IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140018016
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:
* Iraq Campaign Medal
* Global War on Terrorism Service Medal (GWOTSM)
* Combat Action Badge
2. The applicant states she did not receive the above awards before she retired.
3. The applicant provides photocopies of orders for the Combat Action Badge and her DD Form 214.
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 30 September 2005, the applicant, a Regular Army master sergeant (E-8), retired with over 26 years of active service.
3. Item 13 (Decorations, Medals, Badge, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not list the Combat Action Badge; however, it does list the GWOTSM and Iraq Campaign Medal.
4. Item 18 (Remarks) of her DD Form 214 shows she served in Iraq from 12 March 2004 through 4 March 2005
5. The applicant submitted a copy of 1st Cavalry Division Permanent Orders Number 019-30, dated 19 January 2005, awarding her (and other Soldiers) the Combat Action Badge for engaging, or being engaged by, the enemy in support of Operation Iraqi Freedom (OIF) II.
6. Army Regulation 600-8-22 (Military Awards) states the:
a. Iraq Campaign Medal is awarded to members who have served in direct support of OIF. 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
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
b. GWOTSM is authorized for award to all Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served
30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. The GWOTSM may be awarded posthumously. Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Iraq from 12 March 2004 through 4 March 2005 and she was awarded the Combat Action Badge in orders.
2. She served in Iraq during two campaign periods and her DD Form 214 lists the Iraq Campaign Medal; however, she is authorized two bronze service stars to be worn with this medal.
3. The above awards should be added to her DD Form 214.
4. The GWOTSM is already listed on her DD Form 214; subsequent awards are not authorized; therefore, there is no basis for granting this request.
5. In view of the foregoing findings and conclusions, her records should be corrected as recommended below.
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 adding the Combat Action Badge and two bronze service stars to be worn with the Iraq Campaign Medal to the awards already listed on her DD Form 214.
_______ _ _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) AR20140018016
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