AR20150009722

IN THE CASE OF:

BOARD DATE: 14 January 2016

DOCKET NUMBER: AR20150009722

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 DDForm214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq and overseas service ribbons.

2. The applicant states that his DD Form 214 is incomplete because it does not show his foreign service or overseas service ribbons.

3. The applicant provides copies of his:

* deployment orders
* casualty report
* DD Form 214
* NGB Form 22 (Report of Separation and Record of Service)

CONSIDERATION OF EVIDENCE:

1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3years 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 U.S. Army Reserve (USAR) on 25 November 1992 for a period of 8 years. Upon completion of training he was awarded military occupational specialty 92Y (Unit Supply Specialist). He was promoted to the rank of specialist (SPC)/pay grade E-4 on 1 August 1994.

3. He was discharged from the USAR and enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and Vermont ARNG (VTARNG) on
14 March 1996 to complete his Reserve obligation. Upon completion of training he was awarded MOS 19K (M1 Armor Crewman).

4. The applicant’s DA Form 2-1 (Personnel Qualification Record) shows, in pertinent part, in:

* item 5 (Oversea Service): Iraq from 27 June 2005 through 1 May 2006 (11 months)
* item 9 (Awards, Decorations and Campaigns)

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal (ARCAM)
(4th Award), 24 November 2004
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with “M” Device
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon

* item 17 (Civilian Education and Military Schools): Primary Leadership and Development Course Reserve Component (RC), 2 weeks, 1999

5. Company C, 1st Battalion, 172nd Armor, 86th Brigade, 42nd Infantry Division (Mechanized), State Armory, Morrisville, VT, memorandum, dated 6 December 2002, awarded the applicant the Armed Forces Reserve Medal with “Ten Year” Device for the period 26 November 1992 through 25 November 2002.

6. A DA Form 638 (Recommendation for Award) shows Headquarters,
1st Battalion, 172nd Armor (VTARNG), Morrisville, VT, Permanent Order Number 6-3, dated 9 December 2003, awarded the applicant the Army Achievement Medal (2nd Award) for the period 1 October 2002 to 30 September 2003.

7. State of Vermont, The Adjutant General’s Office, Green Mountain Armory, Colchester, VA, Orders 013-169, dated 13 January 2005, ordered the applicant to active duty in support of Operation Iraqi Freedom (OIF) on 16 January 2005 for a period not to exceed 545 days.

8. Headquarters, U.S. Army Human Resources Command (HRC), Alexandria, VA, Orders A-05-610742, dated 3 May 2006, as amended, retained the applicant on active duty to voluntarily participate in the RC Medical Holdover/Medical Retention Processing Program for completion of medical care and treatment.

9. The applicant’s DDForm214 shows he was ordered to active duty in support of OIF on 16 January 2005, honorably released from active duty on 9 May 2006 based on completion of required active service, and transferred to a VTARNG unit. He had completed 1 year, 3 months, and 24 days of net active service this period. It also shows in:

a. item 12 (Record of Service), block f (Foreign Service): 0 years, 0 months, and 0 days;

b. item13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with “M” Device

c. item18 (Remarks), no entry that he deployed to a foreign country during this period of active service.

10. In support of his application the applicant provides the following documents:

a. State of Vermont, The Adjutant General’s Office, Green Mountain Armory, Colchester, VA, North Atlantic Treaty Organization (NATO) Travel Order Number 013169, dated 13 January 2005, that shows the applicant was a member of a Force as defined in the NATO Status of Forces Agreement and authorized to travel from the United States on 16 January 2005 to OIF, with an expected date of return of 14 July 2006.
b. Casualty Report, dated 26 April 2006, that shows, on 1 March 2006, the applicant was diagnosed as suffering from depression. It also shows he was assigned to Company C, 1st Battalion, 172nd Armor, 2nd Brigade Combat Team, 28th Infantry Division, I Marine Expeditionary Force, and transferred to the Contingency Aeromedical Staging Facility, Balad, Iraq.

c. NGB Form 22 that shows the applicant enlisted on 14 March 1996 and was honorably discharged from the VTARNG and as a Reserve of the Army on 31 January 2008. He had completed 11 years, 10 months, and 17 days of net service this period; 2 years, 11 months, and 14 days of prior RC service;
4 months and 5 days of active Federal service; 15 years, 2 months, and 6 days of total service for pay; and 14 years of total service for retired pay. It shows in

* item15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period)

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* ARCAM (4th Award)
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with “M” Device
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* four State awards (Vermont National Guard)

* item 18 (Remarks), in pertinent part, “Active duty in support of OIF
16 January 20059 May 2006 during this period of service DD Form 214 issued.”

11. Defense Finance and Accounting Service records confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 29 June 2005 to 26 April 2006 for Kuwait.

12. A review of the applicant’s military personnel records failed to reveal any orders awarding him the Army Good Conduct Medal (AGCM). This review also failed to reveal any adverse or derogatory information, or evidence of a commander’s disqualification that would have precluded him from being recommended for or awarded the AGCM (1stAward).

13. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

(1) By message dated 8 February 2005, the Military Awards Branch at HRC provided clarification on award of the AGCM. It shows RC Soldiers mobilized onto active duty under Title 10, United States Code, are performing “active Federal military service” and are eligible to be awarded the AGCM. The qualifying periods of service must be continuous enlisted active Federal service.

(2) The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty. The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty. The period of service for the ARCAM begins the day after the RC Soldier is off active duty. (Therefore, the RC Soldier’s qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty. Any time prior to mobilization is lost and cannot count towards award of the ARCAM).

b. The NCO Professional Development Ribbon (NPDR) was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, ARNG, and USAR Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a Soldier will be awarded the NPDR with the numeral (2, 3, or 4) which identifies the highest level of NCO Evaluation System (NCOES) training successfully completed. The bar ribbon device is awarded for completion of primary level NCOES.

c. The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the UnitedStates who served in direct support of OIF. The ICM period of eligibility is on or after 19March 2003 to 31December 2011 (the cessation of OIF). A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in. During the applicant’s period of service in Iraq, participation credit was awarded for the

* Iraqi Governance (29June 2004 – 15December 2005)
* National Resolution (16December 2005 – 9January 2007)

d. The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, ARNG, and USAR in an active Reserve status are eligible for the award for successful completion of overseas tours.

(1) A numeral is used to denote subsequent awards of the OSR.

(2) According to the Military Awards Branch at HRC, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a
24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

14. Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army and contains item-by-item instructions for completing the DDForm214. It shows for:

a. item12, block f, enter total amount of foreign service completed during the period covered in item12, block c (Net Active Service This Period);

b. item13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records; and

c. item18, for an active duty Soldier deployed with his/her unit to a foreign country during their continuous period of active service enter: “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1. The applicant contends, in effect, that his DDForm214 should be corrected to show his overseas service in Iraq/Kuwait and all of his authorized awards.

2. The evidence of record shows the applicant served in Southwest Asia (SWA), as follows:

* DD Form 2-1: 27 June 2005 through 1 May 2006
* DFAS records: 29 June 2005 through 26 April 2006

a. Based on the available records, the Board concludes the applicant served in SWA from 27 June 2005 through 1 May 2006.

b. A calculation of this period of overseas service shows:

20060501 date of redeployment
– 20050627 date of deployment
= 001004
+ 1 day inclusive
= 001005 total foreign service Iraq/Kuwait

3. Item12, block f, and item18 of the applicant’s DDForm214 do not show his overseas service. Therefore, it would be appropriate to correct his DD Form 214 to show his overseas deployment in SWA and total foreign service.

4. The applicant’s service in support of OIF in Kuwait/Iraq from 27 June 2005 to
1 May 2006 qualified him for award of the ICM with two bronze service stars. This service also qualified him for award of the OSR.

5. Records show, in pertinent part, that during the period of military service from 25 November 1992 through 9 May 2006 the applicant was awarded the:

* Army Achievement Medal (2nd Award)
* ARCAM (4th Award)
* Armed Forces Reserve Medal with “Ten Year” Device
* NPDR

6. The applicant served a period of continuous, honorable active duty enlisted service from 16 January 2005 through 9 May 2006.

a. There is no evidence of any disciplinary actions, adverse information, or a commander’s disqualification for the first award of the AGCM.

b. His DA Form 2-1 and NGB Form 22 show he was awarded the AGCM. Thus, it may be concluded that orders were issued announcing the award.

c. Based on the available evidence, it would be appropriate to correct his
DD Form 214 to show award of the AGCM (1stAward) for the period of his active Federal service (i.e. from 16 January 2005 through 9 May 2006).

7. In view of the foregoing, it would be appropriate to correct the applicant’s DDForm214 to show his foreign service and awards, as recommended below.

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:

a. deleting the current entry from item 12, block f of his DD Form 214 and adding the entry: “0000 10 05” (i.e., 0 years, 10 months, 05 days);

b. adding the following awards to item13 of his DDForm214:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with 2 Bronze Service Stars
* Army Reserve Components Achievement Medal (4th Award)
* Armed Forces Reserve Medal with “Ten Year” Device
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon

c. adding to item 18 of his DD Form 214 the entry: “SERVICE IN IRAQ/KUWAIT FROM 2005062720060501.”

___________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) AR20150009722

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ABCMR Record of Proceedings (cont) AR20150009722

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