IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150004943 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, reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his authorized awards. He also now requests correction of his DD Form 214 and NGB Form 22 (Report of Separation and Record of Service) to show additional military education and military occupational specialty (MOS) designations. 2. The applicant states that he served on active duty from 24 September 1998 to 23 September 2002. a. He states that he qualified for additional awards and decorations. Some of the awards were authorized or awarded after he was released from active duty (REFRAD) and include the - * Meritorious Service Medal (MSM) for his 4 years of honorable service in the U.S. Army * Joint Service Commendation Medal (JSCM) based on assignment with Task Force 180 (TF 180) in lieu of his Army Commendation Medal (ARCOM) * Joint Meritorious Unit Award (JMUA) based on assignment with TF 180 * Military Outstanding Volunteer Service Medal (MOVSM) for performing more than 2,000 hours of volunteer service at the Dale Wayrynen Recreation Center, Fort Campbell, KY * Armed Forces Reserve Medal with "M" Device (AFSM w/M) for being pre-mobilized with his New York Army National Guard (NYARNG) unit in support of Operation Enduring Freedom (OEF) * National Guard (NG) Achievement Medal * NG Good Conduct Medal * New York (NY) NG Defense of Liberty Medal * NG Help Ribbon * Republic of Korea (ROK) Presidential Unit Citation (PUC) based on his assignment to the 2nd Infantry Division (2ID) * Combat Action Badge for defending Bagram Air Base, Afghanistan * Driver and Mechanic Badge with "W" (Wheeled Vehicle) Bar for driving over 30,000 miles during a 2 year period without an accident and "S" (Operator) Bar for the operation of special mechanical equipment * Sharpshooter Marksmanship Qualification Badge with Carbine (M-4) Bar * Expert (Gunner) Marksmanship Qualification Badge with Machinegun (.50 caliber) Bar * Sharpshooter (1st Class) Marksmanship Qualification Badge with Automatic Rifle (M-249) Bar * Sharpshooter (1st Class) Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Combat Patch (based on his service with the 18th Airborne Corps) * Overseas Service Ribbon (2nd Award) for his service in Afghanistan * NY Conspicuous Services Star * NY Medal for Merit b. He qualified and was awarded MOS designations based upon completion of the following training courses – * Water Treatment Specialist (MOS 77W2O) * Special Qualification Identifier (SQI) "L" (Linguist) * Language Identification Code (LIC) "QB" (Spanish) * Standard Army Retail Supply System (SARRS-1), Operator Course * SARRS-1, Supervisor Course * Unit Level Logistics System–Ground (ULLS-G) Operator Course 3. The applicant provides copies of the following documents – * four self-authored statements (summarized above) in support of his requests for award of the MSM; MOVSM; Combat Action Badge (CAB); and Army Reserve Components Achievement Medal (ARCAM), AFRM w/M, NG Defense of Liberty Medal, NG Help Ribbon, and NG Good Conduct Medal, all dated 3 March 2015 * Basic Combat Training (BCT) Individual Training Record * DA Form 7007-R (Machine Gun Scorecard for M-2) * DA Form 7304-R (Scorecard for M-249 AR) * DA Form 3595-R (Record Fire Scorecard) * two reassignment orders * Organization Clothing and Equipment Record * 2ID Liberty Pass * two DA Forms 87 (Certificates of Training) * ATSC Form 114 (Certificate of Completion) * DA Form 638 (Recommendation for Award) * DA Form 4980-18 (Army Achievement Medal (AAM) Certificate) * DA Form 4856 (Developmental Counseling Form) * DA Form 330 (Language Proficiency Questionnaire) * MOS and language proficiency orders * DWRC Volunteer of The Year 2000 Certificate * DWRC Volunteer Hours Log * letter of support, dated 24 February 2015 * unit deployment orders with personnel manifest (page 5) * North Atlantic Treaty Organization (NATO) travel orders * DA Form 4980-14 (ARCOM Certificate) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to DD Form 214) * DD Form 4 (Enlistment Document – Armed Forces of the United States) * DA Form 4187 (Personnel Action) * ARNG Retirement Points History Statement * two Active Duty for Special Work (ADSW) orders with documents * ARNG discharge orders * NGB Form 22 (Report of Separation and Record of Service) * NGB Form 55 (ARNG Honorable Discharge Certificate) * State award criteria for the – * NY Medal for Merit * NY Conspicuous Service Star 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 (and reconsideration within 1 year of the date of the decision for the original consideration of the case). 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 (or within the policy guidance for reconsideration) 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080000988, on 24 September 2008. 3. The applicant enlisted in the U.S. Army Reserve on 31 July 1998 for a period of 8 years. He then further enlisted in the Regular Army on 24 September 1998 for a period of 4 years. Upon completion of training he was awarded MOS 92A (Automated Logistical Specialist). 4. He served overseas in – * Korea from 3 May 1999 to 26 April 2000 * Afghanistan from 7 April 2002 to 16 July 2002 5. The applicant's DD Form 214 shows he entered active duty this period on 24 September 1998, was honorably REFRAD on 23 September 2002, and transferred to the 145th Maintenance Company, NYARNG, to complete his Reserve obligation. He had completed 4 years of total active service during this period. It also shows in: a. item 11 (Primary Specialty): 92A1L 00, Automated Logistical Specialist, 3 years, 6 months; b. item 12 (Record of Service), item f (Foreign Service): 1 year, 3 months, and 5 days; c. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 issued on 19 March 2009, the – * AAM * ARCOM * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon (OSR) * Korea Defense Service Medal * Afghanistan Campaign Medal with 1 Bronze Service Star * Global War on Terrorism Service Medal d. item 14 (Military Education): Automated Logistical Specialist Course, 10 Weeks, 1999 6. A DD Form 4 shows the applicant enlisted in the Army National Guard of the United States (ARNGUS) and NYARNG on 14 August 2002 for a period of 3 years, 10 months, and 7 days. 7. Office of the Adjutant General, State of NY, Latham, NY, Orders 282-005, dated 9 October 2002, awarded the applicant primary MOS (PMOS) 92A1O effective 24 September 2002. 8. A DA Form 2-1 (Personnel Qualification Record), prepared on 29 April 2003 shows in: a. item 9 (Award, Decorations and Campaigns) the – * AAM * ARCOM * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Army Service Ribbon * OSR b. A review of item 35 (Record of Assignments) failed to reveal evidence that he was assigned to a principal duty position of driver, assistant driver, or special mechanical equipment operator during the period of service under review. 9. An NGB Form 22 shows the applicant enlisted in the ARNGUS and NYARNG on 24 September 2002 and he was honorably discharged on 16 May 2004. He had completed 1 year, 7 months, and 23 days of net service this period; 1 month and 23 days of prior Reserve Component (RC) service; 4 years of prior active Federal service; and 5 years, 9 months, and 16 days of total service for pay/retired pay. It also shows in – * item 12 (Military Education): Automated Logistical Specialist, 10 Weeks, 1999 * item 13 (Primary Specialty Number, Title, and Date Awarded): PMOS 92A1O, Automated Logistics Specialist * item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded): * AAM * ARCOM * National Defense Service Medal * Army Service Ribbon * OSR * Army Good Conduct Medal 10. In support of his application the applicant provides the following documents related to his military service. a. BCT Individual Training Record, dated 5 December 1998, that shows the Commander, Company C, 2nd Battalion, 28th Infantry, 1st Brigade (BCT), Fort Jackson, SC, certified that the applicant graduated BCT and qualified for the – * Marksman Marksmanship Qualification Badge with Rifle Bar * Gunner 1st Class (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar b. Machine Gun Scorecard for M-2, undated, that shows his name and that of another Soldier written in the header area of the form; a total of 10 hits for Table II and a total of 9 hits for Table III; and the signature of the officer in charge (OIC). It does not show the rating or signature of the grader. The footer of the form shows handwritten entries for the various qualification categories. c. Scorecard for M-249 Automatic Rifle that shows he achieved a total score of 87 (hits), qualified First Class (80-89), and signatures of the OIC and grader. d. Record Fire Scorecard [with the handwritten entry "M4" in the header], dated 28 February [year not indicated], that shows he achieved a total score of 32 (hits), qualified Sharpshooter (30-35), and the signature of the OIC. It does not show the signature of the scorer. e. U.S. Army Combined Arms Support Command, Fort Lee, VA, Orders 063-00235, dated 4 March 1999, with 1st Endorsement, dated 4 May 1999, that assigned him to Korea on 3 May 1999 with further reassignment to the 61st Maintenance Company (Direct Support) effective 4 May 1999. (An Organization Clothing and Equipment Record, dated 6 May 1999, and 2ID Liberty Pass also show he was assigned to the 61st Maintenance Company.) f. DA Form 87 that shows he successfully completed the 64-hour, Eighth U.S. Army, Logistics Training Team Course, Number 23, SARSS-1 Operator Course, during the period 24 January to 2 February 2000. g. ATSC Form 114 that shows he successfully completed the (non-resident) Water Treatment Specialist Course (MOS 77W2O), U.S. Army Training Support Center, Fort Eustis, VA, on 25 February 2000. h. DA Form 638 (front page) and DA Form 4980-18 that show Headquarters, 498th Corps Support Battalion (Provisional), Yongsan, Korea, Permanent Order Number 67-05, dated 6 March 2000, awarded him the AAM for meritorious service as Materiel Management Specialist, 61st Maintenance Company, during the period 4 May 1999 to 4 May 2000. i. Detachment A, 516th Personnel Services Battalion, Orders 80-24, dated 20 March 2000, that shows he departed Korea on 2 May 2000 for assignment to the 160th Aviation, Fort Campbell, KY, with a reporting date of 2 June 2000. j. DA Form 4856, dated 8 June 2000, that shows he received combat skills counselling upon assignment to Special Operations Training Company. k. DA Form 330 , dated 4 August 2000, that shows he was administered the Defense Language Proficiency Test IV in Spanish (LIC QB) at Fort Campbell, KY. He achieved a listening score of 54 with a rating of 30 and a reading score of 50 with a rating of 30. l. Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY – * Orders 235-521, dated 22 August 2000, that awarded him foreign language proficiency pay 2, with a rating of L3 in LIC QB, effective 4 August 2000 with a termination date of 3 August 2001 * Orders 235-531, dated 22 August 2000, that awarded him SQI "L" effective 4 August 2000 m. DA Form 87 that shows he successfully completed the 40-hour, ULLS Ground Operator Level Course during the period 5 March to 14 March 2001. n. DWRC Volunteer of The Year 2000 Certificate, two DWRC Volunteer Hour Logs for the Months of June and July 2001 (231 total hours), and a statement by Sergeant First Class (SFC) T__ L. B____, Sr., U.S. Army (Retired), dated 24 February 2015, that show the applicant performed volunteer service in the local community. SFC B___ stated that he submitted award recommendations pertaining to the applicant for the MOVSM and Driver and Mechanic Badge with "W" and "S" Bars. o. Headquarters, 101st Airborne Division, Fort Campbell, KY, Orders 067-715, dated 8 March 2002; Temporary Change of Station (TCS) Orders Roster; and NATO Travel Order, dated 12 July 2002, that show he deployed as a member of the 129th Corps Support Battalion to Afghanistan in support of OEF on 15 March 2002. p. DA Form 4980-18 that shows Combined Joint Task Force-180 Base Operations, Permanent Orders Number 227-12, undated, awarded him the ARCOM for meritorious achievement while assigned to Logistical Task Force 129 as the TAMMS/ULLS-G and Unit Dispatcher, during the period 1 April 2002 to 1 August 2002. q. Office of the Adjutant General, State of NY, Latham, NY. Orders 113-353, dated 22 April 2004, and Orders 127-267, dated 6 May 2004, with supporting documents, that show the applicant was ordered to ADSW during the periods 26 April to 30 April 2004 and 3 May to 7 May 2004 to perform pre-mobilization Soldier readiness processing and equipment movement at Kingsbridge Armory, Bronx, NY, and Operational Maintenance Site 8, Valhalla, NY, respectively. The authority cited for the applicant's ADSW was Title 10, U.S. Code, section 672(d). r. Office of the Adjutant General, State of NY, Latham, NY. Orders 097-1009, dated 6 April 2004, that honorably discharged the applicant from the ARNG effective 16 May 2004. s. State of New York award criteria for the – * New York Medal for Merit that shows the medal may be awarded to any current New York State citizen or person who was a New York State citizen while serving on Federal active duty based on, in pertinent part, prior award of (at least one award of) the ARCOM, the AAM, or the Afghanistan Campaign Medal * New York Conspicuous Service Star that shows the medal may be awarded to any current New York State citizen or person who was a New York State citizen while serving on Federal active duty based on, in pertinent part, prior award of the JMUA 11. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. Chapter 3 (U.S. Army Individual Decorations), paragraph 3-1, provides that U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service. The decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority. No individual is automatically entitled to an award upon departure from an assignment. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. c. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. (A review of the Military Awards regulation failed to reveal any provisions for converting the ARCOM to the JCSM.) d. The JSCM was authorized by the Secretary of Defense on 25 June 1963. It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service. e. The MOVSM may be awarded to members of the Armed Forces of the United States and their RCs who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature. To qualify for award of the MOVSM a service member's volunteer service must meet the following requirements: (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature. (1) There is no specific time period to qualify for award of the MOVSM; however, volunteer service must exceed 3 years and/or 500 hours of service. Approval authorities will ensure the service to be honored merits the special recognition afforded by this medal. The MOVSM is intended to recognize exceptional community support over time and not a single act or achievement. Further, it is intended to honor direct support of community activities. For the purpose of this award, attending membership meetings or social events of a community service group is not considered qualifying service, while manning a community crisis action telephone line is considered qualifying service. Approval authority for award of the MOVSM will be commanders serving in the rank of lieutenant colonel (O–5) or higher. (2) Before the recommendation is forwarded to the award approval authority, the recommender must certify that the Service member meets the eligibility criteria for award of the MOVSM. Substantiating documentation, such as record of hours contributed, letters or certificates from activity supervisors, or other proof of the Service member's volunteer services may be attached as enclosures to the recommendation. The rules for processing award of the MOVSM are as follows: (1) Recommendations for award of the MOVSM will be submitted through official military channels using memorandum format; (2) The Soldier's commander will certify that the eligibility requirements have been met and that the service was honorable throughout the award period; (3) When contemplating award of the MOVSM, the following issues should be taken into consideration: (a) Service member must be performing services on a voluntary basis, not detailed or tasked; (b) Services performed may not be part of any military mission (for example a unit project), and may not result in any personal gain for the Service member. f. The AFRM is awarded for honorable and satisfactory service as a member of one or more of the RCs for a period of 10 years. Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code. The member must have been called or 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 Section 101(A) (13) of Title 10, U.S. Code. Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the "M" Device. The "M" Device will be worn on the AFRM to denote service by RC personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense. The "M" Device may only be awarded to individuals who have qualified for award of the AFRM. g. The OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, ARNG, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. (1) A numeral is used to denote subsequent awards of the OSR. (2) According to the Military Awards Branch at the 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 serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. h. The requirements for award of the CAB are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. Award of the CAB is authorized from 18 September 2001 to a date to be determined. Only one CAB may be awarded during a qualifying period. (1) Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Individuals who are not on active duty or in an active status may request this award by letter. All requests must contain – * assignment, attachment, or operational control orders * a copy of 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 certified copy of the DD Form 214 * other supporting documentation (2) Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time. This does not mean the applicant's application has been denied by the ABCMR or that he may not file again. Should the applicant's case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit an application with evidence of the U.S. Army Human Resources Command's denial of his request. i. The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles. (1) Component bars are authorized only for the following types of vehicles and/or qualifications – * Driver-W (for wheeled vehicles) * Driver-T (for tracked vehicles) * Driver-M (for motorcycles) * Driver-A (for amphibious vehicles) * Mechanic (for automotive or allied vehicles) * Operator-S (for special mechanical equipment) (2) The eligibility requirements for drivers require that a Soldier must: (a) qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator's Identification Card), issued as prescribed by Army Regulation 600-55; (b) be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft); and (c) perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. j. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. k. State ARNG awards and commemorative medals are not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a Federal discharge document. 12. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows during the Korean War, Headquarters and Headquarters Company (HHC), 2ID, and numerous other 2ID units, were cited for award of the ROK PUC for the periods of service from – * 1–5 September 1950 by Department of the Army General Order Number 35, 1951 * 16 September 1950 to 26 October 1953 by Department of the Army General Order Number 10, 1954 13. Headquarters, Department of the Army, General Orders Number 9, dated 19 November 2005, awarded the JMUA to Headquarters, Combined/Joint Task Force–180, Bagram Airfield, Afghanistan, for the period 31 May 2002 to 1 April 2003. (The award citation does not list any assigned/attached units.) 14. Department of Defense (DoD) Instruction 1348.33 (Military Awards Program) states the JMUA was authorized by the Secretary of Defense on 10 June 1981. It is awarded to recognize joint units and activities (emphasis added) for meritorious achievement or service superior to that which is normally expected. Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature. The JMUA may not be awarded to any DoD activity which has received any other unit award for the same achievement or period of service. 15. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia, as worn by officers and enlisted personnel of the Active Army, USAR, and ARNG Soldiers, as well as by former Soldiers. a. Chapter 22 (Wear of Decorations, Service Medals, Badges, Unit Awards, and Appurtenance), paragraph 22-4 (Order of precedence by category of medal), in pertinent part, prescribes guidance for the wear of foreign military decorations, foreign unit awards, non-U.S. service awards, and State awards for ARNG Soldiers. b. Unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit. c. This Army regulation prohibits the wearing of commemorative medals. d. The requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch." The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters, Department of the Army, are authorized to be worn on the right sleeve of the Army dress and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration. 16. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. a. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. b. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 17. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. It shows for: a. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records; and b. item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for reconsideration of his request for correction of his military service records to show all of his authorized awards and his new request pertaining to military education and MOS designations was carefully considered. 2. There is no evidence of record that shows the applicant was recommended for or awarded the MSM, the JCSM, or the MOVSM. There is also no evidence of record that shows an award of the ARCOM may be converted to the JCSM. In addition, the evidence of 231 volunteer hours in 2001 and statement by SFC T__ L. B____, Sr., U.S. Army (Retired) that he recommended the applicant for the MOVSM are noted with respect to his request for the MOVSM. a. The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders. There is an insufficient evidentiary basis for correcting the applicant's records to show the above awards. b. While the available evidence is insufficient for correcting his records to show award of the MSM, the JSCM, or the MOVSM, this in no way affects his right to pursue his claim for any of the awards by submitting his request(s) through his Member of Congress under the provisions of 10 USC 1130. 3. The evidence of record shows that while serving with the NYARNG, the applicant was ordered to ADSW during the periods 26 April to 30 April 2004 and 3 May to 7 May 2004, under the provisions of Title 10, U.S. Code, section 672(d), to perform pre-mobilization Soldier readiness processing and equipment movement. a. There is no evidence of record that shows the applicant was mobilized in support of OJE under the provisions of Sections 101(a)(13), 12301(a), 12302, 12304, or 12406, of Title 10, U.S. Code. b. The evidence of record does not support the applicant's claim to the AFRM with "M" Device. 4. Records show the applicant was awarded the OSR for completion of his overseas tour of duty in Korea from 3 May 1999 to 26 April 2000. a. He served in Afghanistan for a period of 3 months and 10 days (i.e., from 7 April 2002 to 16 July 2002). b. The evidence of record shows credit for a completed overseas tour in Afghanistan requires 9 months of continuous service or 11 cumulative months in a 24-month period. c. The evidence of record does not support the applicant's claim to a second award of the OSR. 5. The evidence of record shows the applicant was assigned to the 129th Corps Support Battalion when he deployed to Afghanistan in support of OJE during the period 7 April 2002 to 16 July 2002. a. He was awarded the ARCOM for meritorious achievement while assigned to Task Force 129 during the period 1 April 2002 to 1 August 2002. b. General orders awarded the JMUA to Headquarters, Combined/Joint Task Force–180, Bagram Airfield, Afghanistan, for the period 31 May 2002 to 1 April 2003. c. In view of the foregoing, based on the applicant's unit(s) of assignment during the period of service under review, the evidence of record does not support the applicant's claim to the JMUA. 6. Records show the applicant was assigned to the 161st Maintenance Company, 2ID, while serving in Korea from 3 May 1999 to 26 April 2000. a. There is no evidence of record that shows the applicant's unit was awarded the ROK PUC during the period of his assignment to the unit/2ID. b. General orders awarded the ROK PUC to HHC, 2ID and specific assigned/ attached units during the Korean War. c. The applicant was authorized temporary wear of the ROK PUK during the period of his assignment to the 2ID. d. However, the evidence of record does not support the applicant's request to correct his records to show award of the ROK PUC. 7. There is no evidence of record that shows the applicant was recommended for or awarded the Driver and Mechanic Badge with "W" or "S" Bars. a. The statement by SFC T__ L. B____, Sr., U.S. Army (Retired) that he recommended the applicant for the badge is noted. b. The applicant provides insufficient evidence to show he possessed a valid U.S. Government Motor Vehicles Operator's Identification Card and that he was assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his Equipment Operator's Qualification Record. c. The evidence of record does not support the applicant's claim to the Driver and Mechanic Badge with "W" Bar. 8. The applicant provided evidence to show he qualified for the – * Sharpshooter (Gunner 1st Class) Marksmanship Qualification Badge with Grenade Bar * Sharpshooter (1st Class) Marksmanship Qualification Badge with Automatic (M-249) Rifle * Marksman Marksmanship Qualification Badge with Rifle Bar 9. The evidence the applicant provides pertaining to the Gunner 1st Class Marksmanship Qualification Badge with Machinegun (.50 caliber) Bar and Sharpshooter Marksmanship Qualification Badge with Carbine (M-4) Bar is insufficient to show he qualified with the weapons because the documents are not properly completed and/or authenticated. 10. The evidence of record shows there are no provisions for entering the shoulder sleeve insignia for former wartime service (combat patch) on the DD Form 214 as it is an item of uniform wear and not an award or decoration. 11. Army Regulation 600-8-22 does not govern State awards or commemorative medals. As such, the NG Achievement Medal, NG Good Conduct Medal, NY NG Defense of Liberty Medal, NG Help Ribbon, NY Conspicuous Services Star, and NY Medal for Merit will not be discussed further in this Record of Proceedings. However, this in no way affects the applicant's right to pursue his claim for these awards through the NYARNG or the State of New York. 12. Records show the applicant was awarded SQI "L" and that the SQI is shown in item 9 of his DD Form 214. He qualified for foreign language proficiency pay during the period 4 August 2000 through 3 August 2001. There is no evidence of record that shows he was awarded LIC "QB" or that he qualified for award of LIC "QB" at the time he was REFRAD on 23 September 2002 or at the time of his discharge from the ARNG on 16 May 2004. 13. The evidence of record shows the applicant completed the non-resident course for Water Treatment Specialist. There is no evidence of record that shows he was awarded MOS 77W. Based on the foregoing, the evidence of record does not support correction of item 9 or item 11 of his DD Form 214. 14. The evidence of record shows he completed the following training courses: * SARSS–1 Operator Course, 1 Week, 2000 * ULLS–Ground Operator Course, 1 Week, 2001 15. There is no evidence of record that shows he completed the SARSS–1 Supervisor Course. 16. In view of all of the foregoing, the applicant's military service records should be corrected, as recommended below. 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 amendment of the ABCMR's decision in Docket Number AR20080000988, dated 24 September 2008. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by correcting his: a. DD Form 214 by adding to – * item 13 the – * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars * Marksman Marksmanship Qualification Badge with Rifle Bar * item 14 the – * Standard Army Retail Supply System–1 Operator Course, 1 Week, 2000 * Unit Level Logistics System–Ground Operator Course, 1 Week, 2001 b. NGB Form 22 by adding to – * item 12 the – * Standard Army Retail Supply System–1 Operator Course, 1 Week, 2000 * Unit Level Logistics System–Ground Operator Course, 1 Week, 2001 * item 15 the – * Sharpshooter Marksmanship Qualification Badge with Automatic (M-249) Rifle, and Grenade Bars * Marksman Marksmanship Qualification Badge with Rifle Bar 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 the – * Meritorious Service Medal * Joint Service Commendation Medal * Military Outstanding Volunteer Service Medal * Armed Forces Reserve Medal with the "M" Device * Overseas Service Ribbon (2nd Award) * Joint Meritorious Unit Award * Republic of Korea Presidential Unit Citation * Driver and Mechanic Badge with "W" and/or "S" Bars * Gunner 1st Class (Expert) Marksmanship Qualification Badge with Machinegun (.50 caliber) Bar * Sharpshooter Marksmanship Qualification Badge with Carbine (M-4) Bar * Overseas Service Bar * National Guard Achievement Medal * National Guard Good Conduct Medal * New York Army National Guard Defense of Liberty Medal * National Guard Help Ribbon * New York Conspicuous Services Star * New York Medal for Merit * Water Treatment Specialist course * Military Occupational Specialty designations * Standard Army Retail Supply System–1 Supervisor Course _______ _ _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) AR20150004943 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004943 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1