BOARD DATE: 4 April 2014 DOCKET NUMBER: AR20150017125 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 April 2014 DOCKET NUMBER: AR20150017125 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 29 August 2004 to show the: * Combat Infantryman Badge * Army Commendation Medal (2nd Award) with "V" Device * Driver and Mechanic Badge with Tracked Vehicle Bar * Overseas Service Ribbon 2. The Board further determined 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 the Army Achievement Medal. _____________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. BOARD DATE: 4 April 2014 DOCKET NUMBER: AR20150017125 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 the: * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) (2nd Award) with "V" Device * Army Achievement Medal (AAM) * Driver and Mechanic Badge with Tracked Vehicle Bar 2. He states, in effect, the above awards were received after he was discharged. 3. He provides: * Orders 178-02, dated 27 June 2003 * Orders 196-03, with roster, dated 15 July 2003 * ARCOM Certificate * DA Form 638 (Recommendation for Award), dated 2 February 2004, with ARCOM Certificate 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 30 August 2001. He completed training and he was awarded military occupational specialty (MOS) 11B (Infantryman). 3. He served in Iraq from 11 April 2003 to 15 April 2004. 4. Permanent Orders Number 178-02, issued by Headquarters, 1st Battalion, 67th Armor, 2d Brigade, 4th Infantry Division (Mechanized), dated 27 June 2003, awarded the applicant the Driver's Badge (Track) for the period of service from 22 June 2002 to 21 June 2003 for driving a motor vehicle for a period of 1 year without accidents or traffic violations. 5. Permanent Orders Number 196-03, issued by Headquarters, 4th Infantry Division (Mechanized), dated 15 July 2003, awarded the applicant the CIB. 6. A certificate, annotated with Permanent Orders Number 025-37, shows the applicant was awarded the ARCOM with "V" Device for valorous achievement as the B22 driver during combat operations on 23 October 2003. 7. A certificate and a DA Form 638, annotated with Permanent Orders Number 035-068, issued by Headquarters, 2d Brigade, 4th Infantry Division (Mechanized), awarded the applicant the ARCOM for exceptional meritorious service as a Bradley Fighting Vehicle driver in support of Operation Iraqi Freedom for the period 12 April 2003 to 1 April 2004. 8. The applicant's official military personnel file (OMPF) does not contain any evidence indicating he was awarded the AAM. 9. The applicant was honorably released from active duty on 29 August 2004 and credited with completing 3 years of active service. His DD Form 214 shows award of the: * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * National Defense Service Medal * Army Service Ribbon REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) is awarded for completion of overseas tours. The U.S. Army Human Resources Command has established that tours in countries where no tour length has been established, such as Iraq, may be eligible for the OSR if a Soldier has served in the country for 9 consecutive or 11 non-consecutive months. DISCUSSION: 1. Orders verify he was awarded the Driver and Mechanic Badge with Tracked Vehicle Bar, CIB, ARCOM (2nd Award) with "V" Device. These awards are not listed on his DD Form 214. 2. There is no evidence in the available records indicating he was awarded the AAM. 3. He served in Iraq for over a year, which makes him eligible for the OSR. This ribbon is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017125 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2