BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150006619 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 30 April 2004 to show he was awarded or authorized the Combat Action Badge, the Global War on Terrorism Expeditionary Medal (GWOTEM), and the Iraq Campaign Medal (ICM). 2. The applicant states these awards were awarded but were never added to his DD Form 214. They were awarded after his discharge and he was just recently made aware of them. 3. The applicant provides: * a copy of his DD Form 214 for the period ending 30 April 2004 * Permanent Orders 156-16, dated 5 June 2006 * a memorandum issued by the Florida Army National Guard (FLARNG), dated 10 June 2005, subject: Award of the GWOTEM * a memorandum issued by the FLARNG, dated 8 September 2005, subject: Award of the ICM 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 8 November 1995. He completed his initial entry training and was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic). 3. He was released from active duty and transferred to the FLARNG on 7 November 1998. 4. He was ordered to active duty in support of ongoing operations on 16 January 2003. He was honorably released from active duty and returned to the control of the FLARNG on 30 April 2004. His DD Form 214 shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon * Army Lapel Button b. Item 18 (Remarks), the following entries: * "Ordered to Active Duty in Support of Operation Enduring Freedom IAW USC 12302" * "Served in Support of Operation Noble Eagle/Enduring/Iraqi Freedom while in Iraq/Jordan from 030401 thru 040312" 5. A memorandum issued by Headquarters and Headquarters Company (HHC), 1st Battalion, 124th Infantry Regiment, FLARNG on 10 June 2005, subject: Award of the GWOTEM, awarded him the GWOTEM for performance of support operations at Prince Hussan Airbase, Jordan, during Operation Enduring Freedom for the period 3 April 2003 to 8 May 2003. 6. A memorandum issued by HHC, 1st Battalion, 124th Infantry Regiment, FLARNG, dated 8 September 2005, subject: Award of the ICM, awarded him the ICM for performance of combat operations within the country of Iraq during Operation Iraqi Freedom, for the period 7 May 2004 (sic) to 28 February 2004. 7. Permanent Orders 156-16, issued by the Office of the Administrative Assistant to the Secretary, U.S. Army Resources and Programs Agency, on 5 June 2006, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy during assignment in a hostile area on 14 September 2003. 8. A review of his records indicates he is entitled to additional awards that are not shown on his DD Form 214. 9. A memorandum issued by HHC, 1st Battalion, 124th Infantry Regiment, FLARNG, dated 6 September 2005, subject: Award of the Global War on Terrorism Service Medal (GWOTSM), awarded him the GWOTSM for support of Operation Safe Skies for the period 16 January 2003 to 2 April 2003. 10. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges unit decorations, and similar devices awarded in recognition of accomplishments. It states a bronze service star is authorized with the ICM for participation in each credited campaign. Approved campaigns include Transition of Iraq (2 May 2003 to 28 June 2004). DISCUSSION AND CONCLUSIONS: 1. The applicant's DD Form 214 shows he was ordered to active duty in support of Operations Noble Eagle/Enduring Freedom/Iraqi Freedom while in Jordan and Iraq from 1 April 2003 thru 12 March 2004. 3. He provides and his record contains Permanent Order 156-16, dated 5 June 2006, which awarded him the Combat Action Badge for action on 14 September 2005. This award is not listed on his DD Form 214 for the period ending 30 April 2004. 4. He also provides and his record contains memoranda issued by HHC, 1st Battalion, 124th Infantry Regiment, dated 10 June 2005 and 8 September 2005 respectively, which awarded him the GWOTEM and the ICM. These awards are not listed on his DD Form 214 for the period ending 30 April 2004. 5. His record also contains a memorandum issued by HHC, 1st Battalion, 124th Infantry Regiment, dated 6 September 2005, which awarded him the GWOTSM. This award is not listed on his DD Form 214 for the period ending 30 April 2004. 6. The applicable Army regulation states a bronze service star is authorized for each campaign a member is credited with participating in for wear on the Iraq Campaign Medal. He participated in one campaign during his service in the Iraq. However, his DD Form 214 does not show a bronze service star with his previously-awarded Iraq Campaign Medal. 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 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 item 13 of his DD Form 214 for the period ending 30 April 2004 by adding the Combat Action Badge, Iraq Campaign Medal with one bronze service star, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service 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. ABCMR Record of Proceedings (cont) AR20150006619 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1