IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140016258 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:

* his service in Iraq
* his previously-awarded Combat Action Badge
* any other awards and decorations not otherwise shown
* those military schools which he completed

2.  The applicant states, in effect:

* his year-long deployment to Iraq is absent from his DD Form 214, as is the Combat Action Badge he was awarded
* he believes other awards are missing as well, but does not identify any specifically
* he was part of the mass departure from active duty that occurred in 2005; he felt he was rushed through the departure process; he was also inexperienced and thus did not realize his DD Form 214 did not accurately show his service
* he feels, because he endured exposure to imminent danger, improvised explosive devices, and served his country with honor, his DD Form 214 should accurately show this
* he wants his children to be able to see confirmation of his service in combat



3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Honorable Discharge Certificate
* DA Form 87 (Certificate of Training)
* Certificate of Recognition
* Honorary Combat Infantryman Certificate
* Certificate of Graduation
* Order Number TFD 4537

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 14 August 2001.  After completing initial training, he was awarded military occupational specialty (MOS) 19K (M1 Armor Crewman).  The highest rank/grade held was specialist/E-4.  His records show he served in Germany assigned to the 77th Armor Regiment.  

3.  He was honorably released from active duty on 31 May 2005 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he served 3 years, 9 months, and 17 days of net active creditable service.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), as amended by a DD Form 215, does not show the Combat Action Badge, but does list:

* Army Good Conduct Medal
* National Defense Service Medal
* Kosovo Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization Medal
* Valorous Unit Award
* Army Lapel Button

	b.  Item 14 (Military Education) lists the following formal military training courses:

* M1 Armor Crewman Course, 12 weeks, Dec 2001
* German Headstart Program, 1 week, Jan 2002

	c.  Item 18 (Remarks) contains no information on deployments.

4.  His records are void of any orders showing the award of the Combat Action Badge.

5.  Travel Order Number 04-920, dated 8 April 2002, issued by Headquarters, 1st Infantry Division, shows the deployment of the 1st Battalion, 77th Armor Regiment to Kosovo in support of Task Force Falcon.  It does not specifically name the applicant as a participant.

6.  Order Number TFD 4537, dated 14 January 2004, issued by Headquarters, 1st Infantry Division, is a unit move order directing a temporary change of station for Company A, 1st Battalion, 77th Armor Regiment, effective on or about 10 February 2004, for a period not to exceed 355 days.  The applicant is not specifically named as a participant.

7.  The applicant's records contains a DA Form 87 that confirms he successfully completed an 80-hour course titled Small Arms Maintenance for Unit Armorers Course during the period 16 June 2003 to 27 June 2003.

8.  According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for two periods:

* 9 May 2002 to 19 November 2002 for service in Macedonia/Kosovo
* 12 February 2004 to 5 February 2005 for service in Kuwait/Iraq



9.  The applicant provides:

	a.  Certificate of Recognition, dated 6 June 2004, from the 1st Infantry Division, for meritorious service in Task Force Danger, Operation Iraqi Freedom, and authorizing the shoulder sleeve insignia - former wartime service of the 1st Infantry Division.

	b.  Certificate, dated 25 October 2004, from the Task Force, 1st Battalion, 18th Infantry Regiment, 2nd Brigade, 1st Infantry Division, recognizing the applicant as an Honorary Combat Infantryman.

10.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards.  It states the award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Only one Combat Action Badge may be awarded during a qualifying period.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214.  It states, in pertinent part:

	a.  Item 13 will list all Federally recognized awards and decorations (emphasis added) from the Soldier's records.  Foreign and State awards will not be shown.  Certificates of recognition, achievement, or those showing an honorary award are not shown as being included on the DD Form 214.

	b.  Item 14 will be taken from the Enlisted Record Brief and will show all formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214 with a duration of at least 1 week or 40 hours.  Include title, length in weeks, and year completed.  

	c.  Item 18, for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show: 

* his service in Iraq
* his previously awarded Combat Action Badge
* any other awards and decorations not otherwise shown
* those military schools which he completed

2.  DFAS confirms he deployed to imminent danger zones in Macedonia/Kosovo from 9 May 2002 to 19 November 2002 and in Kuwait/Iraq from 12 February 2004 to 5 February 2005.  The remarks section of his DD Form 214 should be amended to show his service.

3.  A thorough review of available records was unable to confirm the applicant was awarded a Combat Action Badge.  

	a.  Award of the Combat Action Badge requires a formal recommendation, approval through the chain of command, and announcement in orders (emphasis added).  

	b.  He does not include a copy of the orders confirming the award of the Combat Action Badge.  Consequently, the requested relief cannot be granted.  Should he be able to provide orders as verifying documentation for the Combat Action Badge (or any other award or decoration) within 1 year of the date of the Board's decision, this portion of his application can be reconsidered.

4.  He provides, and records contain, a Certificate of Training showing the successful completion of an 80-hour course titled Small Arms Maintenance for Unit Armorers Course, during the period 16 June 2003 to 27 June 2003.  His DD Form 214 should be corrected to show this course.

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


amending his DD Form 214 as follows:

* item 14, add “Small Arms Maintenance for Unit Armorers Course, 
80 hours, June 2003”
* item 18, add “Service in Macedonia/Kosovo 20020509 to 20021119//Service in Kuwait/Iraq 20040212 to 20050205”

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 the applicant's DD Form 214 to show any additional awards including the Combat Action Badge.  




      _______ _   __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)                                         AR20140016258





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016258



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1