IN THE CASE OF:
BOARD DATE: 27 October 2015
DOCKET NUMBER: AR20150004381
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) by adding an already-awarded Combat Action Badge.
2. The applicant states the Combat Action Badge was awarded after his discharge and, thus, was missed.
3. The applicant provides:
* DD Form 214 for the period ending 9 April 2011
* DA Form 4187 (Personnel Action), signed 24 October 2005, regarding award of the Combat Action Badge
* memorandum, dated 5 September 2005, issued by the 133rd Engineer Combat Battalion (ECB) (Heavy (H)), MEARNG, addressed to Headquarters, MEARNG, subject: Request Award of Combat Action Badge for members of 133rd ECB (H)
* memorandum, dated 25 October 2005, issued by the Maine Army National Guard (MEARNG), addressed to the applicant, subject: Award of the Combat Action Badge
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 he enlisted in the New York ARNG (NYARNG) on 5 January 1994.
3. His official military personnel file contains the following:
a. DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the rated period of August 2004 through November 2004. The applicant is shown as being assigned to Company A, 133rd ECB (H) at a deployed location in Iraq.
b. DD Form 214, for the period ending 2 April 2005, which shows he was honorably released from active duty, as a result of completing his required active service, and transferred back to the NYARNG. It also shows he was deployed to Iraq during the period 19 March 2004 to 23 February 2005. This DD Form 214 does not show the award of the Combat Action Badge.
c. DD Form 214, for the period ending 9 April 2011, showing he was honorably released from active duty by reason of having completed his required active service. This DD Form 214 does not show he was awarded a Combat Action Badge.
4. The applicant provides a memorandum, dated 25 October 2005, issued by the MEARNG, addressed to the applicant, subject: Award of the Combat Action Badge, which shows he was awarded the Combat Action Badge.
DISCUSSION AND CONCLUSIONS:
The applicant requests correction of his DD Form 214 to show his already-awarded Combat Action Badge. He provides the authorizing document, issued by the MEARNG, awarding him the Combat Action Badge. His DD Form 214 for the period ending 9 April 2011 does not reflect 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
amending his DD Form 214 for the period ending 9 April 2011 to show the Combat Action Badge.
___________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) AR20150004381
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ABCMR Record of Proceedings (cont) AR20150004381
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