IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140018204
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his three awards of the Meritorious Service Medal (MSM 2OLC).
2. The applicant states that he was awarded three awards of the MSM; however, his DD Form 214 issued at the time of his retirement shows only one award of the MSM.
3. The applicant provides copies of his three awards of the MSM.
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 was serving in the rank of Chief Warrant Officer Four when he was retired on 31 October 2006 due to sufficient service for retirement. He had served 21 years and 7 days of active service. His DD Form 214 issued at the time of his retirement shows he was awarded the Bronze Star Medal, Meritorious Service Medal, Air Medal with V Device, Air Medal, Army Commendation Medal (2nd Award), Army Achievement Medal (7th Award), Army Superior Unit Award (3rd Award), Army Good Conduct Medal, National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Armed Forces Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Military Outstanding Volunteer Service Medal, NATO Medal, Combat Action Badge, Master Aviator Badge, Senior Aviator Badge, and Air Assault Badge. It also shows that he deployed to Iraq during the period 20050113 20060120.
3. The applicant provides copies of his awards of the MSM showing that he was awarded the MSM on 6 May 2003, 28 April 2004, and 6 June 2006.
4. 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 (OIF). 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:
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
5. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded three awards of the MSM and is entitled to have his DD Form 214 corrected to show MSM (2OLC).
2. The applicant served in two campaigns in Iraq and is entitled to wear two bronze service stars on his Iraq Campaign Medal and entitled to have them reflected on his DD Form 214.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the awards of the Meritorious Service Medal and Iraq Campaign Medal from his DD Form 214
* Adding the awards of the MSM 2OLC and Iraq Campaign Medal with two bronze service stars to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140018204
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ABCMR Record of Proceedings (cont) AR20140018204
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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