IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009185 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: 26 April 2016 DOCKET NUMBER: AR20150009185 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. awarding him the Army Good Conduct Medal (AGCM) (2nd Award) for the period 26 September 2000 to 25 September 2003; b. replacing the current entry in block 12f of his DD Form 214 with the entry "0001 07 19"; c. adding to item 13 of his DD Form 214 – * Army Commendation Medal (ARCOM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Armed Forces Expeditionary Medal (AFEM) * AGCM (2nd Award) * North Atlantic Treaty Organization (NATO) Medal with one bronze service star * Iraq Campaign Medal (ICM) with two bronze service stars * Driver and Mechanic Badge with "W" Bar d. adding to block 18 of his DD Form 214 the entry "SERVICE IN BOSNIA FROM 1 November 1998 to 31 January 1999"; "SERVICE IN BOSNIA FROM 15 February 2000 to 11 September 2000"; "SERVICE IN SAUDI ARABIA FROM 1 September 2001 to 20 March 2002" and "SERVICE IN KUWAIT/IRAQ FROM 9 April 2003 to 12 July 2003." 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 ARCOM (2nd Award), Army Achievement Medal (4th Award), and the Joint Service Achievement Medal (JSAM). ____________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: 26 April 2016 DOCKET NUMBER: AR20150009185 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service and the following awards: * Army Good Conduct Medal (AGCM) * Army Commendation Medal (ARCOM) (2nd Award) * Army Achievement Medal (AAM) (4th Award) * Iraq Campaign Medal (ICM) * North Atlantic Treaty Organization (NATO) Medal * Joint Service Achievement Medal (JSAM) 2. The applicant states his DD Form 214 should show 29 months of foreign service. He served in Iraq from February to August 2003, in Hungary from September 1998 to March 1999, and in Saudi Arabia from September 2001 to March 2002. 3. The applicant provides: * DD Form 214 * orders * Expeditionary Medal Certificate * two DA Forms 638 (Recommendation for Award) * AAM Certificate * ARCOM Certificate * copy of DA Form 2-1 (Personnel Qualification Record) * two NATO Certificates * DD Form 2648 (Pre-separation Counseling Checklist) 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 26 September 1997. He was awarded military occupational specialty 95B (Military Police (MP)). 3. A DA Form 638, dated 15 January 1999, shows he was recommended for and awarded the AAM for the period 20 September 1998 to 20 March 1990 for outstanding meritorious achievement while assigned as A-Team Gunner at Taszar, Hungary, in support of Operation Joint Forge. 4. Permanent Orders Number 188-01, issued by Headquarters, 759th Military Police Battalion, Fort Carson, CO, dated 7 July 1999, show he was awarded the Driver and Mechanic Badge with Driver-"W" (Wheeled Vehicles) Bar for the period February 1998 to June 1999. 5. He provides a NATO Medal Certificate showing he was awarded the NATO Medal for service with NATO for operations in Yugoslavia during the period 21 September 1998 to 23 March 1999. 6. He provides a NATO Medal Certificate showing he was awarded the NATO Medal for service with NATO for operations in relation to Operation Joint Forge during the period 15 February 2000 to 11 September 2000. 7. A DA Form 638, dated 10 July 2000, shows he was recommended for and awarded the AAM for the period 15 February 2000 to 15 September 2000 for meritorious achievement while assigned as a gunner in direct support of the MP platoon assigned to 2nd Squadron, 3rd Armored Cavalry Regiment. 8. Permanent Orders 333-37, issued by B Detachment, 4th Personnel Services Battalion, Fort Carson, CO, awarded him the AGCM (1st Award) for the period 26 September 1997 to 25 September 2000. 9. An Armed Forces Expeditionary (AFEM) Certificate, dated 8 March 2002, shows he was awarded the AFEM for service in Southwest Asia. 10. A DA Form 638, dated 15 October 2003, shows he was recommended for and awarded the ARCOM for meritorious service as an MP for the period 25 September 1997 to 25 September 2003. Achievement number 1 on this form indicates he was deployed to Iraq in support of Operation Iraqi Freedom. 11. He was honorably released from active duty on 25 September 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: a. item 12f (Foreign Service), the entry "0000 00 00" indicating he did not complete any foreign service. b. item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized: * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Rifle Bar c. item 18 (Remarks), no entry indicating any deployments 12. A review of the applicant’s Official Military Personnel File (OMPF) failed to reveal any evidence of disciplinary action or indication that the commander had denied him award of the AGCM (2nd Award). 13. There are no orders or evidence in his military personnel record that show he was awarded or recommended for the AAM (3rd or 4th Award), ARCOM (2nd Award), or the JSAM. 14. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger (HF/IDP) and combat zone tax exclusion (CZTE) during the following periods: * 1 November 1998 to 31 January 1999, for service in Bosnia (2 months and 30 days) * 15 February 2000 to 11 September 2000, for service in Bosnia (6 months and 27 days) * 1 September 2001 to 20 March 2002, for service in Saudi Arabia (5 months and 19 days) * 9 April 2003 to 12 July 2003, for service in Kuwait (3 months and 3 days) REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD form 214. b. block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. c. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 2. Army Regulation 600-8-22 (Military Awards) states: a. 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, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The NATO Medal is awarded by the Secretary-General of NATO to members of the Armed Forces of the United States who participate in designated NATO operations. The Secretary of Defense approved acceptance of the NATO Medal for U.S. military personnel who served in the International Security Assistance Force (ISAF) in Afghanistan (1 June 2003 to a date to be determined). To recognize subsequent awards for service in a different NATO operation, a bronze star will be affixed to the NATO Medal suspension ribbon and service ribbon. c. The AAM is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. The JSAM is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. e. The AGCM 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified. f. The AFEM is authorized for participants in military operations within a specific geographic area during a specified time period. 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. The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved. g. The ICM is awarded to members who have 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 ICM 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. He participated in the following campaigns: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) h. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. i. The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty 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. 3. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE. 4. MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, FY98, November 1997, to allow award of either the AFEM or the AFSM to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined. Award of the AFEM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic Sea, and their respective air space. Award of the AFSM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary; and their respective air space. Unlike the AFEM and AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the AFEM and the AFSM for participation or direct support of Operation Joint Forge, under any circumstance. DISCUSSION: 1. The applicant request that his DD Form 214 show award the ARCOM (2nd Award), AAM (4th Award), and JSAM is acknowledged; however, there is no official documentation showing he was recommended for or awarded these awards. 2. DFAS confirmed he received hostile fire/imminent danger (HF/IDP) and (CZTE) during the following periods: * 1 November 1998 to 31 January 1999, for service in Bosnia (2 months and 30 days) * 15 February 2000 to 11 September 2000, for service in Bosnia (6 months and 27 days) * 1 September 2001 to 20 March 2002, for service in Saudi Arabia (6 months and 19 days) * 9 April 2003 to 12 July 2003, for service in Kuwait (3 months and 3 days) 3. A DA Form 638, dated 15 October 2003, indicates he was deployed to Iraq in support of Operation Iraqi Freedom; however, DFAS records indicate he was deployed to Kuwait from 9 April 2003 to 12 July 2003. At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country. 4. His foreign service is not listed on his DD Form 214. 5. He was awarded the ARCOM and the AAM (2nd Award); however, these awards are not listed on his DD Form 214. 6. Based on his service in Iraq, he is eligible for award of ICM. He participated in two campaigns. This award is not listed on his DD Form 214. 7. He served on active duty from 26 September 1997 through 25 September 2003. He served a qualifying period for award of the GWOTSM. This award is not shown on his DD Form 214. 8. He served a qualifying period in Saudi Arabia, as evident by his AFEM Certificate and records from DFAS. The AFEM is not listed on his DD Form 214. 9. His service in Bosnia in support of Operation Joint Forge qualifies him for the GWOTEM. This award is not listed on his DD Form 214. 10. The evidence shows he was awarded the AGCM for the period 26 September 1997 to 25 September 2000. He also served an additional 3-year period from 26 September 2000 to 25 September 2003. Because there is no evidence of any disciplinary action taken against him, no evidence showing the commander denied him a second AGCM, and the fact that he served his entire period of required active duty service, it must be presumed that his not receiving a second AGCM was an administrative oversight. The AGCM (2nd Award) is not listed on his DD Form 214. 11. The NATO Medal Certificates he provides confirms he received the NATO Medal (2nd Award) for operations in Yugoslavia during the period 21 September 1998 to 23 March 1999 and for service with NATO for operations in relation to Operation Joint Forge during the period 15 February 2000 to 11 September 2000. This medal is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009185 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009185 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2