BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150004637 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 award of the Combat Action Badge (CAB), Army Commendation Medal (ARCOM), and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars. 2. The applicant states: * this is his second request to revise missing information on his DD Form 214 * his unit was returning from deployment and all records were not updated before he separated from the Army * he has possession of the ARCOM and 11th Aviation Regimental Commander Challenge Coin given to him in July 2003 * he was not given a DA Form 4187 (Personnel Action) for promotion to specialist or the ARCOM Certificate * he was attached to the 11th Regimental Aviation Theater Command in Iraq from March 2003 to July 2003 * he never received the CAB for participating in the Battles of Dogwood, Karbala, and Balad in Iraq 3. The applicant provides: * DA Form 638 (Recommendation for Award), dated 8 February 2004 * memorandum for record, dated 20 October 2003, subject: Award of Shoulder Sleeve Insignia – Former Wartime Service, SEN C31 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. In November 2014 in consideration of his previous application, he was notified by separate correspondence that he had not exhausted all administrative remedies available to him regarding his request for award of the CAB. He was provided the necessary information to do so. His request for award of the CAB will not be discussed further in this Record of Proceedings. 3. He enlisted in the Regular Army on 5 June 2001 and trained as a network switching systems operator/maintainer. He served in Kuwait/Iraq from March 2003 to March 2004. On 4 June 2005, he was honorably released from active duty. 4. His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), shows he was awarded or authorized the: * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Army Lapel Button * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon with Numeral 2 * Army Achievement Medal (2nd Award) * Driver and Mechanic Badge with Driver W Bar 5. There are no orders for award of the ARCOM or any marksmanship qualification badges in his available records. 6. Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 7. Army Regulation 600-8-22 also sets forth requirements for award of basic marksmanship qualification badges. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. DISCUSSION AND CONCLUSIONS: There are no orders for award of the ARCOM or any marksmanship qualification badges in the applicant's available records and he provided no evidence showing he was awarded these awards. There is insufficient evidence on which to base adding these awards to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ __X______ __X__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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) AR20150004637 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004637 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1