IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004320 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 award of the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 1 March 2004. 2. The applicant states he was awarded the Combat Infantryman Badge during his deployment to Iraq. 3. The applicant provides: * two DA Forms 4187 (Personnel Action), dated 6 May 2003 * Headquarters, 1st Brigade Combat Team (Operation Iraqi Freedom (OIF)), 3rd Infantry Division (Mechanized (MECH)) (Forward (FWD)) Permanent Orders 130-48, dated 10 May 2003 * two DD Form 214 worksheets * DD Form 214 with a separation date of 1 March 2004 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 12 October 1999, he enlisted in the Florida Army National Guard. 3. On 29 December 2002, he was ordered to active duty as a member of his Army National Guard unit, Company B, 3rd Battalion, 124th Infantry, to report on 2 January 2003. The period of active duty was for 365 days in support of Operation Noble Eagle/Enduring Freedom. On 12 November 2003, his orders were modified to show the period of active duty from 2 January 2003 through 21 April 2004. On 6 March 2004 these orders were further modified to show the period of active duty from 2 January 2003 to 1 March 2004. 4. A DA Form 4187, dated 6 May 2003, with attached list, was submitted by the Commander, 3rd Battalion, 124th Infantry for the award of the Combat Infantryman Badge. The attached list was not available for review. Section IV (Remarks) states they arrived in theater in support of OIF on 5 April 2003. 5. The applicant provided Headquarters, 1st Brigade Combat Team (OIF), 3rd Infantry Division (MECH) (FWD) Permanent Orders 130-48, dated 10 May 2003, announcing the award of the Combat Infantryman Badge to the individuals on an attached roster. The period of service for the award was 5 - 30 April 2003. He provided page 2 of the 4-page roster that lists his name and his unit is shown as Company B, 3rd Battalion, 124th Infantry. 6. On 1 March 2004, he was released from active duty. An entry in item 18 (Remarks) of his DD Form 214 indicates he served in Kuwait/Iraq from 4 April 2003 - 31 January 2004. His DD Form 214 shows he was awarded or is authorized the: * Army Commendation Medal * National Defense Service Medal * Armed Forces Reserve Medal with 'M' device * Army Service Ribbon 7. Department of the Army General Orders Number 2010-22, dated 24 November 2010, awarded the Presidential Unit Citation (Army) for extraordinary heroism in action against an armed enemy to the 3rd Battalion, 124th Infantry (less Company D) from 27 April to 1 May 2003. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. The area of eligibility 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 contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. b. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the Global War on Terrorism Service Medal. DISCUSSION AND CONCLUSIONS: 1. Orders provided by the applicant show he was awarded the Combat Infantryman Badge for the period 5 - 30 April 2003. 2. He was assigned to Company B, 3rd Battalion, 124th Infantry during the period the 3rd Battalion was awarded the Presidential Unit Citation (Army). 3. The DA Form 4187, dated 6 May 2003, shows his unit arrived in Iraq on 5 April 2003 and the entry in item 18 of his DD Form 214 shows he left Iraq on 4 April 2003. This shows he would have participated in two campaigns. 4. He is authorized the Iraq Campaign Medal with two bronze service stars. 5. He meets the criteria for the Global War on Terrorism Service 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 amending his DD Form 214 with a separation date of 1 March 2004 by adding the: * Presidential Unit Citation (Army) * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal * Combat Infantryman 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) AR20150004320 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004320 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1