BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140021222 


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) to show:

	a.  the following awards:

* Combat Action Badge
* Meritorious Unit Commendation
* Driver and Mechanic Badge with Driver-W Bar

	b.  completion of the following courses:

* Total Army Training System Cannon Crewmember, 2 weeks, 2005
* Basic Infantryman Course, 2 weeks, 2005

2.  The applicant states:

* he was released from active duty in 2006 and he did not have copies of all of his award documents
* the award documents needed at the time were in transit from Iraq
* he received different awards post-deployment that are recorded on his National Guard Bureau (NGB) Form 22 (Report of Separation) and they are not on his DD Form 214


3.  The applicant provides:

* DD Form 214
* NGB Form 22
* two DA Forms 1059 (Service School Academic Evaluation Report)
* Headquarters, Multi-National Corps Iraq, Permanent Orders 198-045, dated 17 July 2006
* Combat Action Badge Certificate
* Department of the Army General Orders Number 2009-21, dated 10 December 2009
* Permanent Orders Number 194-005, dated 13 July 2006, command unknown

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 29 September 2004, the applicant enlisted in the Army National Guard after having prior honorable enlisted service in the U.S. Air Force, U.S. Air Force Reserve, and Regular Army.

3.  His DD Form 214 for the period ending 29 July 1992 from prior service in the U.S. Air Force shows, in part, award of the:

* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  On 26 August 2005, he was ordered to active duty as a member of the Army National Guard in support of Operation Iraqi Freedom.

5.  On 9 December 2006, he was honorably released from active duty.  His DD Form 214 for this period shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

*	Meritorious Service Medal
*	Army Commendation Medal
*	Air Force Achievement Medal
*	Air Force Organizational Excellence Award
*	Air Force Good Conduct Medal
*	Air Reserve Forces Meritorious Service Medal (2nd Award)
*	National Defense Service Medal with bronze star
*	Global War on Terrorism Service Medal
*	Iraq Campaign Medal
*	Army Service Ribbon
*	Armed Forces Reserve Medal
*	Overseas Service Ribbon
*	Air Force Longevity Service Award
*	Armed Forces Reserve Medal with "M" Device
*	Air Force Training Ribbon

* item 14 (Military Education) – no military education

6.  On 1 January 2009, he was honorably discharged from the Army National Guard.  His NGB Form 22 for this period shows in:

* item 12 (Military Education), in part –

*	13B1O Reclassification, 2 weeks, March 2005
*	11B1O Reclassification, 2 weeks, July 2005

* item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded) –

*	Meritorious Service Medal
*	Army Commendation Medal
*	Air Force Achievement Medal
*	Air Force Organizational Excellence Award
*	Meritorious Unit Commendation
*	Air Force Good Conduct Medal
*	Air Reserve Forces Meritorious Service Medal (2nd Award)
*	National Defense Service Medal (2nd Award)
*	Global War on Terrorism Service Medal
*	Iraq Campaign Medal
*	Army Service Ribbon
*	Armed Forces Reserve Medal
*	Overseas Service Ribbon
*	Air Force Longevity Service Award Ribbon
*	Armed Forces Reserve Medal with "M" Device
*	Air Force Training Ribbon

7.  He provided copies of orders awarding him the Combat Action Badge and Driver and Mechanic Badge with Driver-W Bar.  He also provided:

* DA Form 1059, dated 25 March 2005, showing he completed cannon crewmember training during the period 11-26 March 2005
* DA Form 1059, dated 23 July 2005, showing he completed the Basic Infantryman Course during the period 9-23 July 2005
* Combat Action Badge Certificate showing he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 180th Field Artillery Regiment, on 10 January 2006
* Department of the Army General Orders Number 2009-21, dated 10 December 2009, awarding the Meritorious Unit Commendation to Headquarters and Headquarters Battery, 1st Battalion, 180th Field Artillery Regiment, for the period 22 December 2005 to 14 September 2006

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The instructions stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.  List all formal, in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours in duration.

DISCUSSION AND CONCLUSIONS:

1.  He was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar during a prior period of service.  His DD Form 214 for the period ending 9 December 2006 should be corrected to show these badges.

2.  Orders awarded him the Combat Action Badge and Driver and Mechanic Badge with Driver-W Bar.  His DD Form 214 for the period ending 9 December 2006 should be corrected to show this badge.

3.  General orders awarded the Meritorious Unit Commendation to the unit to which he was assigned during the period 26 August 2005 to 9 December 2006.  His DD Form 214 for the period ending 9 December 2006 should be corrected to show this unit award.

4.  The two DA Forms 1059 he provided show he completed training prior to the date he was ordered to active duty.  His military education is properly shown on his NGB Form 22 and he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214 for the period ending 9 December 2006:

* Meritorious Unit Commendation
* Combat Action Badge
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar

2.  The Board further determined 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 military education to his DD Form 214 for the period ending 9 December 2006.



      ___________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)                                         AR20140021222



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ABCMR Record of Proceedings (cont)                                         AR20140021222



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