IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004324 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 award of the Combat Action Badge (CAB) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 February 2004, to show all his authorized awards for service in Operation Iraqi Freedom (OIF). 2. The applicant states that while engaging the enemy, his vehicle was hit by an enemy improvised explosive device (IED), which put his crew and him out of commission. He contends his squad came under fire on numerous occasions while on patrol. 3. The applicant provides: * DD Form 214, for the period 21 August 1986 to 16 April 1987 * DD Form 214, for the period 17 October 2001 to 17 April 2002 * DD Form 214, for the period 7 February 2003 to 2 February 2004 * Orders Number M-039-0050, issued by Headquarters, U.S. Army 77th Regional Support Command (RSC), Fort Totten, New York on 8 February 2003 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. Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. This request must be on a DA Form 4187 (Personnel Action) if a Soldier is currently on active duty or in an active status. If a Soldier is not on active duty or in an active status, the Soldier may request this award by letter. All requests must contain: * assignment, attachment, or operational control orders * a copy of your Enlisted Record Brief or Personnel Qualification Record * a copy of the chain of command endorsement * a one-page narrative description of the qualifying incident * a copy of your DD Form 214 * other supporting documentation 3. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available. There is no evidence indicating the applicant has previously submitted a request for the CAB to HRC. Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings. The applicant has been informed by separate correspondence of the disposition of that portion of his request that pertains to the CAB. 4. The applicant enlisted in the U.S. Army Reserve on 23 July 1986. He completed his initial training and was awarded military occupational specialty 12B (Combat Engineer). 5. A DD Form 214 shows he served on active duty from 17 October 2001 to 17 April 2002 for a period of 6 months in support of Operation Noble Eagle. He served in MOS 95B (Military Policeman). 6. Orders Number M-039-0050, issued by Headquarters, U.S. Army 77th RSC on 8 February 2003, ordered the applicant to active duty as a member of the 812th Military Police (MP) Company in support of Operation Enduring Freedom (OEF) with a report date of 10 February 2003. 7. The evidence shows he entered active duty on 7 February 2003 and he was released from active duty on 2 February 2004. The DD Form 214 he was issued for this period of service shows he was ordered to active duty in support of OEF/OIF and he served in Iraq/Kuwait from 16 April to 26 December 2003. His DD Form 214 also shows he was awarded or authorized the: * Army Commendation Medal * Joint Service Achievement Medal * Army Reserve Components Achievement Medal * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device (2nd Award) * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon 8. Permanent Orders Number 178-02, issued by HRC on 26 June 2008, awarded the 812th MP Company the Valorous Unit Award for heroism in action against an enemy during the period 27 April to 28 November 2003. 9. Army Regulation 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is awarded to members who have served in direct support of OIF. The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) b. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or the Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in Kuwait and Iraq from 16 April to 26 December 2003, which is a qualifying period of service for the Iraq Campaign Medal with two bronze service stars. 2. He served a qualifying period of service for the Global War on Terrorism Service Medal. 3. The applicant’s unit, the 812th MP Company, was awarded the Valorous Unit Award for service during his period of assignment to this unit. BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 his DD Form 214 for the period ending 2 February 2004 the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, and the Valorous Unit Award. _______ _ _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) AR20150004324 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004324 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1