BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160001820 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: 12 October 2017 DOCKET NUMBER: AR20160001820 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 amending his DD Form 214 for the period ending 30 January 2012 by: a. deleting the Armed Forces Reserve Medal with "M" Device (3rd Award) and the Army Reserve Component Overseas Training Ribbon; and b. adding the Armed Forces Reserve Medal with 10-Year Device, "M" Device, and Numeral 4; the Overseas Service Ribbon; and the Army Reserve Component Overseas Training Ribbon with Numeral 3. 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 correcting his records to show he was awarded or authorized the Army Commendation Medal (6th Award), the Overseas Service Ribbon with Numeral 2, or the Army Service Ribbon with Numeral 2. ____________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: 12 October 2017 DOCKET NUMBER: AR20160001820 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 30 January 2012 to show he was awarded or authorized the: * Army Commendation Medal (ARCOM) (6th Award) * Army Forces Reserve Ribbon (presumed to be the Armed Forces Reserve Medal (AFRM)) with bronze hourglass and Numeral 4) * Army Service Ribbon with Numeral 2 * Overseas Service Ribbon (OSR) with Numeral 2 * Army Reserve Components Overseas Training Ribbon (ARCOTR) with Numeral 3 2. The applicant states, in effect, that the following awards are missing from his DD Form 214: a. a sixth ARCOM, which was awarded after his annual training in Uganda, Africa, presented on 7 March 2011; b. the AFRM with bronze hourglass and Numeral 4, based on his four periods of mobilizations and his service at Walter Reed Army Medical Center (WRAMC) (2003-2004), at Camp Shelby, MS (2006-2007), in the Republic of Iraq (2007-2008), and at Stuttgart, Germany (2011); c. the Army Service Ribbon with Numeral 2, based on his 12 years of service (2000-2012); d. the OSR with Numeral 2, based on his active duty service in the Republic of Iraq (2007-2008) and the Federal Republic of Germany (2011); and e. the ARCOTR with Numeral 3, based on his temporary duty status (TDY) in the Federal Republic of Germany (2004), his annual training in the Federal Republic of Germany (2005), and his annual training in Africa (2008). 3. The applicant provides: * four DD Forms 214 for the following ending periods: 25 July 2004; 16 May 2007; 3 July 2008; and 30 January 2012 * Orders M-078-0001, issued by Headquarters, 81st Regional Support Command, Birmingham, AL on 19 March 2003 * a memorandum from WRAMC, Washington, DC for Commander, Company C, WRAMC, dated 30 October 2003, subject: Clearance Request for OCONUS TDY * Order Number 003168, issued by the Army Reserve Medical Command (ARMC), Pinellas Park, FL on 15 November 2005 * Orders 06-048-00001, issued by 8th Medical Brigade, Fort Wadsworth, Staten Island, NY on 17 February 2006 * Orders A-10-626170, issued by the U.S. Army Human Resources Command (HRC), Alexandria, VA on 13 October 2006 * Orders 07-298-00012, issued by the ARMC, Pinellas Park, FL on 25 October 2007 * Order Number 004563, issued by 81st Regional Support Command (RSC), Fort Jackson, SC on 8 October 2009, with amendment dated 7 December 2009 * Orders 11-027-00017, issued by the U.S. Army Reserve (USAR) Command (USARC), Fort McPherson, GA on 27 January 2011, with amendment dated 4 February 2011 * Orders 12-065-00014, issued by Headquarters, USARC, Fort Bragg, NC on 5 March 2012 * three DA Forms 4980-14 (Army Commendation Medal Certificate), dated 31 May 2007, 7 March 2011, and 25 November 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 was appointed as a Reserve commissioned officer of the Army on 12 February 2000, as a first lieutenant in the Army Nurse Corps. His record shows he served in area of concentration 66H (Medical Surgical Nurse). 3. Orders M-078-0001, issued by Headquarters, 81st RSC on 19 March 2003, ordered the applicant to active duty as a member of his Reserve Component (RC) unit, effective 20 March 2003 for a period of 365 days, in support of Operation Noble Eagle. He was ordered to report to WRAMC. 4. A memorandum from the Deputy Commander for Administration, WRAMC, addressed to the Commander, Company C, WRAMC on 30 October 2003, subject: Clearance Request for OCONUS TDY, shows the applicant was cleared to perform OCONUS TDY in the Federal Republic of Germany during the period 31 October 2003 through 28 February 2004. 5. A DA Form 67-9 (Officer Evaluation Report (OER)), covering the period 1 October 2003 through 4 June 2004, shows the applicant was evaluated while assigned to Company C, WRAMC, at Landstuhl Regional Medical Center in the Federal Republic of Germany. 6. The applicant was honorably released from active duty on 25 July 2004 and returned to the control of his USAR unit of assignment. His DD Form 214 shows he completed 1 year, 4 months, and 6 days of net active service. His DD Form 214 further shows in: a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the ARCOM (2nd Award), the AFRM with "M" Device, the Army Service Ribbon, and the ARCOTR; and b. item 18 (Remarks), he was ordered to active duty in support of Operation Noble Eagle. 7. Order Number 003168, issued by the ARMC on 15 November 2005, ordered the applicant to active duty for annual training (AT) for a period of 15 days. He was ordered to report to Wurzburg, Germany, not later than 19 November 2005. 8. A DA Form 67-9, covering the period 5 June 2005 through 15 February 2006, shows the applicant was evaluated during his participation in AT, where he served as a nurse in the surgical unit of Landstuhl Regional Medical Center. 9. Orders 06-048-00001, issued on 17 February 2006, show the applicant was ordered to active duty as a member of his RC unit, effective 20 February 2006 for a period of 365 days, in support of Operation Enduring Freedom (Other than Homeland). He was ordered to report to Camp Shelby, MS. 10. Orders A-10-626170, issued on 13 October 2006, show the applicant was retained on active duty and was ordered to report to Fort Gordon, GA on 11 October 2006, for the purpose of his voluntarily participation in the RC medical holdover medical retention processing program for completion of medical care and treatment. 11. Permanent Orders Number 151-3, issued by the Dwight David Eisenhower Medical Center, Fort Gordon, GA on 31 May 2007, awarded the applicant the ARCOM for meritorious service during the period 17 February 2006 through 16 February 2007. 12. The applicant was honorably released from active duty on 16 May 2007 and was returned to the control of his USAR unit of assignment. His DD Form 214 shows he completed 1 year and 3 months of net active service. His DD Form 214 further shows in: a. item 13, he was awarded or authorized the ARCOM (3rd Award), AFRM with "M" (2nd Award), Army Service Ribbon, and the ARCOTR; and b. item 18, he was ordered to active duty in support of Operation Enduring Freedom and Served under RC Medical Holdover Medical Retention Processing Program from 11 October 2006 through 16 May 2007. 13. Orders 07-298-00012, issued by the ARMC on 25 October 2007, ordered the applicant to active duty as a member of his RC unit to report to Fort Benning, GA Replacement Center on 10 November 2007, for the purpose of mobilization in support of Operation Iraqi Freedom (OIF) for a period of 179 days. 14. The applicant was honorably released from active duty on 3 July 2008 and was returned to the control of his USAR unit of assignment. His DD Form 214 shows he completed 7 months and 27 days of net active service. His DD Form 214 further shows in: a. item 13, he was awarded or authorized the ARCOM (4th Award), Iraq Campaign Medal with campaign star, AFRM with "M" (3rd Award), Army Service Ribbon, and the ARCOTR; and b. item 18, he was ordered to active duty in support of Operation Iraqi Freedom, with service in Iraq from 17 November 2007 through 11 May 2008. 15. Order Number 004563, issued by the 81st RSC on 8 October 2009 and amended by Order Number 019953 on 7 December 2009, ordered the applicant to active duty for annual training, effective 12 October 2009 for a period of 19 days. He was ordered to report to Entebbe, Uganda, for duty with U.S. Africa Command in support of Natural Fire 10. 16. Permanent Orders Number 066-015, issued by the 3274th U.S. Army Hospital on 7 March 2011, awarded the applicant the ARCOM for service during the period 8 September 2009 through 29 October 2009, while assigned to the 7225th Medical Support Unit during a MEDREADY AFRICOM deployment to Uganda in support of Natural Fire 10. 17. Orders 11-027-00017, issued by the USARC on 27 January 2011, ordered the applicant to active duty as a member of his RC unit to report to Fort Benning, GA Replacement Center on 26 February 2011, for the purpose of mobilization for Operation Enduring Freedom (Other Than Homeland). These orders show he was to be mobilized for a period of 179 days; however, the orders were later amended to extend the period to 315 days. 18. Orders BN-059-0004, issued by the U.S. Army Maneuver Center of Excellence, Fort Benning, GA on 28 February 2011, ordered the applicant to deploy in a temporary change of station (TCS) status to Stuttgart, Germany, effective on or about 3 March 2011 for a period not to exceed 307 days. 19. A DA Form 67-9, for the period 23 February 2011 through 2 December 2011, shows the applicant was evaluated as a Family Nurse Practitioner for nine months while assigned to U.S. Army Health Clinic, Stuttgart, Germany. 20. Permanent Orders Number 329-1, issued by the Heidelberg Medical Department Activity on 25 November 2011, awarded the applicant the ARCOM for outstanding service while assigned to the U.S. Army Health Clinic, Stuttgart, Germany, during the period 4 March through 4 December 2011. 21. The applicant was honorably released from active duty on 30 January 2012 and was returned to the control of his USAR unit of assignment. His DD Form 214 shows he completed 11 months and 8 days of net active service. His DD Form 214 further shows in: a. item 13, shows the ARCOM (5th Award), Iraq Campaign Medal with campaign star, AFRM with "M" (3rd Award), Army Service Ribbon, and the ARCOTR; and b. item 18, shows he was ordered to active duty in support of Operation Enduring Freedom and Service in Germany 4 March 2011 through 5 December 2011. 22. Orders 12-065-00014, issued by Headquarters, USARC on 5 March 2012, honorably discharged the applicant from the USAR effective 31 March 2012. 23. The applicant's record contains a DA Form 5016 (Chronological Statement of Retirement Points) that shows he accumulated 12 years, 1 month, and 20 days of qualifying years for non-regular retirement. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments. It provides that: a. The AFRM is awarded for honorable and satisfactory service as a member or former member of one or more of the RC of the Armed Forces of the United States, including the USMCR, 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. (1) The 10-year device is authorized for wear on the AFRM. A bronze hourglass will be awarded upon completion of the first 10-year-period award, denoting 10 years of Reserve service. A silver hourglass will be awarded upon completion of the second 10-year-period award (20 years of Reserve service). A gold hourglass will be awarded upon completion of the third 10-year period award (30 years of Reserve service). (2) The "M" device is authorized for wear on the AFRM by members of the RC who are called to or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense. When a Soldier 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. Multiple periods of service during one contingency (for example, multiple deployments in support of any Global War on Terrorism operation(s) are only eligible for one "M" device) will count as one "M" device award. 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. b. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981 and it is awarded to Servicemembers of the U.S. Army for successful completion of initial entry training. Effective 1 August 1981, all members of the Active Army, Army National Guard (ARNG), and USAR in an active Reserve status are eligible for this award. Officers will be awarded this ribbon upon successful completion of their basic and/or orientation or higher level course. Only one award of the Army Service Ribbon is authorized, regardless of whether a Soldier completes both officer and enlisted initial entry training. c. The OSR was established by the Secretary of the Army on 10 April 1981 and awarded to Servicemembers of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all Servicemembers of the Active Army, ARNG, and USAR in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. Numerals will be used to denote second and subsequent awards of the OSR. (1) Soldiers must be credited with a normal overseas tour completion in accordance with Army Regulation 614–30 (Overseas Service). Servicemembers who have overseas service with another branch of the U.S. Armed Forces must be credited with a normal overseas tour completion by that Service to qualify for award of the Army OSR. (2) 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 nine 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 apply. d. The ARCOTR is awarded to members of the RC of the Army (ARNG and USAR), for successful completion of annual training or ADT for a period not less than 10 consecutive duty days on foreign soil. All ARNG and USAR Soldiers who accompany the RC unit (including unit cells) to which they are assigned or attached as active duty for operational support during overseas training are also eligible for the award. Soldiers must be credited with completion of at least 10 consecutive duty days outside the 50 States, the District of Columbia, and U.S. possessions and territories in the performance of duties in conjunction with Active Army, Joint services, or Allied Forces. The day of departure counts; the day of return does not. The ARCOTR is a training ribbon, which does not conflict with service medals or decorations. Numerals will be used to denote second and subsequent awards of the ARCOTR. e. Arabic numerals are issued instead of a medal or ribbon for second and succeeding awards of the Air Medal, Multinational Force and Observers Medal, OSR, the NCO Professional Development Ribbon, ADFM, and the ARCOTR. 3. Army Regulation 614-30 provides policy and procedures on the eligibility and selection criteria for overseas service in a permanent change of station (PCS) status under routine conditions as well as contingency operations and deployments. It states for RC Soldiers, other than AGR Soldiers, ordered to active duty for training for 140 days or more at one overseas training location or ordered to active duty for other than training for more than 180 days at one overseas location are not required to serve the established overseas tour length for the country or overseas duty location. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 for the period ending 30 January 2012 to show his missing awards was carefully considered. 2. With respect to the AFRM: a. The evidence of record shows he served in the USAR from 12 February 2000 through 31 March 2012. His record contains a Chronological Statement of Retirement Points that shows he accumulated 12 qualifying years for non-regular retirement. b. He was mobilized on four separate occasions throughout his military service in support of operations for the Global War on Terrorism: * Orders M-078-0001, issued on 19 March 2003 * Orders 06-048-00001, issued on 17 February 2006 * Orders 07-298-00012, issued on 25 October 2007 * Order BN-059-0004, issued on 28 February 2011 c. He is eligible for the AFRM with "M" Device with Numeral 4; however, his DD Form 214 shows the AFRM with "M" Device (3rd Award). d. His record shows he served for a period of at least 10 years in the RC, while accumulating a minimum of 50 retirement points in each year. In accordance with applicable Army regulations, a bronze hourglass is awarded upon completion of the first 10 year award period, denoting 10 years of Reserve service with the AFRM. However, his DD Form 214 does not show a bronze hourglass (10-Year Device) with his previously awarded AFRM. 3. The applicant contends he should be awarded two OSRs for his service in the Republic of Iraq from 2007 to 2008 and for service in Germany during 2011. a. Tour lengths for service in Iraq and Afghanistan have not been established by the Department of Defense. Therefore, in accordance with applicable Army regulations and policy, isolated areas where tour lengths for service have not been established a minimum of 11 continuous months in a TCS/TDY status during a 24-month period or nine months continuously to get credit for a completed short tour in order to be authorized the OSR is required. His record indicates he served in the Republic of Iraq from 17 November 2007 through 11 May 2008, a period of 5 months and 2 days. This does not meet the criteria established for award of the OSR. b. His record shows he was ordered to active duty in support of Operation Enduring Freedom with duty in Stuttgart, Germany from 4 March 2011 through 5 December 2011, a period of 277 days. In accordance with applicable Army regulations, an RC Soldier ordered to active duty for other than training for more than 180 days at one overseas location are not required to serve the established overseas tour length for the country or overseas duty location. This does meet the criteria established for award of the OSR. c. His DD Form 214 does not contain an entry for award of the OSR. 4. With respect to the ARCOTR: a. His DD Form 214 for the period ending 25 July 2004 shows he was awarded the ARCOTR. Subsequent to that period of active service, he was ordered to active duty for training on two other occasions: * on 15 November 2005, for a period of 15 days to the Federal Republic of Germany with a report date of 19 November 2005 * on 8 October 2009, for a period of 19 days to Entebbe, Uganda with a report date of 11 October 2009 b. His OER for the period 5 June 2005 through 15 February 2006, shows he participated in two weeks of annual training at Landstuhl Regional Medical Center, Germany, where he served as a nurse in the surgical unit. c. He was awarded by permanent orders the ARCOM for his service in Entebbe, Uganda for the period 8 September 2009 through 29 October 2009, a period of 52 days. d. In accordance with applicable Army regulations, members of the RC upon successful completion of annual training for a period of not less than 10 consecutive days on foreign soil are awarded the ARCOTR and subsequent awards will be denoted by numerals. However, his DD Form 214 shows only one award of the ARCOTR. 5. The applicant's record contains, and he provides, three permanent orders that awarded him the ARCOM. His record is void of any other orders that awarded him additional ARCOMs. He contends he was awarded six ARCOMs; however, his latest DD Form 214 indicates he was awarded five. Unfortunately, without clear and convincing evidence to validate six ARCOMs were awarded by permanent orders, it is presumed his DD Form 214 is correct. 6. He contends he should be awarded a second Army Service Ribbon for his 12 years of service. In accordance with applicable Army regulations, officers will be awarded the Army Service Ribbon upon successful completion of their basic course and only one award of the ribbon is authorized. His DD Form 214 shows the Army Service Ribbon. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001820 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001820 11 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2