BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140020532
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 records to show award of the Combat Infantryman Badge and the Iraq Campaign Medal.
2. He states:
a. he applied for a Federal position with the Department of Veterans Affairs (VA) as a service medal Veteran, but was turned down for the position.
b. when he called the VA Human Resources office, he was told that his
DD Form 214 (Certificate of Release or Discharge from Active Duty) did not show he received a service medal to show he served in support of Operation Noble Eagle/Enduring Freedom. They recommended that he submit the correct forms showing that he served in Iraq.
3. He provides:
* his DD Form 214
* orders
* a memorandum for record
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's records show after prior enlisted service, he was commissioned as an officer in the Florida Army National Guard (FLARNG) and was ordered to active duty on 2 January 2003 in support of Operation Noble Eagle/Enduring Freedom.
3. He submitted:
a. Permanent Orders Number 31-2, dated 31 January 2003, which show that C Company, 3d Battalion, 124th Infantry Regiment was to deploy to Kuwait in support of Operation Enduring Freedom on 4 February 2003.
b. Permanent Orders Number 45-3, dated 14 February 2003, amended Permanent Orders Number 31-2 to change the departure date to 14 February 2003.
c. a Memorandum for Record from Headquarters, 1st Brigade, 1st Armored Division, dated 3 July 2003, which stated that the applicant was deployed to the Central Command area of operation in support of Operation Iraqi Freedom from
13 February to 4 July 2003.
d. Permanent Orders Number 192-17, dated 29 August 2003, which show he was awarded the Combat Infantryman Badge.
4. On 14 August 2003, he was released from active duty and returned to the FLARNG. The DD Form 214 he was issued shows:
a. Item 11 (Primary Specialty) that he held the Specialty 11A (Infantry) for
8 years and 2 months.
b. Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the Army Commendation Medal, Army Achievement Medal (2nd award), Army Good Conduct Medal, National Defense Service Medal (2nd award), Armed Forces Reserve Medal with "M" Device, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd award), Army Lapel Button, Multinational Force and Observers Medal, Expert Infantryman Badge, Parachutist Badge, Air Assault Badge, Ranger Tab, and Driver and Mechanic Badge.
c. Item 18 (Remarks) his service in Kuwait and Iraq from 16 February to
10 July 2003.
5. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) 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 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. His record shows he participated in the Liberation of Iraq (19 March -1 May 2003) and Transition of Iraq (2 May 2003 - 28 June 2004) campaigns.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show he was awarded the Combat Infantryman Badge. Therefore, he is entitled to have his DD Form 214 corrected to show award of the Combat Infantryman Badge.
2. The available evidence shows he completed a qualifying period of service for award of the ICM and participated in two campaigns. Therefore, his DD Form 214 should be corrected to show the ICM with two bronze service stars to denote his campaign participation.
BOARD VOTE:
__x______ __x______ __x____ GRANT FULL RELIEF
________ ________ _________ GRANT PARTIAL RELIEF
________ ________ _________ GRANT FORMAL HEARING
________ ________ _________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 Infantryman Badge and Iraq Campaign Medal with two bronze service stars to item 13 of his DD Form 214 for the period ending
14 August 2003.
__________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.
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