IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012181 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 IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012181 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 adding the Combat Action Badge to item 13 of his DD form 214. 2. The Board further determined that 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 any relief in excess of that described above. ___________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. IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012181 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 in: a. item 12 (Date Entered Active Duty (AD) This Period) the entry “2006 07 18;” and b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Combat Action Badge (CAB). 2. The applicant states his DD Form 214 contains an incorrect entry in item 12a and that item 13 does not list the CAB. 3. The applicant provides a copy of his DD Form 214. He submits his request on a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States). 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. His military record shows that after having prior service in the Reserve and active duty components, he entered active duty as a member of the Army National Guard of the United States (ARNGUS) in support of Operation Iraqi Freedom on 15 July 2006. 3. On 4 November 2007, he was honorably released from active duty by reason of completion of required active service. The DD Form 214 issued him at that time contains the entry "2007 07 18" in item 12a and item 13 does not include the CAB. 4. His Official Military Personnel File (OMPF) contains a DD Form 215 (Correction to DD Form 214) dated 2 November 2007. It corrected item 12a to show the applicant entered active duty on 15 July 2006, thereby completing 1 year, 3 months, and 20 days for the period covered on the DD Form 214 as indicated in item 12c (Net Active Service This Period). 5. On 17 March 2008, the 316th Sustainment Command (Expeditionary), issued Permanent Order 077-004, announcing the applicant’s award of the CAB for engaging or being engaged by the enemy on 17 June 2007. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for completing Item 12a states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued. The instructions for item 12c state to enter the amount of service completed during the period covered by the DD Form 214, which is computing by subtracting item 12a from 12b. DISCUSSION: 1. Official orders on file confirm the applicant was ordered to active duty in support of OIF on 15 July 2007. A DD Form 215 on file confirms corrective action was previously taken to correct item 12a of the his DD Form 214 to show 15 July 2006. 2. Official orders awarded the applicant the CAB for being engaged by or engaging the enemy on 17 June 2007. This award is not currently listed on the applicant’s 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) AR20160012181 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012181 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2