 June 2006:

* Driver and Mechanic Badge with "W" and "T" Clasps
* ICM with two bronze service stars

2.  The Board further determined that the evidence presented was 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 correcting item 13 of his 
DD Form 214, dated 3 June 2006, to show his already awarded CAB.



      
      ____________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)                                         AR20140009900



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ABCMR Record of Proceedings (cont)                                         AR20140009900



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