BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20150019206 BOARD VOTE: ____X_____ _X______ __X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20150019206 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 amending his DD Form 214 for the period ending 6 April 2005 to add the following awards: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Reserve Components Achievement Medal * Combat Action 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. BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20150019206 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 Discharge from Active Duty) to add all awards; specifically those earned for his combat service in Iraq from 5 March 2004 to 12 March 2005. 2. The applicant states his DD Form 214 does not reflect all of his awards. 3. The applicant provides his DD Forms 214 for the periods ending 8 June 2000 and 6 April 2005. 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 Illinois Army National Guard (ILARNG) on 28 October 1999. He completed active duty training during the period 8 February to 8 June 2000 and was awarded the military occupational specialty 14M (Man Portable Air Defense System Crewmember). 3. On 12 October 2003, the applicant was ordered to active duty in support of Operation Iraqi Freedom and served until he was honorably released from active duty. He completed 1 year, 5 months, and 25 days of creditable active duty service of which 1 year and 8 days was foreign service. 4. The applicant’s DD Form 214 for the period ending 6 April 2005 shows in: a. Item 18 (Remarks), the entry “SERVICE IN SOUTHWEST ASIA 20040305-20050312.” b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the following awards: * National Defense Service Medal * Army Service Ribbon * Armed Forces Reserve Medal with “M” Device * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal 5. The applicant’s Official Military Personnel File contains the following evidence which shows he earned additional awards not currently listed on his DD Form 214: a. Permanent Orders Number (#) 11-4, published by Headquarters, 1st Battalion, 202nd Air Defense Artillery, dated 31 May 2002, announced his award of the Army Achievement Medal; b. Permanent Orders # 14-9, published by Headquarters, 1st Battalion, 202nd ADA, dated 16 August 2002, announced his award of the Army Achievement Medal (2nd Award); c. ILARNG, Battery E, 202nd Air Defense Artillery, memorandum dated 12 November 2003, announced his award of the Army Reserve Components Achievement Medal; d. Permanent Orders # 247-106, published by Headquarters, 2nd Brigade Combat Team, 1st Cavalry Division, dated 3 September 2004, announced his award of the Army Commendation Medal; and e. Permanent Orders # 186-045, published by Department of Military Affairs, ILARNG, dated 5 July 2005, announced his award of the Combat Action Badge. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states to list on the DD Form 214 awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). DISCUSSION: 1. Permanent orders awarded the applicant the Army Achievement Medal (2nd Award), Army Commendation Medal, and Combat Action Badge. His DD Form 214 for the period ending 6 April 2005 does not reflect these awards. 2. An ILARNG memorandum awarded the applicant the Army Reserve Components Achievement Medal. His DD Form 214 for the period ending 6 April 2005 does not reflect this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019206 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019206 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2