IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003301
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all authorized awards for his participation in Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).
2. The applicant states his service in OIF is not listed on his DD Form 214.
3. The applicant provides the front page of his DA Form 638 (Recommendation for Award), dated 27 September 2003.
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. After having had prior service, he enlisted in the Tennessee Army National Guard on 15 December 1998 and served in military occupational specialties 91E (Dental Specialist) and 95B (Military Police (MP)).
3. On 6 December 2002 he was ordered to active duty in support of Operation Noble Eagle and OEF. During his deployment to Iraq he was assigned to the 812th MP Company, 168th MP Battalion, 18th MP Brigade.
4. On 8 October 2004, the applicant was honorably released from active duty.
5. His DD Form 214 shows award of the:
* Purple Heart
* Army Commendation Medal with Combat Distinguishing V Device
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Army Good Conduct Medal
* Marine Corps Good Conduct Medal
* Army Reserve Components Achievement Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with M Device
* Army Service Ribbon
* Overseas Service Ribbon
* Sea Service Deployment Ribbon
* Air Assault Badge
6. Item 18 (Remarks) shows he completed foreign service in Kuwait/Iraq from
12 June to 25 July 2003.
7. The U.S. Army Human Resources Command Military Awards and Decorations Branch webpage shows the 812th MP Company was awarded the Valorous Unit Award (VUA) by Department of the Army General Orders Number
2009-15, dated 16 December 2009, for the period 27 April to 28 November 2003.
8. Army Regulation 600-8-22 (Military Awards) states:
a. The Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of OIF. The area of consideration 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 continuous 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 records show he participated in the Transition of Iraq campaign.
b. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. He served a qualifying period of service for award of the ICM. He also participated in one campaign during this period. Therefore, he is entitled to correction of his DD Form 214 to show the ICM with 1 bronze service star.
2. General orders awarded his unit the VUA during his period of assignment.
3. The applicant served during a period of eligibility for the NDSM. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 NDSM, VUA, and ICM with 1 bronze service star to his DD Form 214, ending 8 October 2004.
_______ _ __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) AR20150003301
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ABCMR Record of Proceedings (cont) AR20150003301
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