IN THE CASE OF: BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150005799 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) to show in: * item 12h (Initial Entry Training) – his initial entry training period * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Overseas Service Ribbon * Army Good Conduct Medal * Global War on Terrorism Expeditionary Medal * Army Reserve Components Achievement Medal * Driver and Mechanic Badge with Driver-W Bar * item 14 (Military Education) – * Phase I Petroleum Supply Specialist, 2007 * Petroleum Supply Specialist, 2007 * Petroleum Vehicle Operator, 2008 * Warrior Leader Course, 2009 2. The applicant states: * his military education and awards were left off his DD Form 214 * his record of service does not include his initial entry training 3. The applicant provides: * four DA Forms 1059 (Service School Academic Evaluation Report) * DD Form 214 * DD Form 220 (Active Duty Report) * recommendation for Award of the Army Driver's Badge (properly known as the Driver and Mechanic Badge with Driver-W Bar), dated 13 February 2009 * Statement of Former Wartime Service, dated 28 June 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 New York Army National Guard on 28 March 2001 in the rank/grade of private/E-1 under the name M____ V____. 3. A DA Form 4187 (Personnel Action), dated 25 April 2001, shows he was advanced to the rank/grade of private first class/E-3 and awarded military occupational specialty (MOS) 13F (Fire Support Specialist) on the same date. 4. His DD Form 220, dated 22 August 2001, shows he entered active duty on 19 June 2001, he completed basic combat training, he departed from his duty station to home on 30 August 2001, and his active duty tour length was 73 days. 5. His records contain a birth certificate issued by the State of New Jersey on 19 November 2003 showing his name as M____ B____. This certified copy shows the birth record was filed with New Jersey Bureau of Vital Statistics Registrar on 4 April 1984. 6. On 10 August 2006, he was discharged from the Army National Guard under honorable conditions and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). His National Guard Bureau Form 22 (Report of Separation and Record of Service) for this period shows in: * item 10a (Net Service for this Period) – 5 years, 4 months, 14 days * item 10d (Total Service for Pay) – 5 years, 4 months, 14 days * item 12 (Military Education) – no entry * item 13 (Primary Specialty Number, Title, and Date Awarded) – 09B1O Trainee 7. On 8 December 2006, he was released from the U.S. Army Reserve Control Group (Reinforcement) and assigned to 3d Platoon, 716th Quartermaster Company. 8. He provided four DA Forms 1059 that show the MOS he held while completing the following training: * Phase I Petroleum Supply Specialist Course from 2 July 2007 through 14 July 2007 in MOS 13F * Petroleum Supply Specialist Course from 17 August 2007 through 30 August 2007 in MOS 13F * Petroleum Vehicle Operator Course from 19 April 2008 through 2 May 2008 in MOS 92F (Petroleum Supply Specialist) * Warrior Leader Course from 11 June through 26 June 2009 in MOS 92F 9. Headquarters, 90th Regional Readiness Command, Orders 08-137-0002, dated 16 May 2008, awarded him primary MOS 92F and withdrew MOS 09B effective 16 May 2008. 10. On 17 October 2009, he was ordered to active duty in support of Operation Iraqi Freedom. His records are void of and he failed to provide copies of these orders. 11. He provided a memorandum for record from the Commander, 716th Quartermaster Company (Petroleum) (Supply), Joint Base Balad, Iraq, dated 28 June 2010, subject: Statement of Former Wartime Service, stating he was authorized the following: * one overseas service bar for service in the U.S. Central Command area of operations during the period June 2008-November 2008 * Iraq Campaign Medal with one bronze service star (National Resolution Campaign) * Global War on Terrorism Service Medal * Overseas Service Ribbon for serving in the U.S. Central Command area of operations for a minimum of 9 months * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device 12. On 12 September 2010, he was honorably released from active duty. His DD Form 214 for this period shows in: * item 11 (Primary Specialty) – 92F2O H7 Petroleum Supply Specialist, 11 months * item 12c (Net Active Service This Period) – 10 months and 26 days * item 12d (Total Prior Active Service) – 2 months and 6 days * item 12e (Total Prior Inactive Service) – 8 years, 4 months, 13 days * item 12f (Foreign Service) – 8 months and 13 days * item12h – no service * item 13 – * Army Commendation Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with campaign star (one bronze service star) * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Armed Forces Reserve Medal with "M" Device * item 14 – None * item 18 (Remarks) – ITEM 12D DOES NOT ACCOUNT FOR ANNUAL AND/OR WEEKEND TRAINING THIS SOLDIER MAY HAVE ACCOMPLISHED PRIOR TO DATE ENTERED IN ITEM 12A 13. Headquarters, 99th Regional Support Command, Orders 11-032-00032, dated 1 February 2011, awarded him primary MOS 92F2OH7OO and withdrew primary MOS 92F2O00OO effective 2 May 2008. 14. On 22 March 2011, he was voluntarily transferred to the U.S. Army Reserve Control Group (Reinforcement). 15. On 30 March 2011, he was released from the U.S. Army Reserve Control Group (Reinforcement) and assigned to 3d Platoon (Petroleum), 716th Quartermaster Company. 16. On 14 April 2014, he reenlisted in the U.S. Army Reserve for a period of 6 years in the rank/grade of staff sergeant/E-6. 17. On 1 January 2015, he was promoted to the rank/grade of sergeant first class/E-7 and awarded primary MOS 92F4O00OO. 18. His records are void of and he failed to provide orders showing he was awarded or authorized the Driver and Mechanic Badge with Driver-W Bar. 19. The version of the DD Form 214 he was issued for the period ending 12 September 2010 was revised in August 2009 and included block 12h which required the entry of the total service time required to complete basic training, advanced individual training, or one-station unit training, if that training occurred during the period of service covered in block 12c. When a Soldier did not complete one of these three training events during the period covered by the DD Form 214, the entry "00  00  00" was entered in block 12c. 20. Army Regulation 614-30 (Overseas Service) provides guidance for overseas tour credit. Table 3-2, rules 6 and 8, state 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 within a 24-month period receive 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. 21. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal. Under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service. b.  The Army Reserve Components Achievement Medal is authorized for award to Army personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or U.S. Army Reserve troop program unit or as an individual mobilization augmentee. Beginning 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years. This change is not retroactive. Such years of qualifying service must have been consecutive. c.  Reserve Component Soldiers mobilized to active duty under Title 10, U.S. Code, are performing "active Federal military service" and are eligible for award of the Army Good Conduct Medal. The qualifying period of service must be continuous enlisted active Federal service. The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal ends the first day the mobilized Reserve Component Soldier is serving on active duty. The period of service for the Army Good Conduct Medal ends the last day the mobilized Reserve Component Soldier is serving on active duty. The period of service for the Army Reserve Components Achievement Medal begins the day after the Reserve Component Soldier is released from active duty. d.  The eligibility requirements for the Driver and Mechanic Badge with Driver-W Bar require that a Soldier must: (1)  qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing)); (2)  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/or (3)  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. 22. Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for eligibility for award of the Army Reserve Components Achievement Medal. This directive states that when a qualifying period of troop program unit service is broken by mobilization, the period of service prior to mobilization will be added to the period following mobilization for award eligibility. Qualifying time for award of the Army Reserve Components Achievement Medal will not be lost and will continue to count toward award of the Army Reserve Components Achievement Medal once personnel are no longer activated/mobilized. The period of service used to award the Army Good Conduct Medal cannot be used toward award of the Army Reserve Components Achievement Medal. However, periods of active duty that do not meet the eligibility requirements for award of the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal. Enlisted Soldiers who are ordered to active duty or mobilized in support of ongoing operations from the Army National Guard, U.S. Army Reserve troop program unit, or as a U.S. Army Reserve Individual Mobilization Augmentee for 365 days or more (not for training) will be awarded the Army Reserve Components Achievement Medal if they have completed 2 of the 3 years of qualifying service prior to mobilization. Soldiers with less than 2 years of qualifying service will not be awarded the Army Reserve Components Achievement Medal. These changes are retroactive to 11 September 2001. 23. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. The overseas service bar is not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration. 24. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The instructions stated: (1)  a DD Form 214 would be issued to Reserve Component Soldiers completing initial active duty for training that resulted in the award of a MOS even when the active duty period was less than 90 days. This included completion of advanced individual training under the Army National Guard Alternate Training Program or U.S. Army Reserve Split Training Program; (2)  for item 13, enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service; and (3)  for item 14, list formal in-service (full-time attendance) training courses by title, number of weeks, and month and year successfully completed during the period covered by the DD Form 214 (e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations). Command and General Staff College and Senior Service Colleges, Senior Warrant Officer Course, and Sergeant Major Academy Non-resident Course could be included when successfully completed by correspondence. This information was to assist the member after separation in job placement and counseling and prohibited listing training courses for combat skills. d.  Paragraph 2-9 stated to prepare a DD Form 220 for enlisted Soldiers when the basic training portion was completed under the U.S. Army Reserve Split Training Program or Army National Guard Alternate Training Program. 25. Army Regulation 635-8 (Separation Processing and Documents) superseded Army Regulation 635-5 effective 10 March 2014. The instructions for item 12h currently state to enter the total amount of service time required to complete basic training, advanced individual training, or one-station unit training, if that training occurred during the period of service covered in item 12c. When a Soldier did not complete one of these three training events during the current period of active duty, enter "0000  00  00." DISCUSSION AND CONCLUSIONS: 1. Although the applicant completed the Phase I Petroleum Supply Specialist, Petroleum Supply Specialist, Petroleum Vehicle Operator, and Warrior Leader Courses, these courses were completed prior to the period covered by his DD Form 214. The governing regulation stated to enter only training courses completed during the period covered by the DD Form 214. 2. Records show he served in Iraq for a period of 8 months and 13 days instead of 9 months. Overseas short tour credit is given to 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 within a 24-month period. He did not complete the minimum cumulative or continuous months for award of the Overseas Service Ribbon. 3. His DD Form 214 shows he was awarded the Iraq Campaign Medal with one bronze service star. The governing regulation states under no condition will personnel or units receive the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal for the same action, time period, or service. 4. Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the Army Reserve Components Achievement Medal if they complete 2 of the 3 years of qualifying service requirement prior to mobilization. Although he completed 2 of the 3 years of qualifying service prior to his mobilization, his DD Form 214 shows he was only mobilized for a period of 10 months and 29 days. His records are void of and he failed to provide evidence he was ordered to active duty for a period of 365 days or more. There is insufficient evidence to grant the requested relief. 5. Although he provided a recommendation for award of the Driver and Mechanic Badge with Driver-W Bar, his records are void of and he failed to provide orders showing he was in fact awarded the Driver and Mechanic Badge with Driver-W Bar. Further, his records are void of evidence showing he met the requirements for award of the Driver and Mechanic Badge with Driver-W Bar. 6. Although he was authorized a DD Form 214 for his advanced individual training that resulted in the award of his MOS, his records are void of and he failed to provide evidence showing when he completed advanced individual training. Orders show he was awarded MOS 13F on 25 April 2001 and he was subsequently awarded MOS 92F on 2 May 2008. 7. His DD Form 220, dated 22 August 2001, properly shows his basic combat training of 73 days from 19 June 2001 through 30 August 2001. Further, he did not complete any initial training during the period covered on the DD Form 214. His records are void of and he failed to provide evidence of additional initial entry training. 8. In view of the foregoing, there is an insufficient evidentiary basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20150005799 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005799 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1