IN THE CASE OF: BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20150005565 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: a. correction of his DA Form 2-1 (Personnel Qualification Record – Part II) to show his deployments to Bosnia and Iraq; b. correction of his DD Form 214 to show: * he was awarded the Iraq Campaign Medal with two bronze service stars in lieu of the Armed Forces Expeditionary Medal (3rd Award) * he is authorized a Presidential Unit Citation * his deployments to Kuwait and Bosnia c. correction of his official military personnel file (OMPF), located within the integrated Personnel Electronic Records Management System (iPERMS) by: (1) separating his DD Form 214 and DA Form 2-1 and all the other documents filed under the heading "DD Form 214" and appropriately filing and titling these documents under an appropriate headings; and (2) adding a memorandum/assignment instructions, dated 1 November 1999 to IPERMS. 2. The applicant states, he discovered some of his records were "messed up," so he started digging into iPERMS, which was not around when he was on active duty. He located his DD Form 214 on iPERMS and noticed it was 15 pages in length. DD Forms 214 are not supposed to be 15 pages long. He also found his DA Form 2-1, a document he had never seen before, and noticed it had two deployments missing (Bosnia and Iraq). Additionally, the DD Form 214 filed in iPERMS contains numerous other documents that need to be filed separately in iPERMS and titled correctly; otherwise, personnel looking through his military records will not be able to locate the documents they may be searching for. a. On 15 December 1999, he was deployed to Kuwait for Operation Desert Spring and was awarded the Armed Forces Expeditionary Medal; this award was recorded on his DA Form 2-1. During his deployment to Kuwait, he was also awarded the Mechanics Badge and a certificate of appreciation. b. He was deployed to Bosnia from 5 April to 27 September 2001; however, this deployment was not added to his DD Form 214. c. He was deployed to Iraq from 25 January 2003 to 3 August 2003, after which he was awarded the Armed Forces Expeditionary Medal. This medal needs to be changed to the Iraq Campaign Medal with two bronze service stars. Additionally, his unit, the 3rd Squadron, 7th Cavalry Regiment, 3rd Infantry Division, was cited for award of the Presidential Unit Citation for service in Iraq and he would like this award to be added to his DD Form 214. 3. The applicant provides: * a self-authored statement * copies of his DA Form 2-1 and DD Form 214 * a memorandum, dated 1 November 1999, subject: Assignment Instructions (Corrected Copy) * a memorandum, dated 5 February 2000, subject: Awarding of the Armed Forces Expeditionary Medal (AFEM) * a document titled "Flight Manifest - Main Body 2," undated * Orders Number 104-02, issued by Headquarters, 3rd Squadron, 7th Cavalry Regiment on 14 April 2000 * a certificate of achievement, issued by Coalition Joint Task Force – Kuwait * two Defense Finance and Accounting Service (DFAS) Forms 702 (DFAS Military Leave and Earning Statements), dated from December 1999 to 15 January 2000 * a memorandum, dated 17 May 2000, subject: Letter of Continuity for [Applicant] * an extract of Orders Number 81-75, issued by Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, Georgia on 22 March 2001 * a North Atlantic Treaty Organization Medal Certificate, for service between March and September 2001 * a certificate of achievement, issued by Headquarters, 3rd Squadron, 7th Cavalry Regiment, for meritorious achievement from 10 March to 27 September 2001 * Permanent Orders Number 305-4, issued by Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, Georgia on 1 November 2002 * information related to the Afghanistan Campaign Medal and Iraq Campaign Medal, printed from the Awards and Decoration Branch, U.S. Army Human Resources Command (HRC) website * Permanent Orders Number 8-14, issued by Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, Georgia on 8 January 2003 * Department of the Army General Orders (DAGO) Number 2010-22, dated 24 November 2010 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 7 April 1999, held military occupational specialty 44B (Metal Worker), and attained the rank/grade of sergeant/E-5. 3. He provides a memorandum of assignment instructions, issued by Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, Georgia on 1 November 1999, which shows he was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 7th Cavalry Regiment, 3rd Infantry Division. 4. He provides a memorandum, issued by Headquarters, Task Force GarryOwen on 5 February 2000, which awarded him the Armed Forces Expeditionary Medal, and a document titled "Flight Manifest - Main Body 2." a. The memorandum was for members of Task Force GarryOwen and states, in accordance with Army Regulation 600-8-22 (Military Awards) and Military Personnel Message Number 00-12, the personnel listed on the attached manifest were awarded the Armed Forces Expeditionary Medal for participation in Operation Desert Spring. The memorandum further states the personnel on the attached manifest were bona fide members of Task Force GarryOwen, which was directly engaged in Operation Desert Spring, and each of these members engaged in Operation Desert Spring for at least 30 days consecutively in the country of Kuwait from 15 December 1999 to 20 April 2000. b. The attached manifest lists the applicants name, shows he was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 7th Cavalry Regiment and was part of "Main Body 2," and he arrived in Kuwait on 18 December 1999 and departed Kuwait on 20 April 2000. 5. His record contains Orders Number 81-75, issued by Headquarters, 3rd Infantry Division, Fort Stewart, Georgia on 22 March 2001. These orders show he was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 7th Cavalry Regiment, Fort Stewart, Georgia and was reassigned and/or deployed to Tuzla, Bosnia-Herzegovina in support of Task Force Eagle. His will proceed date was listed as on or around 5 April 2001. 6. He provides a certificate of achievement, issued by the 3rd Squadron, 7th Cavalry Regiment, for meritorious achievement from 10 March 2001 to 27 September 2001, while serving in support of Operation Joint Forge in Bosnia-Herzegovina. 7. He provides Permanent Orders Number 305-4, issued by Headquarters, 3rd Infantry Division, Fort Stewart, Georgia on 1 November 2002, with an attached roster that shows he and other members of his unit were identified as being scheduled to deploy to Kuwait on or about 21 November 2002. However, it appears these orders may have later been revoked. 8. Permanent Orders Number 8-14, issued by Headquarters, 3rd Infantry Division, Fort Stewart, Georgia on 8 January 2003, ordered Headquarters, 3rd Squadron, 7th Cavalry Regiment, and supporting elements to deploy to Kuwait on or around 20 January 2003 and return upon completion of the assigned mission. These orders also stated the countries of travel included but were not limited to: Saudi Arabia; Oman; Turkey; Qatar; UAE; Kenya; Jordan; Pakistan; Djibouti; Kuwait; Bahrain; Seychelles; Egypt; Eritrea; Yemen; Kazakhstan; Kyrgyz Stan; Tajikistan; Uzbekistan; Turkmenistan; Azerbaijan; Tasmania; Ethiopia; and Sudan. 9. He was honorably discharged from active duty on 31 October 2003. His DD Form 214 shows he completed 4 years, 6 months, and 24 days of net active service. His DD Form 214 also shows in: a. item 12f (Foreign Service), he completed 0000 years, 00 months, and 00 days of foreign service; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the following awards: * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal (3rd Award) * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * NATO Medal (Kosovo) * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars * Driver and Mechanic Badge c. Item 18 (Remarks), the entry "SOLDIER SERVED IN OPERATION ENDURING/IRAQI FREEDOM FROM 030125 TO 030803." However, Item 18 does not mention which country he served in during this period nor does it list his deployments to Kuwait in December 1999 or to Bosnia in March 2001. 10. His record contains a DA Form 2-1, dated 1 November 1999, which shows he deployed to Kuwait from 14 December 1999 to 19 April 2000. However, this form does not record his deployment to Bosnia-Herzegovina or Kuwait/Iraq. 11. The applicant's DD Form 214, located in the service folder of his OMPF, includes 14 associated documents, including the applicant's DA Form 2-1, separation orders, and various other separation documents including, but not limited to, his pre-separation checklist and other documents of this nature. These documents are part of the separation packet or are considered separation documents that are filed with the DD Form 214 to show they were considered in the preparation of the DD Form 214, and that the Soldier was properly counseled/processed for separation. 12. The applicant enlisted in the Ohio Army National Guard (OHARNG) on 12 November 2003. 13. He provides DAGO Number 2010-22, dated 24 November 2010. These orders cited 3rd Squadron, 7th Cavalry Regiment, 3rd Infantry Division for award of the Presidential Unit Citation for the period of 18 March to 1 May 2003. 14. His record contains a second DA Form 2-1, a certified true copy of the document on file with the OHARNG, dated 27 August 2013, which shows he was deployed to Iraq/Kuwait from 15 January 2003 to 5 August 2003. 15. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. a. Table 2–4 (Armed Forces Expeditionary Medal-designated U.S. military operations in direct support of the United Nations) states Operation Joint Forge (21 June 1998 to 23 March 1999) qualifies for award of the Armed Forces Expeditionary Medal. However, this award is only authorized for participants deployed in Bosnia-Herzegovina and Croatia, aboard naval vessels operating in the Adriatic Sea, and their respective airspace. Additionally, only one award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal is authorized for participation in or direct support of Operation Joint Forge. b. Table 2–5 (Armed Forces Expeditionary Medal - designated U.S. military operations of assistance to a friendly foreign nation) states Operation Desert Spring (31 December 1998 to 18 March 2003) qualifies for award of the Armed Forces Expeditionary Medal. However, Soldiers are only authorized one Armed Forces Expeditionary Medal for participation in the following Iraq operations: Operation Southern Watch; Maritime Intercept Operation, Operation Northern Watch; Desert Thunder; Desert Fox; and Operation Desert Spring. Subsequent award of the Armed Forces Expeditionary Medal is only authorized for individuals for nonconsecutive and nonconcurrent assignments in separate areas of eligibility for which the Armed Forces Expeditionary Medal has been approved. Additionally, Soldiers who deployed in support of Southwest Asia for Operation Southern Watch, Maritime Intercept Operation, Operation Northern Watch, and Operation Desert Spring between 11 September 2001 to 18 March 2003 may elect to receive either the Armed Forces Expeditionary Medal or the Global War on Terrorism Expeditionary Medal for their service but only one award is authorized for the same period of service. Finally, the area of eligibility includes the total land and airspace of Iraq, Saudi Arabia, Kuwait, Bahrain, Qatar, United Arab Emirates, Oman, Yemen, Egypt, and Jordan, and the waters and airspace above the Arabian Gulf (Persian Gulf) and the Gulf of Oman that lie west of the 62 degrees east longitude. 16. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) 17. Army Regulation 600-8-22 states 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. 18. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. The Global War on Terrorism Service Medal may be awarded posthumously. Only one award of the Global War on Terrorism Service Medal may be authorized to any individual; second and subsequent awards will not be awarded. . 19. Army Regulation 600-8-104 (Army Military Human Resource Records Management) states the naming convention Army Military Human Resource Record (AMHRR) is an umbrella term encompassing human resource (HR) records for Soldiers, retirees, veterans, and deceased personnel. The AMHRR includes, but is not limited to, the OMPF, finance related documents, and non-service related documents deemed necessary to store by the Army. The AMHRR is archived in the iPERMS, which has been identified as a Records Management Application for the Army. The OMPF is defined as permanent documentation within the AMHRR that documents facts related to a Soldier during the course of his or her entire Army career, from time of accession into the Army until final separation, discharge, or retirement. The purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, and any other personnel actions. This regulation also states: a. Several documents including but not limited to preseparation counseling and checklists documents are filed in the Service folder can be joined with other separation documents and filed. b. Active duty assignment orders or amendments to these orders are to be properly filed in the Service folder. 20. Army Regulation 600-8-104, chapter 5 (Updating Data Related To The Record Brief) states this chapter explains the documents required and the processes for updating specific data on the appropriate record brief [meaning the Enlisted Record Brief (ERB), which replaced the DA Form 2-1 and is now obsolete]. The brigade S1 personnel automation section chiefs, UAs, and MPDs will utilize personnel automation tools to correct personnel records. Paragraph 5–9 of this chapter specifically focuses on assignment information. Assignment history starts with the military entrance processing station information found on the current DD Form 4 and includes basic training, advanced individual training, and all permanent change of station assignments to the present. Official source documents include permanent change of station orders and awards, Noncommissioned Officer Evaluation Reports. Active duty time/assignments, troop program unit time, any period of time a Soldier is mobilized in a Title 10 status are recorded on the appropriate record brief [DA Form 2-1]. 21. Army Regulation 635-5 (Separation Documents), in effect at the time stated when completing the DD Form 214, use extreme care in completing item 12 (Record of Service) since post-service benefits, final pay, retirement credit, and so forth are based on this information. When making entries in: a. item 12f, using the ERB, enter the total amount of foreign service completed during the period covered in block 12c. b. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier’s records. Do not use abbreviations. c. item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant requested correction of his DA Form 2-1 to add two additional deployments. a. The DA Form 2-1 is a snapshot of a Soldier's personnel data as it was at the time the form was produced and it was used as an internal management tool to assist officials processing a Soldier's assignment/reassignment, promotions, and career progression. The DA Form 2-1 is no longer active or accessible after a Soldier's discharge. Additionally, the DA Form 2-1 is now an obsolete document. b. The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation, such as a Soldier's DD Form 214. Item 18 of the DD Form 214 is the appropriate place to make the applicant's requested correction. 2. The evidence of record shows the applicant was deployed on three separate occasions and he received the Armed Forces Expeditionary Medal on three separate occasions; however, his DD Form 214 does not list any foreign service in item 12f of his DD Form 214. a. His first deployment was to Kuwait from 15 December 1999 to 20 April 2000 (4 months and 6 days). While this deployment was not added to his DD Form 214, he was awarded the Armed Forces Expeditionary Medal during this timeframe for participation in Operation Desert Spring. b. His second deployment was to Tuzla, Bosnia-Herzegovina in support of Task Force Eagle/Operation Joint Forge from 10 March 2001 to 27 September 2001 (6 months and 18 days). While this deployment was not added to his DD Form 214, he appears to have been awarded the Armed Forces Expeditionary Medal for this period as well. However, the Armed Forces Expeditionary Medal for Operation Joint Forge was only authorized for deployment to this area from 21 June 1998 to 23 March 1999. His deployment fell outside the period of eligibility to receive the Armed Forces Expeditionary Medal for this Operation. Nevertheless, it is the ABCMR's policy not to disadvantage an applicant by removing awards erroneously placed on the DD Form 214 without their express request to do so. c. His third deployment was to Kuwait/Iraq from 25 January to 3 August 2003 (6 months and 9 days). It appears he was also awarded the Armed Forces Expeditionary Medal for this period of foreign service. Army Regulation 600-8-22 states that Southwest Asia for Operation Southern Watch, Maritime Intercept Operation, Operation Northern Watch, and Operation Desert Spring, from 11 September 2001 to 18 March 2003, may elect to receive either the Armed Forces Expeditionary Medal or the Global War on Terrorism Expeditionary Medal. It is unclear which of these operations he was directly supporting as his DD Form 214 simply states he was supporting Operation Iraqi Freedom. d. Additionally, this deployment is listed in item 18 of his DD Form 214; however, the entry only indicates the operation he supported during the period of the deployment. The country to which he deployed is not listed. 3. Upon request, the Iraq Campaign Medal may be awarded in lieu of either the Armed Forces Expeditionary Medal or the Global War on Terrorism Expeditionary Medal, provided either medal was authorized during the initial campaign and incursion of U.S. forces into Iraq prior to the initial authorization of the Iraq Campaign Medal. a. Presuming the applicant elected to receive the Global War on Terrorism Expeditionary Medal in lieu of the Armed Forces Expeditionary Medal, he could make a request to receive the Iraq Campaign medal in lieu of the Global War on Terrorism Expeditionary Medal for the period of his last deployment. b. The Global War on Terrorism Expeditionary Medal was authorized for service in Iraq between 19 March 2003 and 28 February 2005. The period of his last deployment to Kuwait/Iraq fell within this time frame. 4. The applicant appears to meet the regularity criteria for the Iraq Campaign Medal with two bronze service stars, in that he served in Kuwait/Iraq during a period of time authorized for this award, and during that period, he participated in the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004) campaigns. 5. The applicant served during a period of time authorized for award of the Global War on Terrorism Service Medal; however, this award is not listed on his DD Form 214. 6. General orders awarded his unit the Presidential Unit Citation for service during a period he was assigned to the unit. However, this unit award is not reflected on his DD Form 214. 7. The file titled "DD Form 214," located in the service folder of the applicant's OMPF, contains 15 pages. However, this folder contains his DD Form 214, his DA Form 2-1, separation orders, and various other separation documents including, but not limited to, his pre-separation checklist and other documents of this nature. These documents are a part of his separation packet and are considered separation documents; therefore, they are filed with the DD Form 214. These documents appear to have been appropriately filed together. 8. Army Regulation 600-8-104 allows for the filing of active duty assignment orders, not for memorandum of assignment instructions which further assign a Soldier to a unit once they have been assigned to a particular installation. The appropriate place to record his unit of assignment would have been on an ERB or in his case at the time the DA Form 2-1. 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 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. amending item 12f of his DD Form 214 to show he completed 1 year, 5 months, and 3 days of foreign service; b. amending item 13 of his DD Form 214 by deleting the entry "Armed Forces Expeditionary Medal (3rd Award)" and adding the following entries: * Armed Forces Expeditionary Medal (2nd Award) * Iraq Campaign medal with two bronze service stars * Global War on Terrorism Service Medal * Presidential Unit Citation c. amending item 18 of his DD Form 214 by adding the entries: * "Service in Kuwait from 19991215 - 20000420" * "Service in Bosnia Herzegovina from 20010310 - 20010927" * "Service in Kuwait/Iraq from 20030125 -20030803" 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 adding additional information to his DA Form 2-1, separating and refiling all of the documents in the separation documents file titled "DD Form 214" and those documents located in the service folder of his iPERMS, and filing his memorandum of assignment instructions on iPERMS. ___________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) AR20150005565 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005565 12 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1