IN THE CASE OF BOARD DATE: 17 July 2014 DOCKET NUMBER: AR20130021571 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) to show all awards he is authorized. 2. He states his DD Form 214 does not show all of the awards he was given, for example, the Combat Infantryman Badge (CIB). He was discharged right after coming back from Afghanistan. He was given medals, but the orders were not written. Without orders, the awards couldn't be entered on his DD Form 214. This issue has come up while applying for Federal employment and again while putting together his service-connected disability claim. 3. He provides his DD Form 214. 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 26 October 2000, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman). 3. On 1 April 2003, Headquarters, Coalition Task Force 82, Bagram Airfield, Afghanistan, issued Permanent Orders 091-1453 awarding him the CIB for being engaged in active ground combat during the period 6 January to 30 April 2003. The orders show he was assigned to Company B, 3rd Battalion, 504th Parachute Infantry Regiment (PIR). 4. On 25 October 2003, he was honorably released from active duty. His DD Form 214 shows in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * item 18 (Remarks), in part – "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030109 TO 20030726" 5. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal (ACM) is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns include Consolidation I (1 December 2001-30 September 2006). 6. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 7. Permanent Orders Number 093-04, issued by the U.S. Army Human Resources Command, dated 2 April 2008, announced award of the Valorous Unit Award (VUA) to the 3rd Battalion, 504th PIR, for the period 17 January to 17 August 2003. DISCUSSION AND CONCLUSIONS: 1. Permanent orders awarded the CIB to the applicant. He served in Afghanistan during the period of eligibility for the ACM, and his service coincided with one campaign. Therefore, he is entitled to correction of his DD Form 214 to show the CIB and ACM with one bronze service star. Also based upon award of the ACM, he is entitled to award of the GWOTSM. 3. He served in the 3rd Battalion, 504th PIR, during a period for which the unit was awarded the VUA. He is entitled to correction of his DD Form 214 to show this unit 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 following awards to item 13 of his DD Form 214: * ACM with one bronze service star * GWOTSM * CIB * VUA ____________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) AR20130021571 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130021571 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1