IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140011359
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 show all authorized awards.
2. The applicant states not all of his awards are listed on his DD Form 214.
3. The applicant provides no additional evidence.
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 6 July 2001. He was honorably released from active duty on 30 April 2006 after completing 4 years, 9 months, and 25 days of net active service.
3. Section IX (Assignment Information) of his Enlisted Record Brief (ERB) shows he was assigned to:
* Company A, 94th Engineer Battalion, Germany, effective 5 June 2002 to 19 July 2004
* Company B, 92nd Engineer Combat Battalion, Fort Stewart, GA, effective 23 July 2004 to 30 April 2006
4. Permanent Order Number 139-01, issued by Headquarters, 3rd Infantry Division Support Brigade, dated 19 May 2006, awarded him the Army Commendation Medal for meritorious service.
5. In addition, his DD Form 214 shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Iraq Campaign Medal
b. item 18 (Remarks) he served in support of Operation Iraqi Freedom (OIF) while serving in Kuwait and Iraq from 14 February 2003 to
16 January 2004 and 30 January 2005 to 3 January 2006.
6. Department of the Army General Orders (DAGO) Number 2009-15, dated
16 December 2009 announced the award of:
a. A Meritorious Unit Commendation (MUC) to the 94th Engineer Battalion for the period 30 January 2003 to 18 March 2003 by Department of the Army general orders 2009-15, dated 16 December 2009; and
b. A MUC to the 92nd Engineer Battalion for the period 29 January 2005 to
15 January 2006.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states 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. Approved campaigns included:
* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraq Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)
DISCUSSION AND CONCLUSIONS:
1. General orders announced the award of the ARCOM to the applicant. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Evidence shows the applicant participated in four campaigns during his service in Iraq. Therefore, his is entitled to four bronze service stars for wear on his already-awarded ICM and correction of his DD Form 214 for the period to show these bronze service stars.
3. The evidence of record shows the applicant was assigned to the 94th Engineer Battalion and later to the 92nd Engineer Battalion during a period for which these units were cited for award of the MUC. Therefore, his DD Form 214 should be corrected to show the award of the MUC (2nd 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:
a. deleting from his DD Form 214 the Iraq Campaign Medal with Campaign Star and
b. adding to his DD Form 214 for the period ending 17 March 2010 the:
* ARCOM
* Iraq Campaign Medal with four bronze service stars
* Meritorious Unit Commendation (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) AR20140011359
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ABCMR Record of Proceedings (cont) AR20140011359
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