IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150001644
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Action Badge (CAB), Army Commendation Medal (ARCOM) and Army Achievement Medal (2nd Award).
2. The applicant states that his awards of the CAB, ARCOM and AAM (2nd Award) were not included on his separation DD Form 214.
3. The applicant provides copies of orders awarding him the CAB, the ARCOM, and the AAM (2nd 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 enlisted in the Regular Army on 15 May 2002 for training as an M1 Armor Crewman. He completed his training and was transferred to Fort Stewart, Georgia for his first and only assignment.
3. He deployed to Kuwait/Iraq during the periods 23 January 2003 to 26 August 2003 and from 4 January 2005 to 30 December 2005. He was advanced to the pay grade of E-4 on 1 April 2005.
4. Permanent Order (PO) Number 260-03 issued by Headquarters, 3rd Battalion, 69th Armor Regiment awarded him the AAM for service during the period 16 March through 24 March 2004.
5. PO Number 292-130 issued by Headquarters, 42nd Infantry Division in Tikrit, Iraq awarded him the CAB effective 12 April 2005.
6. PO Number 163-07 issued by Headquarters, 3rd Battalion, 69th Armor Regiment awarded him the Army Good Conduct Medal (1st Award) (AGCM) for the period 14 May 2002 to 13 May 2005.
7. PO Number 291-81 issued by Headquarters, 1st Brigade Combat Team, 3rd Infantry Division awarded him the ARCOM on 20 November 2005 for service in Iraq.
8. PO Number 095-02 issued by Headquarters, 3rd Battalion, 69th Armor Regiment awarded him the AAM (2nd Award) on 5 April 2006 upon his expiration of his term of service.
9. On 30 April 2006, the applicant was honorably released from active duty (REFRAD) due to completion of required service. He had served 3 years, 11 months and 16 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded:
* U.S. Army/U.S. Air Force Presidential Unit Citation
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Iraq Campaign Medal
10. Though he did not directly request it, a review of his record shows he is entitled to a correction of the Iraq Campaign Medal to show the appropriate number of named campaigns during his period of service.
11. 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). A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns 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)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the ARCOM, AAM (2nd Award), AGCM (1st Award) and CAB. The applicant received the Iraq Campaign Medal. Based on his qualifying service in Iraq from 4 January to 30 December 2005, he served during three campaigns thus he is entitled to three bronze service stars for wear on his already awarded Iraq Campaign Medal.
BOARD 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 the following awards his DD Form 214 for the period ending 30 April 2006:
* ARCOM
* AAM (2nd Award)
* AGCM (1st Award)
* CAB
* three bronze service stars for wear on his Iraq Campaign Medal
___________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) AR20150001644
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