IN THE CASE OF: BOARD DATE: 30 September 2008 DOCKET NUMBER: AR20080010784 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 September 1992 to show award of the Overseas Service Ribbon and the Good Conduct Medal. 2. The applicant requests, in effect, correction of his DD Form 214 for the period ending 11 September 2003 to show award of the Purple Heart, the Bronze Star Medal with “V” Device, the second award of the Overseas Service Ribbon, the second award of the Good Conduct Medal, and the Global War on Terrorism Service Medal (GWOTSM). He also requests that items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) be corrected to show sergeant, E-5; that item 12a (Date entered AD [active duty] This Period) be corrected to show 22 January 2003; and that item 12b (Separation Date This Period) be corrected to show 12 December 2003. 3. The applicant requests, in effect, correction of his DD Form 214 for the period ending 28 November 2005 to show award of the Purple Heart with First Oak Leaf Cluster, the third award of the Overseas Service Ribbon, the second award of the Good Conduct Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), and a second award of the GWOTSM. He also requests that items 4a and 4b be corrected to show staff sergeant, E-6; and that item 12b be corrected to show 7 December 2005. 4. The applicant states, in effect, that the problems with his DD Forms 214 are due to his impatience and lack of knowledge when he was leaving active. He contends that his discharge certificate followed after he was released from active duty. 5. The applicant provides three applications; two award certificates for the Purple Heart for wounds received on 13 October 2003 and on 22 December 2004; an award certificate for the Bronze Star Medal with “V” Device; orders for the Army Achievement Medal; Honorable Discharge Certificates, dated 8 September 1992 and 28 November 2005; orders for the Good Conduct Medal; active duty orders, dated 25 May 2004 and 1 March 2005; a DD Form 215 (Correction to DD Form 214), dated 14 November 2006; and three DD Forms 214 for periods ending 8 September 1992, 11 September 2003, and 28 November 2005. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve around November 1990. He was ordered to active duty for training on 27 November 1990 and released from active duty on 4 April 1991. An Army National Guard Retirement Points History Statement indicates he had a civilian break in service from 5 April through 27 August 1991. 2. The applicant enlisted in the Regular Army on 28 August 1991. He was honorably discharged on 8 September 1992. He had been released early as a result of his believing he would be unable to overcome a locally-imposed bar to reenlistment. 3. The applicant’s DD Form 214 for the period ending 8 September 1992 shows the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar as authorized awards. This DD Form 214 shows that he served 8 months and 28 days of foreign service. 4. The applicant was separated from the Army Transition Point at Fort Dix, NJ. The official authorized to sign the DD Form 214 for the period ending 8 September 1992 was S____ M. M___, Major, Commander, Army Transition Point. 5. There are no orders for the Good Conduct Medal in the available records. However, the applicant provided a memorandum, dated 15 August 1992, which states that he was awarded the Good Conduct Medal for the period 27 November 1990 to date of separation on or about 8 September 1992. The letterhead of this memorandum is 8th Infantry Division, A Company, 208th Support Battalion, U. S. Army Europe. The memorandum is signed by S____ M. M___, Major. 6. The applicant’s records contain a memorandum, dated 8 September 1992, showing the applicant received the Overseas Service Ribbon for the period 11 December 1991 to 8 September 1992. The letterhead of this memorandum is 8th Infantry Division, A Company, 208th Support Battalion, U. S. Army Europe. The memorandum is signed by S____ M. M___, Major. 7. The applicant enlisted in the Army National Guard on 17 September 2001 for a period of 2 years. He was ordered to active duty (his active duty orders are not available; his DD Form 214 indicates he was ordered to active duty on 27 January 2003) in support of Operation Noble Eagle and Enduring Freedom. 8. The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he was promoted to specialist effective 1 March 2003. 9. Orders dated 21 August 2003 released the applicant from active duty on 30 September 2003. These orders were amended on 4 September 2003 to change his date of release from active duty to 11 September 2003. 10. Item 4a on the applicant’s DD Form 214 for the period ending 11 September 2003 shows the entry, “SPC [specialist]. Item 4b on this DD Form 214 shows the entry, “E4.” Item 12a on this DD Form 214 shows the entry, “2003 01 27.” Item 12b on this DD Form 214 shows the entry, “2003 09 11.” This DD Form 214 shows the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal (2nd Award), the Armed Forces Reserve Medal with “M” Device, the Army Service Ribbon, the Overseas Service Ribbon, and the Air Assault Badge as authorized awards. 11. There are no orders for the Purple Heart in the available records. However, the applicant provided an award certificate, dated 29 November 2003, which shows he received the Purple Heart for wounds received on 13 October 2003 in Iraq. 12. In support of his claim to amend items 12a and 12b on his DD Form 214 for the period ending 11 September 2003, the applicant provided orders for the Army Achievement Medal for the period 22 January 2003 through 12 December 2003. 13. The DA Form 638 (Recommendation for Award) related to the Army Achievement Medal indicates it was initiated on 5 December 2003. The achievements listed in support of the award stated, “Provided exceptional support to their section, the unit and the 101st Airborne Division (Air Assault) while serving with the 3397th Garrison Support Brigade (Provisional) in support of Operations Noble Eagle, Enduring Freedom and Iraqi Freedom”; “Performance and dedication to duty enabled the 3397th Garrison Support Brigade (Provisional) to smoothly and successfully mobilize and deploy over 7,000 reserve component Soldiers and equipment. Also assisted the unit in successfully demobilizing over 3,000 of those reserve component Soldiers”; and “Support of the unit enabled the successful deployment of over 22,000 101st Airborne Division Soldiers, equipment, and vehicles to Iraq in support of Operation Iraqi Freedom.” 14. The citation for the Army Achievement Medal stated, “For meritorious achievement while serving as a member of the 3397th Garrison Support Brigade (Provisional) at Fort Campbell, Kentucky from 22 January 2003 to 12 December 2003. Your outstanding efforts in support of Operations Noble Eagle, Enduring Freedom and Iraqi Freedom enabled the unit to accomplish its mobilization mission above standards.…” 15. There are no orders for the Bronze Star Medal with “V” Device in the available records. However, the applicant provided an award certificate, dated 24 February 2004, which shows he received the Bronze Star Medal with “V” Device for heroism on 13 October 2003 in Iraq. 16. Records at the Defense Finance and Accounting Service (DFAS) fail to show that the applicant received hostile fire pay in 2002 or 2003. 17. The applicant was ordered to active duty on 11 June 2004 in support of Operation Iraqi Freedom. He arrived in Kuwait/Iraq on 7 October 2004. 18. Orders show the applicant was promoted to sergeant effective 12 July 2005. 19. The applicant departed Kuwait/Iraq on 30 October 2005. On 28 November 2005, he was released from active duty and was returned to the Army National Guard of Tennessee. 20. The applicant provided an Honorable Discharge Certificate dated 28 November 2005. 21. Item 4a on the applicant’s DD Form 214 for the period ending 28 November 2005 shows the entry, “SGT [sergeant]. Item 4b on this DD Form 214 shows the entry, “E05.” Item 12b on this DD Form 214 shows the entry, “2005 11 28.” This DD Form 214 shows the Army Commendation Medal, the Army Achievement Medal (2nd Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal (2nd Award), the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon (3rd Award), the Armed Forces Reserve Medal with “M” Device (2nd Award), the Combat Medical Badge, the Combat Action Badge, the Air Assault Badge, the GWOTEM, the GWOTSM (2nd Award), and the Iraq Campaign Medal as authorized awards. 22. The applicant provided an award certificate, dated 29 January 2005, which shows he received the Purple Heart for wounds received in action on 22 December 2004 in Iraq. 23. On 8 September 2005, the U. S. Army Human Resources Command –Alexandria, VA (USAHRC – Alex), informed the Board analyst that the applicant’s name is not listed in the Iraq casualty data base. 24. There is no evidence of record which shows the applicant was promoted to staff sergeant, E-6. 25. In support of his claim to amend item 12b on his DD Form 214 for the period ending 28 November 2005, the applicant provided active duty orders which shows an end date of 7 December 2005. However, there is no evidence of record which shows he was discharged on 7 December 2005. 26. On 8 August 2006, the applicant was honorably discharged from the Army National Guard and as a Reserve of the Army. 27. On 9 August 2006, the applicant enlisted in the Regular Army for a period of 3 years. 28. A DD Form 215, dated 14 November 2006, amended the applicant’s DD Form 214 for the period ending 28 November 2005 by removing the Good Conduct Medal (2nd Award), the GWOTEM, the Overseas Service Ribbon (3rd Award), and the GWOTSM (2nd Award); and adding the Army Good Conduct Medal, the Overseas Service Ribbon (2nd Award), the GWOTSM, and the Overseas Service Bar (2nd Award). 29. The applicant reenlisted in the Regular Army on 1 October 2007 for a period of 2 years. He reenlisted again on 2 November 2007 for a period of 6 years. 30. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart. 31. Army Regulation 614-30 (Overseas Service) states an individual will be awarded tour credit if he or she completes less than the normal prescribed overseas tour when curtailment was for the convenience of the Government and through no fault of the individual. 32. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. 33. A Frequently Asked Questions document from the Human Resources Command (HRC), Military Awards Branch, updated on 25 June 2007, contains examples to show Soldiers’ eligibility for awards while deployed to Iraq. The document states “Question: Can I be awarded the OSR [Overseas Service Ribbon] for being in Iraq? Answer: Soldiers are authorized to be awarded the OSR upon completion of a ‘normal overseas tour as IAW [in accordance with] AR [Army Regulation] 614-30.’ If a Soldier is credited with tour completion for serving in Iraq, yes they can receive the OSR.” 34. The document states, “Question: How long do I have to serve in Iraq or Afghanistan to be awarded the OSR? Answer: Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office: ‘Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a TCS/TDY [temporary change of station/temporary duty] status get credit for a completed short tour. Your reference is AR [Army Regulation] 614-30 (23 Sep 04), Table 3-2, rules 5 and 7. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD [Department of Defense]; therefore, the Army gives equivalent credit for periods of TCS/TDY. Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in PCS [permanent change of station] status. To determine the overseas tour lengths refer to Table 1, Appendix Q, Joint Federal Travel Regulations, Volume 1. You will not find a tour length for Afghanistan or Iraq.’” 35. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Ready Reserve personnel ordered to active duty under Title 10, U. S. Code, are eligible for award of the Army Good Conduct Medal. There is no automatic entitlement to the Good Conduct Medal, disqualification must be justified; however, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. 36. Army Regulation 600-8-22 states an individual for whom a bar to reenlistment has been approved is not eligible for award of the Army Good Conduct Medal. 37. Army Regulation 600-8-22 states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: a. be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE, b. is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or c. service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement. 38. Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. 39. Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded. 40. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant requested, in effect, correction of his DD Form 214 for the period ending 8 September 1992 to show award of the Overseas Service Ribbon and the Good Conduct Medal. As evidence, he provided a memorandum, dated 15 August 1992, which states that he was awarded the Good Conduct Medal for the period 27 November 1990 to date of separation on or about 8 September 1992, and in his records was a memorandum, dated 8 September 1992, which showed he received the Overseas Service Ribbon for the period 11 December 1991 to 8 September 1992. 2. The applicant was not eligible for either the Army Good Conduct Medal or the Overseas Service Ribbon at the time of his separation on 8 September 1992. 3. Besides the fact the applicant’s period of continuous active duty began with his enlistment in the Regular Army on 28 August 1991 and not with his entry on active duty for training on 27 November 1990, he separated on 8 September 1991 with a bar to reenlistment in effect. That disqualified him for award of the Army Good Conduct Medal. 4. Because the applicant’s overseas tour was curtailed through his own fault (i.e., for requesting early separation as a result of believing he would be unable to overcome the locally-imposed bar to reenlistment), he was not eligible to be awarded tour credit and therefore not eligible for the Overseas Service Ribbon. 5. In addition, the memoranda indicating the applicant had been awarded the Army Good Conduct Medal and the Overseas Service Ribbon appear to contain inconsistencies. The letterhead of these memoranda is shown as 8th Infantry Division, A Company, 208th Support Battalion, U. S. Army Europe; however, they are signed by S____ M. M___, who was the commander of the Army Transition Point at Fort Dix, NJ. 6. The applicant requested, in effect, correction of his DD Form 214 for the period ending 11 September 2003 to show award of the Purple Heart, the Bronze Star Medal with “V” Device, the second award of the Overseas Service Ribbon, the second award of the Good Conduct Medal, and the GWOTSM. He also requests that items 4a and 4b be corrected to show sergeant, E-5; that item 12a be corrected to show 22 January 2003; and that item 12b be corrected to show 12 December 2003. 7. As supporting evidence, the applicant provided a Purple Heart award certificate, dated 29 November 2003, which showed he received the Purple Heart for wounds received on 13 October 2003 in Iraq; an award certificate, dated 24 February 2004, which showed he received the Bronze Star Medal with “V” Device for heroism on 13 October 2003 in Iraq; and in support of his claim to amend items 12a and 12b on his DD Form 214 for the period ending 11 September 2003, he provided orders for the Army Achievement Medal for the period 22 January 2003 through 12 December 2003. 8. The applicant was not promoted to Sergeant, E-5, until 12 July 2005, outside of the period covered by the DD Form 214 for the period ending 11 September 2003. Therefore, items 4a and 4b correctly show his rank and grade as specialist, E-4. 9. The applicant’s Army Achievement Medal citation indicates he was on active duty from 22 January 2003 through 12 December 2003. However, documents such as pay vouchers or leave and earnings statements are not available that might confirm that he entered active duty on 22 January 2003 instead of the 27 January 2003. The applicant’s release from active duty orders substantiate that 11 September 2003, the date listed on his DD Form 214, as the date he was released from active duty. In the absence of evidence such as pay vouchers or leave and earnings statements, the Army Achievement Medal citation is insufficient evidence on which to base changing the entry on active duty date or the release from active duty date of this DD Form 214. 10. Again, the applicant provided a Purple Heart award certificate which showed he received the Purple Heart for wounds received on 13 October 2003 in Iraq and an award certificate which showed he received the Bronze Star Medal with “V” Device for heroism on 13 October 2003 in Iraq. However, his records do not contain orders for either of these awards. The citation for the Army Achievement Medal indicates he spent the entire period of active duty at Fort Campbell, KY. In addition, USAHRC – Alex indicated that his name is not listed in the Iraq casualty data base. Further, records at DFAS fail to confirm that he even deployed to Iraq during 2003. Therefore, there is insufficient evidence on which to base adding the Purple Heart or the Bronze Star Medal with “V” device to his DD Form 214 for the period ending 11 September 2003. 11. As for adding the second award of the Overseas Service Ribbon, the second award of the Good Conduct Medal, the applicant is not eligible for either of these awards. As noted in paragraph 3, DISCUSSION AND CONCLUSIONS above, he was not eligible for award of that first Army Good Conduct Medal. In addition, since he did not serve on active duty for at least one year, he is not eligible for award of the Army Good Conduct Medal for his period of active duty ending 11 September 2003. As noted in paragraph 4, DISCUSSION AND CONCLUSIONS above, he was not eligible for award of that first Overseas Service Ribbon. In addition, since there is insufficient evidence to show he served overseas during his period of active duty ending 11 September 2003, there is insufficient evidence to award him the Overseas Service Ribbon for his period of service ending 11 September 2003. 12. The applicant did meet the eligibility criteria for award of the GWOTSM and it should be added to his DD Form 214 for the period ending 11 September 2003. 13. The applicant requested, in effect, correction of his DD Form 214 for the period ending 28 November 2005 to show award of the Purple Heart with First Oak Leaf Cluster, the third award of the Overseas Service Ribbon, the second award of the Good Conduct Medal, the GWOTEM, and a second award of the GWOTSM. He also requests that items 4a and 4b be corrected to show staff sergeant, E-6; and that item 12b be corrected to show 7 December 2005. 14. There are no orders available to show that the applicant was awarded a Purple Heart with First Oak Leaf Cluster. His name is not listed in the Iraq casualty data base. Therefore, there is insufficient evidence on which to base adding this award to his DD Form 214 for the period ending 28 November 2005. 15. Based on the applicant’s service in Kuwait/Iraq, he is eligible for one award of the OSR, but his DD Form 214 for the period ending 28 November 2005 has already been corrected to erroneously show he was awarded the OSR (second award). 16. The applicant served a period of qualifying service for award of the GWOTSM which is properly reflected on his DD Form 215. In addition, only one award of the GWOTSM is authorized to any individual. Therefore, there is no basis for granting the applicant’s request for two awards of the GWOTSM. 17. Although the applicant’s DD Form 214 for the period ending 28 November 2005 has already been corrected to show he was awarded the Army Good Conduct Medal, there is insufficient evidence or record to show he was awarded any Army Good Conduct Medal or that he was eligible for award of any Army Good Conduct Medal. 18. Evidence of record shows the applicant was promoted to sergeant effective 12 July 2005. This is the rank reflected in items 4a and 4b of his DD Form 214 for the period ending 7 December 2005. There is no evidence of record to show that he was promoted to staff sergeant prior to 7 December 2005. Therefore, there is no basis for granting the applicant’s request to amend items 4a and 4b on his DD Form 214 for the period ending 7 December 2005. 19. Evidence of record shows the applicant was ordered to active duty on 11 June 2004 and was released from active duty on 28 November 2005. In the absence of discharge orders, pay vouchers, or leave and earnings statements that show the applicant was discharged on any other date than 28 November 2005, the 1 March 2005 active duty orders provided by the applicant which show an end date of 7 December 2005 are not sufficient evidence on which to amend item 12b on the applicant’s DD Form 214 for the period ending 28 November 2005. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___XX_____ ____XX____ __XX______ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Global War on Terrorism Service Medal to his DD Form 214 for the period ending 11 September 2003. 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: a. amending his DD Form 214 for the period ending 8 September 1992 to show award of the Overseas Service Ribbon and the Good Conduct Medal; b. amending his DD Form 214 for the period ending 11 September 2003 to show award of the Purple Heart, the Bronze Star Medal with “V” Device, the second award of the Overseas Service Ribbon, and the second award of the Good Conduct Medal; to correct items 4a and 4b to show sergeant, E-5; to correct that item 12a to show he entered active duty on 22 January 2003; and correcting item 12b to show he was released from active duty on 12 December 2003; and c. amending his DD Form 214 for the period ending 28 November 2005 to show award of the Purple Heart with First Oak Leaf Cluster, the third award of the Overseas Service Ribbon, the second award of the Good Conduct Medal, the Global War on Terrorism Expeditionary Medal, and a second award of the GWOTSM; to correct items 4a and 4b to show staff sergeant, E-6; and correcting item 12b to show he was released from active duty on 7 December 2005. _______XXXX _ _______ ___ 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) AR20080010784 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080010784 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1