IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150002624 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 his DD Forms 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in: * Item 12d (Total Prior Active Service) - unspecified, requires calculation * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Meritorious Unit Commendation (MUC) and Combat Action Badge (CAB) 2. The applicant states his final DD Form 214 has incorrect information listed in item 12d. Item 13 of his DD Form 214 does not list the MUC and the CAB he earned during his first deployment. 3. The applicant provides: * four DD Forms 214 * National Guard Bureau Form 22 (Report of Separation and Record of Service) * memorandum, subject: MUC – Permanent Orders, issued by U.S. Army Human Resources Command (AHRC), Alexandria, VA, dated 18 October 2007 * memorandum, subject: Approval of CAB for 3rd Brigade Combat Team, 1st Cavalry Division, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX. 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 8 January 2003. 3. In a memorandum, subject: Approval of CAB for 3rd Brigade Combat Team, 1st Cavalry Division, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, the applicant’s name is listed on a roster as having been verified and approved for the CAB for actions in Iraq. 4. A memorandum, subject: MUC – Permanent Orders, issued by AHRC, Alexandria, VA, dated 18 October 2007, shows the recommendation for award of the MUC was approved for Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division and its subordinate units for the period 17 March 2004 through 23 March 2005. 5. On 7 January 2006, he was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Reinforcement). He completed 3 years of net active service this period. His DD Form 214 shows he was authorized the following awards: * Driver and Mechanic Badge * Army Commendation Medal (ARCOM) * Army Good Conduct Medal (AGCM) * National Defense Service Medal (NDSM) * Army Service Ribbon (ASR) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) 6. His DD Form 214 does not show award of the MUC or the CAB. 7. On 31 July 2007, he enlisted in the Army National Guard (ARNG). 8. On 14 April 2008, he was ordered to active duty in support of border security. He was REFRAD on 15 July 2008. He completed 3 months and 2 days of net active service this period. He was also credited with 3 years of total prior active service (item 12d). His DD Form 214 shows he was authorized the following awards: * Driver and Mechanic Badge * ARCOM * AGCM * NDSM * ASR * GWOTEM * GWOTSM 9. He was ordered to active duty in support of Operation Iraqi Freedom on 23 September 2009. He was REFRAD on 7 October 2010. His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), shows he completed 11 months and 21 days of net active service this period. He was also credited with 3 years, 3 months, and 2 days of total prior active service (item 12d). His DD Form 214 shows he was authorized the following awards: * Driver and Mechanic Badge * ARCOM * AGCM * NDSM * ASR * GWOTEM * GWOTSM * Armed Forces Service Medal (AFSM) * Iraq Campaign Medal (ICM) with one bronze service star * Overseas Service Ribbon (OSR) * Armed Forces Reserve Medal (AFRM) with "M" Device 10. On 14 September 2010, he was ordered to active duty in support of Operation Copper Cactus. He was REFRAD on 8 April 2011. He completed 6 months and 25 days of net active service this period. He was also credited with 3 years, 11 months, and 21 days of total prior active service. His DD Form 214 shows he was authorized the following awards: * Driver and Mechanic Badge * ARCOM * AGCM * NDSM * ASR * GWOTEM * GWOTSM * AFSM * ICM with one bronze service star * OSR * AFRM with "M" Device 11. Army Regulation 635-5, governs the preparation of the DD Form 214. This regulation specifies that item 12d will include the total prior active service. DISCUSSION AND CONCLUSIONS: 1. He was awarded the CAB for his service in Iraq. The badge is not listed on his DD Form 214 for the period ending 7 January 2006. 2. He served with Headquarters Company, 3rd Brigade, 1st Cavalry Division during the period for which the unit was awarded the MUC. This unit award is not listed on his DD Form 214 for the period ending 7 January 2006. 3. It appears that an administrative error occurred during the preparation of his DD Form 214 for the period ending 8 April 2011 in the calculation of his total prior active service. For the period ending 7 January 2006, he completed 3 years of net active service this period. For the period ending 15 July 2008, he completed 3 months and 2 days of net active service this period. For the period ending 7 October 2010, he completed 11 months and 21 days of net active service this period. 4. Based on his total prior active service, his DD Form 214 for the period ending 8 April 2011 should have credited him with 4 years, 2 months, and 23 days of total prior active service in item 12d. 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: a. amending his DD Form 214 for the period ending 8 April 2011, to show he was credited with 4 years, 2 months, and 23 days of total prior active service in item 12d; and b. amending his DD Forms 214 for the periods ending 7 January 2006, 15 July 2008, 7 October 2010, and 8 April 2011 to add the MUC and the CAB. _______ _ _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) AR20150002624 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002624 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1