IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150005295 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: 7 April 2016 DOCKET NUMBER: AR20150005295 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) for service between 7 December 2003 and 27 February 2005; b. awarding him the Army Reserve Components Achievement Medal (1st Award) for service between 20 July 2001 and 6 December 2003; and c. amending item 13 of his DD Form 214 for the period ending 27 February 2005 by deleting the Global War on Terrorism Expeditionary Medal and adding the Army Good Conduct Medal (1st Award), Army Reserve Components Achievement Medal (1st Award), Iraq Campaign Medal with 2 bronze service stars, Overseas Service Ribbon, Meritorious Unit Commendation and the Combat Action Badge. 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 27 February 2005 to show his rank as "SGT" and his pay grade as "E-5," to show his effective date of pay grade as 29 September 2005, and to show he is authorized the Army Superior Unit Award. _____________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: 7 April 2016 DOCKET NUMBER: AR20150005295 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 27 February 2005, as follows: a. amend items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) to show his rank and pay grade as "SGT [sergeant]" and "E-5" instead of "SPC [specialist]" and "E-4"; b. amend item 12h (Record of Service – Effective Date of Pay Grade) to show his effective date of pay grade as 29 September 2005; and c. amend item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded or authorized the: * Army Good Conduct Medal * Army Reserve Components Achievement Medal * Iraq Campaign Medal with 2 bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal * Overseas Service Ribbon * Army Superior Unit Award * Meritorious Unit Commendation * Combat Action Badge 2. The applicant states: a. The administrative personnel assigned to the 485th Quartermaster Company did not take the time or initiative to research and make sure he and many other Soldiers received the awards to which they were authorized. Due to a lack of communication between the 485th Quartermaster Company and his parent unit, the 141st Quartermaster Company, he was not made aware of these awards; however, they should have been added to his DD Form 214 when he was released from active duty. b. These awards are important to him as a Soldier; he served honorably in Iraq and is now suffering with service-related disabilities that have greatly affected him in civilian life. He wants to wear his Class A uniform proudly and correctly with all of the awards he earned; his DD 214 should reflect that. He knew he was authorized certain awards that he did not receive and yet he did not attach ribbons or badges to my uniform. He will wear the correct ribbons and badges once his DD Form 214 has been corrected. 3. The applicant provides the following documents, arranged chronologically: * DD Form 214 for the period ending 30 May 2002 * DD Form 214 for the period ending 27 February 2005 * Orders 05-288-00008 issued by Headquarters, 90th Regional Readiness Command, North Little Rock, Arkansas, on 15 October 2005 * DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 29 September 2005 through 31 August 2006 * Permanent Orders 165-67 issued by Headquarters, 90th Regional Readiness Command, North Little Rock, Arkansas, on 2 October 2006 * Orders 06-283-00038 issued by Headquarters, 90th Regional Readiness Command, North Little Rock, Arkansas, on 10 October 2006 * Permanent Orders 291-17 issued by the U.S. Army Human Resources Command (HRC), Alexandria, Virginia, on 18 October 2007 * AHRC Form 606-E (Retirement Point Statement) dated 20 March 2008 * Permanent Orders 337-18 issued by HRC, Alexandria, Virginia, on 2 December 2008 * Reserve Orders CA-013530, issued by Headquarters, Air Reserve Personnel Center, Denver, Colorado, on 1 September 2009 * an undated printout from an unidentified source that shows periods of activation and/or deployment, with dates and locations 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 U.S. Army Reserve (USAR) on 20 July 2001. He entered active duty on 8 January 2002, completed his initial entry training and was awarded military occupational specialty 77F (Petroleum Supply Specialist), and was released from active duty on 30 May 2002. Upon his release from active duty, he was returned to the 141st Quartermaster Company, a subordinate USAR troop program unit (TPU) of the 90th Regional Readiness Command. 3. He was promoted to the rank/grade of SPC/E-4 on 21 February 2003. 4. He was ordered to active duty on 7 December 2003 in support of Operation Iraqi Freedom (OIF). He deployed to Iraq as a member of the 485th Quartermaster Company during the period 17 February 2004 through 3 February 2005. 5. He was honorably released from active duty on 27 February 2005. His DD Form 214 shows in: a. Items 4a and 4b, he was released from active duty in the rank/grade of SPC/E-4; b. Item 12h, his effective date of pay grade, for the pay grade shown in item 4b, was 21 February 2003; c. Item 13, he was awarded or authorized the following awards and decorations, arranged in order of precedence: Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon. d. Item 18 (Remarks), he was deployed to Iraq during the period 17 February 2004 through 3 February 2005. 6. He was promoted to the rank/grade of SGT/E-5 on 29 September 2005. 7. His record is void of official orders awarding him the Army Good Conduct Medal for his first period of active service from 7 December 2003 through 27 February 2005. Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, lost time, or suspension of favorable personnel actions that would have disqualified him from receiving his first award of the Army Good Conduct Medal. 8. He provides: a. Permanent Orders 165-67, issued Headquarters, 90th Regional Readiness Command on 2 October 2006, which awarded him the Combat Action Badge for actively engaging or being engaged by the enemy during the period 3 March 2004 through 5 December 2004. According to these orders, he was assigned to the 485th Quartermaster Company during this period. b. Orders 06-283-00038, issued by Headquarters, 90th Regional Readiness Command on 10 October 2006, which honorably discharged him from the USAR effective 29 August 2006. c. Permanent Orders 291-17, issued by HRC on 18 October 2007, which authorized the Meritorious Unit Commendation to members of the 485th Quartermaster Company for exceptionally meritorious service in support of OIF, during the period 18 February 2004 through 17 February 2005. d. Permanent Orders 337-18, issued by HRC on 2 December 2008, which authorized the Army Superior Unit Award to members of the 90th Regional Readiness Command headquarters for outstanding meritorious service, during the period 1 November 2004 through 1 February 2006. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service. There is no automatic entitlement to the Army Good Conduct Medal; however, disqualification must be justified. b. The Army Reserve Components Achievement Medal is awarded to individuals who distinguish themselves through exemplary behavior, efficiency, and fidelity, while serving as a member of an Army National Guard (ARNG) unit, USAR TPU, or as individual mobilization augmentee (IMA). (1) 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. (2) Effective 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 years to 3 years. That is, Soldiers completing 3 years of qualified service on or after 28 March 1995 are eligible for Army Reserve Components Achievement Medal consideration. (3) The Soldier must have exhibited honest and faithful service in accordance with the standards of conduct, courage, and duty required by law and customs of the service. (4) The Soldier must be recommended for the award by his unit commander whose recommendation is based on personal knowledge of the Soldier and his official records. (5) Enlisted Soldiers assigned to an ARNG unit, a USAR TPU, or members in an IMA status, who are ordered to active duty or mobilized in support of ongoing operations for 365 days or more (not for training), will be awarded the ARCAM if upon the commencement of their period of mobilized service, they have completed 2 of the 3 years of qualifying service. c. The Iraq Campaign Medal is authorized by Public Law 108–234, dated 28 May 2004, and Presidential Executive Order 13363, dated 29 November 2004. (1) It is awarded to members who served in direct support of OIF. 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 during the applicant’s period of service are: * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) (2) Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. d. The Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours. Army Regulation 614-30 (Overseas Service), Table 3-2, identifies tour lengths. In accordance with proponent guidance, Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq, in a temporary change of station/tour of duty status, get credit for a complete short tour. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty. e. The Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime. The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 for the period ending 27 February 2005 to show his rank/grade as SGT/E-5 and to add numerous awards was carefully considered. 2. The available evidence confirms he served honorably on active duty during the period 7 December 2003 through 27 February 2005. His records contain no derogatory information or evidence that shows he was denied award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award. 3. The Army Reserve Components Achievement Medal is authorized only for USAR TPU and USAR Soldiers serving as an IMA. a. The applicant was in a TPU status from 20 July 2001 (his date of enlistment) through 6 December 2003 (the day before he entered active duty in support of OIF), which was a period of 2 years, 4 months, and 17 days. He entered active duty on 7 December 2003, which began his period of eligibility for the Army Good Conduct Medal. b. Enlisted Soldiers assigned to USAR unit, who are ordered to active duty or mobilized in support of ongoing operations for 365 days or more (not for training), will be awarded the ARCAM if upon the commencement of their period of mobilized service, they have completed 2 of the 3 years of qualifying service. c. His DA Form 5016 (Chronological Statement of Retirement Points) does not contain entries prior to 20 July 2003; therefore, it is not known whether or not he attained 50 retirement points in each retirement year between 20 July 2001 and 20 July 2003. However, there is no derogatory information in his OMPF. d. As a matter of equity, it would be appropriate to award him the Army Reserve Components Achievement Medal for the period 20 July 2001 through 6 December 2003 and to correct his DD Form 214 to show this award. 4. The applicant served in Iraq from 17 February 2004 through 3 February 2005, during which time he participated in two campaigns. For this period of service, he is authorized the Global War on Terrorism Expeditionary Medal and that medal is shown on his DD Form 214. 5. Service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized remain qualified for that medal. However, upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. 6. The applicant has requested the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal; therefore, it would be appropriate to correct his DD Form 214 by deleting the Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign Medal with two bronze service stars. 7. Army Regulation 600-8-22 provides that Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq, in a temporary change of station/tour of duty status, get credit for a complete short tour. The applicant served in Iraq for 11 months and 16 days; however, the Overseas Service Ribbon is not shown on his DD Form 214. 8. Permanent orders authorized the Meritorious Unit Commendation to members of the 485th Quartermaster Company for exceptionally meritorious service in support of OIF, during the period 18 February 2004 through 17 February 2005. The applicant was a member of this unit during the period cited; however, this unit award is not shown on his DD Form 214. 9. Permanent orders awarded him the Combat Action Badge; however, this badge is not shown on his DD Form 214. 10. He requests correction of his DD Form 214 to show his separation rank and pay grade as SGT and E-5 and to show his effective date of pay grade as 29 September 2005. The evidence of record shows he was promoted to the rank/grade of SGT/E-5 on 29 September 2005, which is after 27 February 2005, the date he was released from active duty. His DD Form 214 correctly reflects his separation rank/grade as SPC/E-4 and his effective date of pay grade is correctly reflected as 21 February 2003, the date he was assumed the grade E-4. 11. He requests correction of his DD Form 214 to show he is authorized the Army Superior Unit Award. He provides orders that show the Army Superior Unit Award was authorized to members of the "90th Regional Readiness Command (-)." Typically, the "(-)" annotation after "90th Regional Readiness Command" is used to signify that certain subordinate units were excluded from this authorization; however, such units are not cited in the order. Regardless, the order doesn't identify the 485th Quartermaster Company as an eligible subordinate unit. Therefore, the provided order by itself is insufficient as a basis for correcting the applicant's DD Form 214 to show he is authorized the Army Superior Unit Award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005295 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2