IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150003767 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: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 November 2003 to show the following awards: * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal with Arrowhead * "Non-Article 5" North Atlantic Treaty Organization (NATO) Medal * Joint Service Commendation Medal * Afghanistan Campaign Medal with one bronze service star * Army Achievement Medal * Army Reserve Components Achievement Medal * Army Good Conduct Medal * Overseas Service Ribbon (for service in Kuwait) b. to personally appear before the Board. 2. The applicant states, in effect: * many of these awards were overlooked because he was in an attached status at the time he became eligible for these awards * as to the absence of awards resulting from his deployment to Afghanistan, he was activated from the Individual Ready Reserve (IRR), attached to the * XVIII Airborne Corps, then returned directly to the IRR upon redeployment * he thought all awards for which he was eligible would be added to his DD Form 214 at a future date, and believed he would be returning as a drilling Reservist; he later learned the above-named awards were missing from his DD Form 214 3. The applicant provides: * Out-Processing Checklist for Combined/Joint Task Force - 180 (CJTF - 180), dated of 1 November 2003 * Orders Number M-11-200968, dated 21 November 2002, issued by U.S. Army Reserve Personnel Command * Orders Number M-11-200968AO1, dated 13 December 2002 * Orders Number M-11-200968AO3 dated 6 February 2003 * Orders Number M-11-200968AO5, dated 7 March 2003 * Orders Number M-11-200968AO6, dated 18 March 2003 * Orders Number 155-501, dated 4 June 2003, issued by Headquarters, U.S. Army Signal Center and Fort Gordon * Orders Number 310-2229, dated 6 November 2003 * DD Form 214 for the period ending 25 November 2003 * Certificate of Achievement, issued by the Coalition Task Force, U.S. Central Command, undated * Certificate of Achievement * Department of the Army (DA) Certificate of Training, dated 1 August 1996 * Certificate, dated 9 October 1997, issued by U.S. Army Signal Center and Fort Gordon * Certificate, dated 9 October 1997, issued by the U.S. Army Signal Corps Regiment * DA Form 1059 (Service School Academic Evaluation Report), showing successful completion of the Nuclear, Biological, and Chemical (NBC) Defense Officer/Noncommissioned Officer (NCO) Course during the period 3 January 2000 through 14 January 2000 * Certificate, undated, issued by the Pine Bluff Arsenal, showing the applicant successfully completed the NBC Defense Officer/NCO Course, 80 hours * DA Certificate of Training, dated 14 January 2000 * DA Certificate of Training, showing the applicant successfully completed the IRR Rapid Train-Up (RTUP) Course, 168 hours * Permanent Orders (PO) Number 309-014, dated 5 November 2003, issued by Headquarters, CJTF - 180, which shows the award of the Joint Service Commendation Medal for the period 19 June 2003 to 31 October 2003 with award certificate * PO Number 245-12, issued by Headquarters, 335th Theater Signal Command (TSC), signed 2 September 1998, awarding him the Army Achievement Medal for service from 8 June 1998 to 19 June 1998 * DA Form 638 (Recommendation for Award) awarding him the Army Achievement Medal by PO Number 245-12, dated 2 September 1998, issued by the 335th TSC * Orders Number 48-3, dated 13 March 1996, issued by the Atlanta Military Entrance Processing Station (MEPS) * Orders Number 049-5, dated 14 March 1997, issued by the Atlanta MEPS * Order Number 119-036, dated 23 March 1998, issued by the 81st Regional Support Command (RSC) * Order Number 176-065, dated 10 June 1998, issued by the 81st RSC * Order Number 099-056, dated 22 February 1999, issued by the 81st RSC * Order Number 155-073, dated 7 May 1999, issued by the 81st RSC * Order Number 160-019, dated 14 May 1999, issued by the 81st RSC * DD Form 214 for the period ending 9 October 1997 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 U.S. Army Reserve (USAR) on 12 March 1996 for a term of 8 years. a. He completed basic combat training on 1 August 1996, then was ordered to active duty for training to attend advanced individual training for military occupational specialty 74B on 8 July 1997. He was released from active duty for training on 9 October 1997. b. His DD Form 214 shows he completed 3 months and 2 days of net active creditable service. His DD Form 214 shows he returned to the 2369th Signal Detachment upon his release. He was awarded or authorized the Army Service Ribbon, an Expert Marksmanship Qualification Badge with Grenade Bar, and a Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 3. The following documents were found in his official military personnel file (OMPF): a. Orders Number 240-2, date 28 August 1997, issued by Headquarters, 3397th U.S. Army Garrison (USAG), reassigning him from the 2369th Signal Detachment to the 3397th USAG effective 28 August 1997 as a result of unit inactivation. b. Orders Number 342-24, dated 8 December 1997, issued by Headquarters, 81st RSC, releasing him from the 3397th USAG and reassigning him to Headquarters and Headquarters Company, 335th Signal Command effective 8 December 1997. c. Award certificate showing the award of the Army Achievement Medal for the period 8 June 1998 to 19 June 1998. The certificate also shows the award was issued by PO Number 245-12, Headquarters, 335th TSC. d. Orders 00-214-008, dated 1 August 2000, issued by Headquarters, 335th TSC, reassigning him from the 335th TSC to the USAR Control Group (Annual Training (AT)) effective 1 August 2000. e. Orders Number M-11-200968, dated 21 November 2002, issued by U.S. Army Reserve Personnel Command, showing he was relieved from the USAR Control Group and ordered to active duty for a period not to exceed 365 days. This mobilization is shown as having been in support of Operation Enduring Freedom (OEF). The initial reporting date was 2 January 2003, but this date was later amended to 12 April 2003 by Orders Number M-11-200968AO6, dated 18 March 2003. f. Orders Number D-08-430746, dated 17 August 2004, issued by U.S. Army Human Resources Command, showing he was honorably discharged from the USAR effective 17 August 2004. g. Army Human Resources Command (AHRC) Form 249-E (Chronological Statement of Retirement Points) showing he had more than 50 creditable retirement points for each retirement ending year date during the period 12 March 1996 to 11 March 2000, for a total of 4 years. h. His OMPF does not contain any recommendations made by his unit commanders during his period of Troop Program Unit (TPU) service for the award of the Army Reserve Components Achievement Medal. Additionally, there is no derogatory information in his OMPF for that (or any) period of service. 4. The applicant provides: a. Order Number 099-056, dated 22 February 1999, issued by the 81st RSC, ordering him to active duty for AT for a period of 21 days, reporting not later than 8 March 1999, with the purpose to support military operations in Kuwait. The period would be from on or about 8 March 1999 to on or about 28 March 1999. Hostile fire pay and tax exclusion was authorized for Kuwait. b. Certificate of Achievement, issued by the Coalition Task Force, U.S. Central Command, undated, which recognized the applicant for service while assigned to the Coalition Task Force - Kuwait. No period of service is shown. The certificate is signed by the Task Force Commanding General. c. Orders Number 155-501, dated 4 June 2003, issued by Headquarters, U.S. Army Signal Center and Fort Gordon, showing the applicant was assigned to Headquarters, Team 1, and directed to deploy to Afghanistan in support of OEF. He was to proceed on 8 June 2003 and remain deployed for not more than 365 days. d. PO Number 309-014, dated 5 November 2003, issued by Headquarters, CJTF-180, awarded him the Joint Service Commendation Medal for the period 19 June 2003 to 31 October 2003. His unit of assignment is shown as CJTF-180. e. DD Form 214 for the period ending 25 November 2003, showing he was honorably released from active duty by reason of having completed his required active service. It indicates he completed 7 months and 14 days of net active creditable service, with 4 months and 15 days of foreign service. His DD Form 214 also shows: (1) He was awarded or authorized: * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) (2) He served in Afghanistan from 19 June 2003 to 3 November 2003 (a period of 4 months and 15 days). This shows he has qualifying service for one campaign (Consolidation I - 1 December 2001 to 30 September 2006). f. In an email, dated 23 October 2015, the applicant stated he preferred to be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. 5. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The arrowhead is a bronze replica of an Indian arrowhead and denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission. A Soldier must actually exit the aircraft or watercraft, as appropriate, to receive assault-landing credit. Individual assault-landing credit is tied directly to the combat assault-landing credit decision for the unit to which the Soldier is attached or assigned at the time of the assault. If the unit is denied assault-landing credit, no assault-landing credit will accrue for the individual Soldiers of that unit. b. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. (1) The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. (2) Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in OEF and Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait. (3) Liberation of Afghanistan Campaign (11 September 2001 to 30 November 2001). An Arrowhead Device is authorized only for members of the units listed in Department of the Army General Order (DAGO) Number 2006-10, who actually participated in a landing in Afghanistan on 2 March 2002 to 3 March 2002. c. 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 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. Only one award of the Global War on Terrorism Service Medal may be authorized to any individual; second and subsequent awards will not be awarded. d. The Afghanistan Campaign Medal was authorized by Public Law 108-234, dated 28 May 2004. It is awarded to members who have served in direct support of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Soldiers qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. e. The NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations. The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO. (1) To add the NATO Medal to a Soldier's records, the Soldier must have the NATO certificate awarding him the medal, simply meeting the criteria is not enough. (2) In those cases where a NATO certificate was not issued during the period the Soldier was in the operational area, NATO is the approval authority and a request must be made through the Soldier's chain of command to the Supreme Headquarters Allied Powers Europe (SHAPE) J-1. However, effective 1 January 2011, NATO revised its policy to state all NATO Medal requests must have been submitted within 2 years of leaving the operational area. Requests for medals that are submitted outside this 2-year period will not be processed. f. The Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army Reserve TPU or as an individual mobilization augmentee (IMA). (1) A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his retirement year. Qualifying service for computation purposes is based only by retirement ending year dates. (2) Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal is 3 years. The years of qualifying service must have been consecutive. (3) The Soldier must have exhibited honest and faithful service in accordance with the standards of conduct, courage, and duty required by law and customs of the service. (4) The Soldier must be recommended for the award by his unit commander whose recommendation is based on personal knowledge of the Soldier and his official records. g. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years completed on or after 27 August 1940 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year h. By message, dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal. (1) It stated Reserve Component Soldiers mobilized onto active duty under Title 10 are performing “active Federal military service” and are therefore eligible to be awarded the Army Good Conduct Medal. The qualifying periods of service must be continuous enlisted active Federal service. (2) The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal ends the first day the mobilized Reserve Component Soldier is serving on active duty. The period of service for the Army Good Conduct Medal ends the last day the mobilized Reserve Component Soldier is on active duty. The period of service for the Army Reserve Components Achievement Medal begins the day after the RC Soldier is off active duty. i. Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to the Army Reserve Components Achievement Medal. (1) It states when a qualifying period of TPU service is broken by mobilization, the period of service prior to the mobilization will be added to the period following mobilization for award eligibility. Qualifying time for award of the Army Reserve Components Achievement Medal will not be lost and will continue to count toward award of the Army Reserve Components Achievement Medal once personnel are no longer activated/mobilized. (2) The period of service used to award the Army Good Conduct Medal cannot be used toward of the Army Reserve Components Achievement Medal. However, periods of active duty that do not meet the eligibility requirement for award of the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal. (3) Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the Army Reserve Components Achievement Medal if they complete 2 of the 3 years of qualifying service requirement. These changes are retroactive to 11 September 2001. j. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. (1) 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. (2) According to the Awards Branch at U.S. Army Human Resources Command (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. 6. DAGO Number 10, dated 2006, lists units which were credited with assault landings between 2001 and 2004. Neither Team 1, CJTF - 180 nor Headquarters, CJTF - 180 are listed among these units. 7. Army Regulation 614-30 (Overseas Service), in effect at the time, prescribes policies and procedures for managing overseas service. Table 3-2 (Eligibility for overseas service criteria (deployment)) states rules for providing Soldiers serving overseas with tour credit. Rule 5 states: If a Soldier is a Reserve Component Soldier on active duty for training, that Soldier is ineligible for overseas tour credit. 8. AR 15-185 (ABCMR) prescribes policies and procedures for the ABCMR. It states, in pertinent part, the ABCMR considers individual applications that are properly brought before it. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. It states further, in paragraph 2-11, that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION AND CONCLUSIONS: 1. The applicant requests to personally appear before the Board and to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 November 2003 by adding awards for which he contends he is eligible. 2. The applicant's request for a personal appearance hearing was carefully considered; however, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record, including independent evidence he provided, is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. PO awarded him the Joint Service Commendation Medal and the Army Achievement Medal. These awards are not currently reflected on his DD Form 214. 4. The evidence shows he participated in a 21-day deployment to Kuwait in 1999, from on or about 8 March 1999 to on or about 28 March 1999, in support of the Coalition Task Force - Kuwait. Additionally, the evidence shows he was deployed to Afghanistan from 19 June 2003 to 3 November 2003 (a period of 4 months and 15 days). He appears to meet the criteria for some but not all the requested awards: a. The Global War on Terrorism Expeditionary Medal - This award is authorized for members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001. His deployment to Afghanistan fits the timeframe specified. b. He also asserts eligibility for an Arrowhead Device with the Global War on Terrorism Expeditionary Medal. The regulation affirms an Arrowhead Device is authorized for wear with the Global War on Terrorism Expeditionary Medal, but only for members of the units, listed in Department of the Army General Order (DAGO) Number 2006-10, who actually participated in a landing in Afghanistan between 2 March 2002 to 3 March 2002. The applicant did not deploy to Afghanistan until after the above-stated time period. As such, the evidence does not support his eligibility for an Arrowhead Device. c. He requests an Afghanistan Campaign Medal. (1) The regulation stipulates that Soldiers qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal. (2) An eligible Soldier may, upon application, be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service, but no Soldier will be entitled to both medals for the same act, achievement, or period of service. (3) His period of qualifying service for the Global War on Terrorism Expeditionary Medal predates his eligibility for the Afghanistan Campaign Medal. However, in an email, the applicant stated he preferred to be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. He additionally has qualifying service for one bronze service star for this award. d. He appears to meet the eligibility requirements for the Global War on Terrorism Service Medal. He was activated in support of OEF within the timeframe specified by regulation. e. He requests the award of the Overseas Service Medal for his deployment to Kuwait from on or about 8 March 1999 to on or about 28 March 1999. (1) Army Regulation 600-8-22 authorizes this award for Soldiers who have completed an overseas tour. Army Regulation 614-30, in effect at the time, specifically stated Reserve Components Soldiers who deploy overseas while on active duty for training are not eligible for overseas tour credit. As such, the applicant does not appear to meet the eligibility criteria for this award. (2) A review of guidance from HRC also shows his deployment to Afghanistan does not meet eligibility requirements for an Overseas Service Ribbon as it was for less than 9 months. f. The applicant requests the award of a "Non-Article 5" NATO Medal. The NATO Medal is administered by NATO, an international organization. Thus, the Board is not empowered to authorize this award. (1) A NATO Medal can only be added to the applicant's record if he was issued a NATO Medal certificate while he was deployed in an area where this award was authorized. There is no evidence, either in his OMPF or in the evidence he provided, that would indicate he was issued a NATO Certificate. (2) In those cases where a certificate was not issued, a request must be made to NATO through the applicant's former chain of command. Effective 1 January 2011, however, NATO decided it would not process requests made more than 2 years after leaving the operational area where the qualifying service was performed. g. To be eligible for the Army Good Conduct Medal (1st Award) the applicant would have had to have completed a minimum of 1 year of continuous active service. The longest period of continuous active service shown, as reflected in his DD Form 214 for the period ending 25 November 2003, is 7 months. This is 5 months short of the required period of service. h. The Army Reserve Components Achievement Medal is authorized only for USAR TPU and USAR Soldiers serving as an IMA. (1) The applicant was in a TPU status from his date of enlistment (12 March 1996) until his transfer to the USAR Control Group on 1 August 2000, which was a period of 4 years, 4 months, and 21 days. After this period, he was in an IRR status, for which there is no eligibility to receive this award. (2) His AHRC Form 249-E shows he met the eligibility criteria for this award for the period 12 March 1996 to 11 March 1999. Additionally, while there is no indication he was ever recommended for this award, there is also no derogatory information in his OMPF. It is noteworthy that he was awarded an Army Achievement Medal for a period of service within his term as a TPU Soldier. (3) As a matter of equity, it would be appropriate to add the Army Reserve Components Achievement Medal to his most recent DD Form 214 based on his service during the period 12 March 1996 through 11 March 1999. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ 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 amending his DD Form 214 for the period ending 25 November 2003 by adding the following awards: * Joint Service Commendation Medal * Army Achievement Medal * Army Reserve Components Achievement Medal (1st Award) * Afghanistan Campaign Medal with one bronze service star * Global War on Terrorism Service Medal 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 adding to his DD Form 214, for the period ending 25 November 2003, the following awards: * Army Good Conduct Medal (1st Award) * Global War on Terrorism Expeditionary Medal (both with or without an Arrowhead Device) * Overseas Service Ribbon * "Non-Article 5" NATO 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) AR20150003767 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003767 13 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1