IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140018102
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) by adding the Combat Action Badge, Valorous Unit Award and, in effect, the Iraq Campaign Medal.
2. The applicant states he received the Combat Action Badge and Valorous Unit Award after he was released from active duty.
3. The applicant provides copies of orders for the Combat Action Badge and the Valorous Unit Award.
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, a career Army Reserve Nurse Corps officer, was mobilized with his unit the 915th Forward Surgical Team and served on active duty from 24 January 2003 to 16 January 2004.
3. The U.S. Army Human Resources Command Permanent Orders 313-16, dated 6 November 2009, awarded the applicant the Combat Action Badge for engaging or being engaged by the enemy on 3 July 2003.
4. Department of the Army General Orders Number 2009-32, dated 29 December 2009, awarded the Valorous Unit Award to various units including the applicants for the period 20 April 2003 through 22 March 2004.
5. His DD Form 214 does not list the Iraq Campaign Medal as an authorized award.
6. The Defense Finance and Accounting Service reports the applicant received Hostile Fire/Imminent Danger Pay commencing on 11 April 2003. The exact date of his July 2003 departure from the U.S. Central Command Area of Operational Responsibility is not available.
7. The applicant related in a telephone call that when he wrote out his request he was looking at the webpage of a commercial awards dealer and simply picked off the wrong name, that he really wanted the Iraq Campaign Medal.
8. Army Regulation 600-8-22 (Military Awards) states 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 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)
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Combat Action Badge and his unit was awarded the Valorous Unit Award for a period of time that included his service in Iraq.
2. The applicant served in the area of eligibility from 11 April to early July 2003,
a period that corresponds to two designated campaign periods. He qualified for award of the Iraq Campaign Medal with two bronze service stars.
BOARB 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 to the authorized awards already listed on his 16 January 2004 DD Form 214 the
* Iraq Campaign Medal with two bronze service stars
* Valorous Unit Award
* 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) AR20140018102
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ABCMR Record of Proceedings (cont) AR20140018102
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