BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013002 


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) for the period ending 29 March 2007 to show:

	a.  his rank as sergeant (SGT)/E-5 and

	b.  award of the Combat Action Badge (CAB). 

2.  The applicant states his DD Form 214 needs to be updated.

3.  The applicant provides:

* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* narrative for award of the CAB
* DA Form 1594 (Daily Staff Journal or Duty Officer's Log)
* two DA Forms 2823 (Sworn Statement)
* DD Form 214 for the period ending 29 March 2007

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 30 March 2004 and trained as a chemical operations specialist.  He served in Iraq from 31 January 2005 to 
11 January 2006.  

3.  He provided a narrative for award of the CAB which states:

	a.  He distinguished himself by being personally engaged by the enemy while serving with the 65th Military Police Company (Airborne) on 14 April 2005 during Operation Iraqi Freedom.  

	b.  His patrol was struck by an improvised explosive device. 

	c.  He maneuvered the M1117 (armored security vehicle) to assist the gunner with scanning his sector for a triggerman or secondary attack.

	d.  He exited his vehicle, putting himself in harm's way, and assisted with changing the two tires that were damaged from the blast.

4.  He also provided two sworn statements from fellow Soldiers, dated October 2005, attesting to his actions on 14 April 2005 in Iraq.

5.  On 29 March 2007, he was honorably released from active duty.

6.  His DD Form 214 for the period ending 29 March 2007 shows in:

* Item 4a (Grade, Rate or Rank) – SPC (specialist)
* Item 4b (Pay Grade) – E04
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal (ICM), Army Service Medal, Overseas Service Ribbon 

7.  He enlisted in the Army National Guard (ARNG) on 30 March 2007.  

8.  Department of Military and Veterans Affairs, Orders 200-017, dated 19 July 2007, show he was promoted to SGT effective 1 July 2007.  

9.  On 29 March 2010, he was honorably discharged from the ARNG in the rank of SGT.

10.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the CAB are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.  Only one CAB may be awarded during a qualifying period.  

11.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  The ICM period of eligibility is on or after 19 March 2003 to 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)

12.  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 preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's 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 DD Form 214 is a "snapshot in time"; it is a reflection of active duty service at the time of release from active duty.  Since the applicant was promoted to SGT/E-5 3 months after his release from active duty, there is no basis for amending his DD Form 214 for the period ending 29 March 2007 to show his rank as SGT/E-5.

2.  The sworn statements and narrative for award of the CAB provided by the applicant which state he distinguished himself by being personally engaged by the enemy while serving with the 65th Military Police Company (Airborne) on 
14 April 2005 during Operation Iraqi Freedom are accepted as sufficient evidence on which to base adding the CAB to his DD Form 214 for the period ending 
29 March 2007.

3.  His DD Form 214 for the period ending 29 March 2007 shows the ICM as an authorized award.  However, he participated in two campaigns during his assignment in Iraq which qualifies him for award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.  

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:

	a.  deleting the entry "IRAQ CAMPAIGN MEDAL" from his DD Form 214 for the period ending 29 March 2007 and

	b.  adding the CAB and ICM with two bronze service stars to item 13 of this DD Form 214. 
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 amending his rank on his 
DD Form 214 for the period ending 29 March 2007.  




      _______ _  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)                                         AR20140013002





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ABCMR Record of Proceedings (cont)                                         AR20140013002



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