IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110012612 


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 2 April 2005 to show his award of the Combat Action Badge (CAB).

2.  The applicant states he was awarded the CAB after his release from active duty (REFRAD) and it was not added to his DD Form 214.

3.  The applicant provides a copy of orders awarding him the CAB.

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 was serving in the Maine Army National Guard (MEARNG) with Company C, 133d Engineer Battalion in military occupational specialty (MOS) 62J (general construction equipment operator) when he was ordered to active duty on 7 December 2003 in support of Operation Iraqi Freedom.  He deployed to Kuwait/Iraq in 2004 and on 2 April 2005 he was honorably REFRAD at the completion of required active service.  He completed 1 year, 3 months, and
26 days of creditable active service during this period.

3.  A memorandum, issued by Joint Force Headquarters, MEARNG, Camp Keyes, Augusta, ME, dated 26 October 2005, awarded the applicant the CAB for performing assigned duties in a hostile fire/imminent danger pay (HF/IDP) authorized area.  He was personally present and actively engaging or being engaged by the enemy and performing satisfactorily.

4.  Department of the Army General Orders Number 2009-15, dated
16 December 2009, awarded the 133rd Engineer Battalion the Meritorious Unit Commendation for the period 20 March 2004 to 27 February 2005 for exceptionally meritorious conduct in the performance of outstanding service during the period indicated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the CAB by the appropriate authority on 
26 October 2005 for his service in Iraq during the period 2004 and 2005.  Therefore, his DD Form 214 should be corrected to show this award.

2.  General orders awarded his unit the MUC during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending 2 April 2005 the Combat Action Badge and the Meritorious Unit Commendation.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110012612



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ABCMR Record of Proceedings (cont)                                         AR20110012612



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