IN THE CASE OF:  	  

		BOARD DATE:  12 January 2016	  

		DOCKET NUMBER:  AR20150006190 


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) and Valorous Unit Award (VUA).

2.  The applicant states:

	a.  The CAB and VUA are not listed on his DD Form 214 even though he was assigned to the 3d Battalion, 7th Infantry Regiment, and deployed to Iraq from January 2005 to January 2006.

	b.  Soldiers from his platoon have these awards on their DD Forms 214.

	c.  He did not notice these awards weren't on his DD Form 214 when he left the Army.

3.  The applicant provides no additional evidence.

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 15 February 2003 and trained as a cavalry scout.  He served in Iraq from 20 January 2005 to 19 January 2006.

3.  Headquarters, 3d Infantry Division, Permanent Orders Number 329-126, dated 25 November 2005, awarded him the CAB.  These orders show he was assigned to Headquarters and Headquarters Company, 3d Battalion, 7th Infantry Regiment, 4th Brigade, 3d Infantry Division, in Iraq.

4.  On 30 April 2006, he was honorably released from active duty.

5.  His DD Form 214 shows he was awarded or authorized the:

* U.S. Army/U.S. Air Force Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge with Driver-M Bar

6.  Headquarters, 4th Brigade, 3d Infantry Division, Permanent Orders Number 142-13, dated 22 May 2006, awarded him the Army Commendation Medal (ARCOM) for meritorious service during the period 11 August 2003 to 15 May 2006.

7.  Headquarters, Department of the Army, General Orders Number 2014-49, dated 18 July 2014, awarded the 3rd Battalion, 7th Infantry Regiment, the VUA for the period 15 January 2005 to 14 January 2006.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the CAB and ARCOM.  His DD Form 214 does not show these awards.

2.  General orders awarded his unit in Iraq the VUA.  His DD Form 214 does not 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 the evidence presented is 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 award of the ARCOM, CAB, and VUA to his DD Form 214.




      _______ _   _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)                                         AR20150006190



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150006190



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1