IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004879 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: * he was awarded the Army Achievement Medal (AAM) (2nd Award) * his foreign service in a hazardous duty area (Kuwait) * his completion of the Combat Lifesaver Course * his marksmanship qualification with the machine gun 2. The applicant further requests an audit of his records to update any missing medals, awards, or ribbons he is authorized and to add any notable achievements. 3. The applicant states the DD Form 214 is an important record in reference to experiences, training, and awards, and his record is incomplete. He requests an update of all medals he's earned and all military education courses he's completed, as he's noticed that some are missing. These experiences and such could help him with civilian employment. 4. The applicant provides copies of his DD Form 214, 2 DA Forms 638 (Recommendation for Award), and his DA Form 87 (Certificate of Training) for the Combat Lifesaver Course. 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 15 September 1999. He completed his military training and was awarded military occupational specialty 51B (Carpentry and Masonry Specialist). He was honorably released from active duty on 20 October 2003, following his completion 4 years, 1 month, and 6 days of net active service. The highest rank/grade he attained during his military service was specialist (SPC)/E-4. 3. His DD Form 214 shows in: a. Item 12f (Foreign Service), the entry "0002 00 27," representing 2 years and 27 days of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the following awards: * AAM * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) c. Item 14 (Military Education), the entry "Carpentry and Masonry Specialist Course." d. Item 18 (Remarks), no entry indicating he served in a hazardous duty area (e.g. Kuwait). 4. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to Company A, 94th Engineer Battalion in Germany, from 2 March 2000 to 28 March 2002. It also shows he was assigned to Company B, 46th Engineer Battalion at Fort Rucker, Alabama, from 1 April 2002 through his release from active duty. 5. A review of his record reveals the following documents: a. Permanent Orders Number 317-10788, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama on 13 November 2002, which awarded him the Army Good Conduct Medal for the period of service from 16 September 1996 to 15 September 1999. b. Permanent Orders Number 317-10789, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama on 13 November 2002, which awarded him the Army Good Conduct Medal (2nd Award) for the period of service from 15 September 1999 to 14 September 2002. 6. His record does not contain any evidence nor does he provide any evidence that indicates he qualified with the machine gun. 7. Defense Finance and Accounting Service (DFAS) records show no evidence that he received any hostile fire/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE) for service in any hazardous duty area during his period of military service. 8. The applicant provides: a. A Certificate of Training certifying that he successfully completed the Combat Lifesaver Course from 14-18 May (40 hours) [no year is indicated]. The certificate was presented by the 1st Battalion (OPFOR), 4th Infantry Regiment, which is located at the Combat Maneuver Training Center, Hohenfels, Germany. He served in Germany from 2 March 2000 to 28 March 2002; therefore, this training would have occurred in either 2000 or 2001. b. The front page of a DA Form 638, dated 26 February 2002, which shows he was recommended for the AAM for the period from 6 March 2000 to 5 March 2002, from Company A, 94th Engineer Battalion, during his service in Germany. It also states it was a permanent change of station (PCS) award and he had no previous award; thereby signifying his first AAM. c. DA Form 638, dated 7 November 2003, which shows he was recommended for the AAM (1st Oak Leaf Cluster) (indicating second award), for the period from 23 March 2002 to 20 October 2003. This award recommendation was made by his Platoon Leader for his service in Company B, 46th Engineer Battalion, at Fort Rucker, Alabama. It was an expiration term of service (ETS) award, and after it was approved, it was given Permanent Order Number 335-02. His notable achievements included: * Supported retrograde construction missions for Operation Iraqi Freedom at Camp Virginia, Kuwait from May to June 2003. * From February 2003 to April 2003, deployed to Iraq in support of Operation Iraqi Freedom. * From June 2002 to September 2002, deployed to Kuwait in support of Operation Enduring Freedom. * Deployed to Djibouti, Africa from October through November 2002 in support of Operation Enduring Freedom ....supporting the U.S. Marines and Special Forces deployed to the Horn of Africa. 9. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of Soldiers records. Paragraph 5-14c (Military education) states for all schools and courses, an entry will be made for successful completion of any course of instruction conducted under military sponsorship or direction. It further states the basic criteria for the military education course will be listed in the Army Training Requirements and Resource System (ATRRS) and be a resident course with hours of a minimum of 40 hours per 1 week per 5 days of instruction. 10. Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who 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 on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 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 the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. 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. 11. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 14, enter the title, length in weeks, and year of all training courses completed during the period covered by the DD Form 214 * item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the AAM (2nd Award), his foreign service in a hazardous duty area (Kuwait), his completion of the Combat Lifesaver Course, and his marksmanship qualification with the machine gun, was carefully considered. 2. He served a qualifying period for award of the Global War on Terrorism Service Medal, which is not shown on his DD Form 214. 3. He was awarded an AAM with 1st Oak Leaf Cluster by Permanent Order Number 335-02. This signifies his second award of the AAM; however, his DD Form 214 lists only a single award of the AAM. 4. He was awarded the Army Good Conduct Medal (2nd Award) by Permanent Orders Number 317-10789; however, his DD Form 214 lists only one award of the Army Good Conduct Medal. 5. He provides a certificate that shows he attended the Combat Lifesaver Course from 14-18 May, while serving in Germany, in either 2000 or 2001. Per applicable regulations, since this formal Army military education course was at least 1 week in duration, it may be added to his DD Form 214. 6. Notwithstanding the sincerity of the applicant's claim to have been deployed and the bullet statements listed on the DA Form 638, dated 7 November 2003, there is insufficient information in the available evidence to determine the exact dates, times and locations to properly assess foreign service time, units assigned and any unit decorations or awards that could be credited to the applicant. DFAS does not have any record of the applicant being deployed to a hazardous duty area. The ABCMR is not an investigative body. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. amending item 13 of his DD Form 214 by deleting the Army Achievement Medal and the Army Good Conduct Medal; b. amending item 13 of his DD Form 214 by adding the Army Achievement Medal (2d Award), the Army Good Conduct Medal (2d Award), and the Global War on Terrorism Service Medal; and c. amending item 14 of his DD Form 214 by adding the entry "Combat Lifesaver Course, 1 week, 2000-2001." 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 correcting his record to show service in a hazardous duty area (Kuwait), to show he was awarded a qualification badge for the machine gun, or to show any additional awards or achievements other than those addressed 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. ABCMR Record of Proceedings (cont) AR20110003276 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004879 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1