IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150010295 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 August 2016 DOCKET NUMBER: AR20150010295 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 * deleting from his DD Form 214 ending on 9 June 2006 the Armed Forces Reserve Medal with "M" Device (2nd Award), Reserve Component Achievement Medal, and Iraq Campaign Medal * adding to his DD Form 214 ending on 9 June 2006 the Armed Forces Reserve Medal with Bronze Hourglass and "M" Device, Reserve Component Achievement Medal (3rd Award), and Iraq Campaign Medal with two bronze service stars 2. The Board further determined 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 the Meritorious Unit Commendation. __________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 August 2016 DOCKET NUMBER: AR20150010295 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: * Meritorious Unit Commendation * Bronze Hour Glass Device * second award of the Armed Forces Reserve Medal * Reserve Component Achievement Medal with two Oak Leaf Clusters * two bronze service stars for his already-awarded Iraq Campaign Medal 2. The applicant states he completed an appropriate time and service for item discrepancy. The omission appears to be a common oversight. 3. The applicant provides: * DD Form 214, ending on 23 July 1999 * DD Form 214, ending on 9 June 2006 * Statement of Service * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Orders 232-2, dated 22 August 1997 * General Orders (GO) Number 25, dated 8 June 2001 * Illinois Army National Guard (ILARNG) Honorable Discharge Certificate 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 (RA) on 24 July 1996. He held military occupational specialty (MOS) 12C (Bridge Crewman). He completed the Basic Airborne Course at Fort Benning, GA around 3 April 1997. 3. There is no indication in his records of the exact unit of assignment or location assigned following completion of airborne training. However, he provides Orders 232-2, issued by Headquarters, 36th Engineer Group, Fort Benning, GA on 22 August 1997. The orders show: * he was released from the 586th Engineer Company, Fort Benning, GA, * he was reassigned to the 498th Medical Company, Fort Benning, GA, with a reporting date of 27 August 1997 4. His DA Form 2-1 (Personnel Qualification record) shows he departed that location (presumably Fort Benning, GA) on 26 January 1998 enroute to Korea. He then served in Korea with the 50th Engineer Company, 2nd Engineer Battalion, from 20 February 1998 to 23 July 1999. 5. He was honorably released from active duty on 23 July 1999. His DD Form 214 for this period of service shows he was awarded or authorized the: * Army Achievement Medal * Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * Parachutist Badge * Air Assault Badge * Driver and Mechanic Badge with Driver-W Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 6. In connection with his separation from the RA, he enlisted in the Illinois Army National Guard (ILARNG) effective 23 July 1999. He held MOS 11B (Infantryman). He was assigned to Company C, 2nd Battalion, 130th Infantry, Litchfield, IL. 7. He was mobilized and entered active duty on 18 January 2002 in support of Operation Enduring Freedom. He served in Germany from 7 February 2002 to 2 August 2002 (5 months and 26 days). His unit of assignment appears to have been Company C, 2nd Battalion, 130th Infantry (based on his DD Form 214). 8. He was honorably released from active duty on 1 September 2002. His DD Form 214 for this period of service shows he was awarded or authorized the: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device * Noncommissioned Officer Professional (NCO) Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Parachutist Badge * Air Assault Badge * Driver and Mechanic Badge with Driver-W Bar 9. He was again mobilized and ordered to active duty on 6 December 2004. He subsequently served in Kuwait/Iraq from 15 May 2005 to 27 April 2006, a period of 11 months and 14 days. He was assigned to the 2nd Battalion, 130th Infantry. 10. He was honorably released from active duty on 9 June 2006. His DD Form 214 for this period of service shows he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal (2nd Award) * Global War on Terrorism Service Medal * Korea Defense Service Medal * NCOPDR * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Army Reserve Components Overseas Training Ribbon * Armed Forces Reserve Medal with "M" Device (2nd Award) * Combat Infantryman Badge * Parachutist Badge * Air Assault Badge * Driver and Mechanic Badge with Driver-W Bar * Iraq Campaign Medal 11. He was honorably discharged from the ARNG on 27 July 2009 and issued an Honorable Discharge Certificate. His NGB Form 22 shows he completed 10 years and 4 days of continuous ARNG service. 12. He provides: a. Orders 232-2, issued by Headquarters, 36th Engineer Group, Fort Benning, GA, on 22 August 1997, releasing him from the 586th Engineer Group and reassigning him to the 298th Medical Company, effective 27 August 1997. b. GO Number 25, issued by Department of the Army on 8 June 2001. The GO announced multiple individual and unit awards. Section IX announced award of the Meritorious Unit Commendation to various units for outstanding service, including Task Force Eagle Stabilization Force, 1st Infantry Division, from 5 April 1997 to 21 October 1997, and several subordinate units. He highlighted the 498th Medical Company. c. Statement of service, dated 1 May 2006, from his battalion commander certifying his service in Kuwait/Iraq from 17 May 2005 to 27 April 2006. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. Units based in continental United States are excluded from this award, as are other units outside the area of operation. The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions. Effective 11 September 2001, the Meritorious Unit Commendation is authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious performance for at least 6 continuous months (a month is considered 30 calendar days) during military operations against an armed enemy without regard to type of duties performed or the type of unit performing the duties. b. The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member or former member of one or more of the RCs of the Armed Forces of the United States, for a period of 10 years. Such years of service must have been performed within a period of 12 consecutive years. For service performed on or after 1 July 1949, a member must accumulate, during each anniversary year, a minimum of 50 retirement points. Service in a Regular Component of the Armed Forces is excluded except that service in a RC which is concurrent in whole or in part with service in a Regular Component will be included. Any period during which Reserve service is interrupted by one or more of the following will be excluded in computing, but will not be considered as a break in the period of 12 years: Service in a Regular Component of the Armed Forces; on or after 1 August 1990, the member was called to active duty and served under 10 USC 12301(a), 12302, 12304, 12406; or the member volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in 10 USC 101(a)(13). (1) The 10-year-device is authorized for wear on the Armed Forces Reserve Medal. A bronze hourglass will be awarded upon completion of the first 10-year-period award. (2) The "M" device is authorized for wear by members of the RCs who are called to or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the Secretary of Defense, as defined in 10 USC 101(a)(13). When a member qualifies for the "M" device, the Bronze "M" will be awarded, positioned on the ribbon and medal, and a number will be included on the ribbon and medal. No more than one Armed Forces Reserve Medal may be awarded to any one person. Multiple periods of service during one designated contingency will count as one "M" device award. Designated contingency operations are outlined in table 6-1. If no "M" device is authorized, the appropriate hourglass will be positioned in the center of the ribbon. If no hourglass is authorized, the "M" device will be positioned in the center of the ribbon, followed by Arabic numerals indicating the number of times the device has been awarded, starting with the second award, no number is worn for the first award. If both the hourglass and the "M" device are awarded, the hourglass will be positioned in first position on the ribbon, the "M" device in the middle position, and the number of times the "M" device has been awarded in the remaining position. (3) Table 6-1 lists U.S. military and/or contingency operations. Applicable to the applicant's case are Global War on Terrorism/Operation Enduring Freedom (Location: Afghanistan) and Global War on Terrorism/Operation Iraqi Freedom (Location: Iraq). 2. AR 600-8-22 states the Army Reserve Components Achievement Medal is authorized for award to Army personnel in the rank of O-6 and below. The individual must have been a member of an ARNG unit or USAR troop program unit (TPU). Approval authority for award of this award for ARNG M-DAY units and USAR TPU Soldiers is the Soldier’s unit commander. Orders are not published for the award of this medal. Approval is announced using an official memorandum. The records custodian will annotate the Soldier’s records and place the memorandum in the Soldier’s Army Military Human Resources Record via the interactive Personnel Electronic Records Management System. a. The Army Good Conduct Medal is applicable to RC enlisted Soldiers ordered to active duty under 10 USC, in support of peacetime and wartime contingency operations. When qualifying periods of TPU service are broken by such mobilization, the periods of service prior to the mobilization will be added to the period following the mobilization for Army Reserve Components Achievement Medal eligibility. The qualifying time for awarding of the Army Reserve Components Achievement Medal served prior to activation and/or mobilization will not be lost and will continue to count toward award of the Army Reserve Components Achievement Medal once personnel are no longer activated and/or mobilized. The period of service used to award the Army Good Conduct Medal cannot be used toward award of the Army Reserve Components Achievement Medal. This change is retroactive to 11 September 2001. b. Effective 28 March 1995 (not retroactive), the award is authorized on completion of 3 years of service with an RC unit. A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his or her retirement year. Qualifying service for computation purposes is based only by retirement ending year dates. Second and succeeding awards of the Army Reserve Components Achievement Medal are denoted by oak leaf clusters. 3. AR 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) DISCUSSION: 1. With respect to the Meritorious Unit Commendation: a. The applicant provided GO Number 25, issued on 8 June 2001. The GO announced award of the Meritorious Unit Commendation to various units for outstanding service, including the Task Force Eagle Stabilization Force, 1st Infantry Division, from 1 April 1997 to 21 October 1997, and several subordinate units. He highlighted the 498th Medical Company. b. He also provided Orders 232-2, dated 22 August 1997 reassigning him to the 498th Medical Company, Fort Benning, effective 27 August 1997. Unfortunately, there is no other documentary evidence in his record supporting this assignment, or showing he deployed with this unit to the Balkans as part of SFOR. c. If the applicant can provide documentary evidence (such as a deployment order, temporary change of station order, manifest report, etc) confirming his deployment with the 498th Medical Company to the Balkans as part of SFOR, he can resubmit his application to this Board for consideration. 2. With respect to the Armed Forces Reserve Medal: a. The applicant was mobilized on two occasions: He was mobilized in support of Operation Enduring Freedom but served in Germany from 7 February 2002 to 2 August 2002 and he was also mobilized in support of Operation Iraqi Freedom and served in Kuwait/Iraq from 15 May 2005 to 27 April 2006. b. He also completed 10 qualifying years within 12 consecutive years of RC service. He meets the criteria for award of the 10-Year Device, based on qualifying enlisted service from July 1999 to July 2009 in the ARNG. c. He is eligible for award of the Armed Forces Reserve Medal with Bronze Hourglass and "M" Device. 3. With respect to the Iraqi Campaign Medal, he served in Kuwait/Iraq from 15 May 2004 to 27 April 2006, during two campaigns. He meets the criteria to have two bronze service stars affixed to his already-awarded Iraq Campaign Medal. 4. With respect to the Reserve Component Achievement Medal with 2 oak leaf clusters: * it is authorized for award to members of the ARNG * it is awarded for 3 consecutive years of qualifying service * it must be recommended by the unit commander a. He served in the ARNG from 24 July 1999 to 27 July 2009, a period of 10 years and 4 days. He was assigned to a drilling unit and he completed at least 50 retirement points for each of his 10 qualifying years. He was awarded only one award of the Reserve Component Achievement Medal. b. Although this award requires a recommendation by the unit commander, it appears he met the criteria and due to an administrative error, the recommendation by the unit commander was overlooked. He qualifies for 3 awards of the Reserve Component Achievement Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010295 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010295 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2