IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140020479


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 in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons, Awarded or Authorized) all the awards he was authorized, to include:

* Mississippi War Medal (MWM)
* Combat Action Badge (CAB)

2.  The applicant states he was in combat in Iraq and his DD Form 214 should show all his awards.  

3.  The applicant provides his:

* DD Form 214 
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)

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 16 June 2004, the applicant enlisted in the Mississippi Army National Guard (MSARNG).  After initial training, he was awarded military occupational specialty 13E (Cannon Fire Direction Specialist.)

3.  On 24 February 2005, he was ordered to active duty in support of Operation Iraqi Freedom (OIF) and served until 11 January 2006.  

4.  On 8 October 2005, Permanent Orders Number 180-104, issued by the State of Mississippi, Military Department, The Adjutant General's Office, Jackson, MS dated 29 June 2006, awarded him the Combat Action Badge (CAB) for action on 8 October 2005.

5.  On 11 January 2006, the applicant was honorably released from active duty and returned to the MSARNG.

6.  His DD Form 214 ending on 11 January 2006 shows:

   a.  Item 13:

*	Army Achievement Medal (AAM)
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Armed Forces Reserve Medal (AFRM) with "M" Device
* Global War On Terrorism Service Medal (GWOTSM)
* Iraq Campaign Medal (ICM)

b.  Item18 (Remarks):  Service in Kuwait/Iraq from 20050327 to 20051223

7.  On 20 June 2007, the applicant was discharged from the MSARNG with a general discharge. 

8.  His NGB Form 22 shows he was awarded the:

* AAM
* NDSM
* ASR
* OSR
* AFRM with "M" Device
* GWOTSM
* ICM
* CAB
* MWM

9.  The Mississippi National Guard awards the MWM to any member of the MSARNG for honorable service in the Armed Forces of the U.S. during a National Emergency declared by the Congress.

10.  Army Regulation 635-5 (Separation Documents), in effect at that time, states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  The regulation states awards will be listed on the DD Form 214 in the priority sequence identified in Army Regulation 600-8-22 (Military Awards).

11.  Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of 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 ICM 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 are:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

12.  State awards, to include the MWM, are not listed in Army Regulation 
600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the CAB while he was serving on active duty.  

2.  The applicant was awarded the MWM for his service while attached to the MSARNG and it is listed on his NGB Form 22.  Since the award is issued at the State level, it is not listed on the DD Form 214.

3.  He was awarded the ICM for his service in Iraq from which included two campaigns.  As such he is entitled to the ICM with two bronze service stars.

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 partial recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Deleting from his DD Form 214 the ICM; and
 
	b.  Adding to his DD Form 214 the ICM with two bronze service stars and the CAB.

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 adding the MWM to his
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)                                         AR20130016018



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ABCMR Record of Proceedings (cont)                                         AR20140020479



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