IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015212
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 the Valorous Unit Award (VUA), the Iraq Campaign Medal (ICM), and all other awards he may be authorized.
2. The applicant states he served in Kuwait and Iraq with the 3rd Armored Cavalry Regiment from 1 April to 8 August 2003. He contends that he is authorized the VUA and ICM for this service.
3. The applicant provides copies of:
* DD Form 214 (Copy Number 4)
* Permanent Orders 232-02, U.S. Army Human Resources Command (HRC), dated 19 August 2008
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. On 26 August 1999, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 88M (Motor Transport Operator).
3. The applicant's Official Military Personnel File contains two certificates showing he was awarded the Army Commendation Medal for meritorious service with the 3rd Cavalry Regiment from 1 January 2000 to 7 August 2003 and for meritorious service with the same unit from 1 April to 7 August 2003.
4. On 20 December 2003, the applicant was honorably released from active duty. His DD Form 214 shows in:
a. Item 12f (Foreign Service) 0 years, 5 months, and 21 days;
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
* ARCOM (two awards)
* Army Achievement Medal (two awards)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
c. Item 18 (Remarks): "Service in Kuwait from 20030401 - 20030514; and from 20030728 - 20030808; and Service in Iraq from 20030515 - 20030727."
5. Permanent Orders Number 232-02, HRC, dated 19 August 2008, as provided by the applicant, announced award of the VUA to the 3rd Armored Cavalry Regiment for the period 25 April to 18 September 2003.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. 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 Iraq Campaign Medal 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 include the Transition of Iraq (2 May 2003-28 June 2004).
b. The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after
11 September 2001 to a date to be determined.
c. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the VUA, ICM, and all other awards he may be authorized.
2. Records show the applicant was assigned to the 3rd Armored Cavalry Regiment during the time it was awarded the VUA. Therefore, this unit award should be shown on his DD Form 214.
3. The available evidence show the applicant served during a qualifying period for award of the GWOTSM, GWOTEM, and the ICM with one bronze service star. Therefore, these service medals should be shown on his DD Form 214.
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 amending his DD Form 214 by adding in Item 13 the:
* Valorous Unit Award
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
___________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) AR20130006756
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140015212
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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