IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004878 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) for the period ending 4 October 2010 to show the Combat Action Badge (CAB). 2. The applicant states, in effect, that he was awarded the CAB and wants an addendum to his DD Form 214 and to his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show he received the CAB. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Permanent Orders 297-132 dated 24 October 2006 * NGB Form 22 * CAB Certificate dated 19 November 2006 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 20 February 1990, the applicant enlisted in the Regular Army. After initial training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). 3. On 9 August 1995, he was honorably released from active duty. He had 5 years, 5 months, and 20 days of net active duty service. His DD Form 214 shows his awards included the Combat Infantryman Badge (CIB). 4. On 11 September 1997, the applicant enlisted in the Kansas Army National Guard (KSARNG). He completed initial training and was awarded MOS 25U (Signal Support Systems Specialist). 5. On 15 July 2005, the applicant was ordered to active duty in support of Operation Iraqi Freedom (OEF) and was assigned to Headquarters and Headquarters Battery, 1st Battalion, 127th Field Artillery. 6. Permanent Orders 297-132 dated 24 October 2006 from Headquarters, Multi-National Corps Iraq, Baghdad, Iraq awarded the applicant the CAB for engaging or being engaged by the enemy on 19 November 2005. 7. On 16 November 2006, the applicant was honorably released from active duty and returned to the KSARNG. He served 1 year, 4 months, and 2 days of net active duty service. 8. On 15 April 2009, the applicant received mobilization orders for the purpose of Operation Enduring Freedom (OEF). He entered active duty on 22 July 2009 and he was released from active duty on 4 October 2010 by reason of completion of his required active service. He had completed 1 year, 2 months and 13 days of active service that was characterized as honorable. His DD Form 214 shows he was awarded or authorized the: * Iraq Campaign Medal with two campaign stars * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) (3rd Award) * Army Good Conduct Medal * Army Reserve Components Achievement Medal (4th Award) * National Defense Service Medal (2nd Award) * South West Asia Service Medal with three bronze service stars * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon (NCOPDR) * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Armed Forces Reserve medal (AFRM) with “M” Device * AFRM with 10-year Device – bronze * Multi-National Force and Observers Medal (2nd Award) * CIB * Expert Infantryman Badge (EIB) * Kuwait Liberation Medal (KLM)– Saudi Arabia (SA) * KLM – Kuwait * Parachutist Badge 9. On 16 December 2011, the applicant received his notification of eligibility for retired pay at age 60. 10. On 11 September 2013, the applicant was discharged from the KSARNG and transferred to the Retired Reserve. His NGB Form 22 shows he was awarded the: * KSARNG Service Medal (2nd Award) * KSARNG * KSARNG * KSARNG * ARCOM * AAM (3rd Award) * AFRM * NCOPDR * Civilian Awards to the Secretary of the Army (CASAs) * CIB * EIB * KLM-SA * KLM-Kuwait * Item 18 – “Ordered to Active Duty in Support of Operation Iraqi Freedom from: 20050715 to: 20061116” DISCUSSION AND CONCLUSIONS: 1. Permanent Orders 297-132 dated 24 October 2006 awarded the applicant the CAB for engaging or being engaged by the enemy on 19 November 2005, and he received his CAB Certificate on 19 November 2006. The CAB is not listed on his DD Forms 214. 2. The applicant is advised to submit a request to the KSARNG to add the CAB to his NGB Form 22 for the period ending 16 November 2006 or 4 October 2010. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the CAB to the applicant’s DD Form 214 for the period ending 4 October 2010. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to listing his CAB to his NGB Form 22. The applicant will need to seek administrative remedy available through the KSARNG to correct his NGB Form 22. ___________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) AR20080017874 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004878 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1