BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160001210 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 BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160001210 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. awarding him the Army Good Conduct Medal (1st Award); and b. amending his DD Form 214 for the period ending 18 March 2005 to show he was awarded or authorized the Army Good Conduct Medal (1st Award), Overseas Service Ribbon, and Valorous Unit Award. 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 amending his DD Form 214 for the period ending 18 March 2005 to show his rank as specialist and to show he was awarded or authorized the Iraq Campaign Medal and the Combat Action Badge. _____________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. BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160001210 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), for the period ending 18 March 2005, to show his rank as specialist four (SPC)/E-4, and that he was awarded or authorized the following awards: * Army Good Conduct Medal (AGCM) (1st Award) * Iraq Campaign Medal (ICM) * Overseas Service Ribbon (OSR) * Valorous Unit Award (VUA) * Combat Action Badge (CAB) 2. He further requests a personal hearing before the Board. 3. The applicant states, in effect, that due to severe health issues related to combat service-connected disabilities, he was not aware of the incorrect rank or missing awards on his DD Form 214. The Department of Veterans Affairs (VA) has deemed him to be 100 percent (%) disabled and unemployable. He was awarded the Purple Heart for his combat-related injuries. All he ever wanted to do was make the Army a career. He just wants his DD Form 214 to be accurate. 4. The applicant provides: * DA Form 4187 (Personnel Action), dated 13 August 2004 * DD Form 214, for the period ending 18 March 2005 * DD Form 256A (Honorable Discharge Certificate), dated 10 February 2010 * DD Form 2765 (Department of Defense (DOD) Uniformed Services Identification and Privilege Card), issued 20 June 2011 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's request involves, in part, correction of his DD Form 214 to show he was awarded the CAB. The applicant's record contains no evidence that confirms he was previously awarded the CAB. Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. This request must be on a DA Form 4187 (Personnel Action) if a Soldier is currently on active duty or in an active status. If a Soldier is not on active duty or in an active status, the Soldier may request this award by letter. All requests must contain: * assignment, attachment, or operational control orders * a copy of your Enlisted Record Brief or Personnel Qualification Record * a copy of the chain of command endorsement * a one-page narrative description of the qualifying incident * a copy of your DD Form 214 * other supporting documentation 3. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available. There is no evidence indicating the applicant has previously submitted a request for the CAB to HRC. Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings. 4. The applicant enlisted in the Regular Army on 19 March 2002. He completed his initial entry training and was awarded military occupational specialty 19K (Armor Crewman). 5. Following the completion of his period of initial entry training, the applicant was assigned to Company A, 3rd Battalion, 66th Armor Regiment, Fort Hood, TX. He deployed to Iraq from 1 April 2003 through 18 November 2003, a period of 7 months and 18 days. 6. A DA Form 4187, dated 13 August 2004, shows the applicant was injured by an improvised explosive device on 16 November 2003, resulting in the applicant’s medical evacuation out of Iraq prior to the unit's normal rotation upon completion of their assigned mission. 7. Orders 004-0224, issued by Headquarters, III Corps, Fort Hood on 4 January 2005, show he was ordered to the Fort Hood Transition Center for separation processing, effective 18 March 2005. These orders shows his rank/grade as private first class (PFC)/E-3. 8. The applicant was honorably released from active duty on 18 March 2005 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). The DD Form 214 he was issued shows in: a. Block 4a (Grade, Rate, or Rank), the entry "PFC" b. Block 4b (Pay Grade), the entry "E-3" c. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the following awards: * Purple Heart * Army Commendation Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Pistol Bar 9. The applicant's record is void of evidence that shows he was promoted to the rank/grade of SPC/E-4 during his period of active service, or that he was denied the AGCM by his commander. 10. The applicant was promoted to the rank/grade of SPC/E-4 while serving as a member of the USAR Control Group (Reinforcement). 11. Department of the Army General Orders 2009-11, issued by Headquarters, Department of the Army on 16 December 2009, show 3rd Battalion, 66th Armor was awarded the VUA for extraordinary heroism while engaged in military operations during the period 15 April 2003 to 15 March 2004. 12. Orders D-02-002395, issued by HRC on 10 February 2010, show he was honorably discharge from the USAR on 10 February 2010, in the rank of SPC. 13. The applicant provides a copy of his DD Form 256A, dated 10 February 2010, which shows he was honorably discharged from the USAR in the rank of SPC. REFERENCES: 1. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. 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. 2. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments. a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the AGCM, disqualification must be justified. For first award only, the AGCM is awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. b. The GWOTEM was established by Presidential Executive Order 13289 on 12 March 2003. It is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in GWOT operations on or after 11 September 2001 to a date to be determined. (1) The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 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. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for award of the GWOTEM. (2) Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria. The initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom or Operation Iraqi Freedom (OIF), in designated specific geographic AOE, including Kuwait. c. The ICM is authorized by Public Law 108-234, dated 28 May 2004, and Presidential Executive Order 13363, dated 29 November 2004. It is awarded to members who served in direct support of OIF. The AOE 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 ICM 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-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) d. Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service (emphasis added). e. The OSR is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who served 11 cumulative months in a 24-month period, or 9 months continuous in Iraq or Afghanistan, receive credit for a completed short tour. Rules 6 and 8 of Table 3-2 Army Regulation 614-30 (Overseas Service) apply. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior duty, and prior inactive duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant requests correction of his DD Form 214. He contends he was unaware of the errors on his DD Form 214 due to severe health issues involving combat-related service-connected disabilities. 2. The applicant was released from active duty after completing 3 years of service in the Regular Army. There is no evidence he was denied the AGCM. Nevertheless, the AGCM (1st Award) is not shown on his DD Form 214. 3. The evidence of record shows the applicant was assigned to Company A, 3rd Battalion, 66th Armor Regiment while serving in OIF. He served in Iraq from 1 April 2003 through 18 November 2003, a period of 7 months and 18 days. He was medically evacuated from Iraq after receiving combat-related injuries. 4. In order to be authorized the OSR for service in Iraq, Soldiers must have served 11 cumulative months in a 24-month period or 9 months continuously to get credit for a completed short tour. As a matter of equity, the Board may grant relief in instances where the Soldier was redeployed (medically evacuated) as a result of injuries sustained from a hostile act. 5. Department of the Army General Orders awarded the applicant's unit of assignment the VUA for extraordinary heroism on 16 December 2009. The applicant was assigned to the unit during the dates in question. Nevertheless, this unit award is not shown on his DD Form 214. 6. In accordance with applicable Army regulations, the applicant's period of service in OIF qualifies him for either the ICM or the GWOTEM, but not both for the same period of service. The applicant requested the ICM; however, he did not request the ICM in lieu of the GWOTEM that is shown on his DD Form 214. Therefore, pending a written request from the applicant for the ICM in lieu of the GWOTEM, there is an insufficient basis for correcting his DD Form 214 at this time. In the event he desires award of the ICM in lieu of the GWOTEM, he can submit an application to this Board indicating his preferred award. 7. The applicant's record is void evidence that shows he was promoted to the rank/grade of SPC/E-4 prior to release from active duty. His orders from the USAR show he was discharged in the rank of SPC; however, the promotion occurred after he was separated from active service. The governing regulation stipulates the DD Form 214 is a brief, clear-cut record of current active service at the time of release, retirement, or discharge. 8. The applicant's request for a personal appearance hearing was carefully considered. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010975 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001210 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2