BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010531 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 BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010531 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: * deleting from item 12f of his DD Form 214 ending on 9 April 2011 the entry ?000-07-18? and adding the entry ?000-09-00? * adding to item 13 of his DD Form 214 the Kosovo Campaign Medal with one bronze service star and Overseas Service Ribbon * deleting from item 18 the entry ?Service in Kosovo 20100705-20110222? and adding the entry ?Service in Kosovo 20100705-20110403? 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: * placing him back on active duty so that he can serve overseas with European Command * allowing him to claim reduced retirement age benefits prior to age 60 * compensating him for active duty pay and benefits for the deployment days __________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. BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150010531 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 the Board, in effect, correct his military records as follows: a. return him to active duty so that he can serve overseas with the European Command (EUCOM) because his deployment to Kosovo was curtailed; b. award him the Overseas Service Ribbon and the Kosovo Campaign Medal for service in Kosovo; and c. award him active duty points so he can claim early retirement benefits prior to age 60. 2. In the alternative, if the Board does not have the authority and/or jurisdiction to place him back on active duty to complete his entire deployment period, he requests active duty pay and benefits compensation for the deployment days he missed due to the retaliatory actions taken by his commander and the command chaplain who curtailed his overseas deployment tour. 3. The applicant states during the period from 5 July 2010 to 22 February 2011 he suffered retaliatory actions. a. The Department of the Army, Office of the Inspector General (DAIG), officially informed him on 11 May 2015 that two of his three allegations were substantiated. He filed his complaint in February 2011 and it took over 4 years for the DAIG to complete its investigation. He does not feel justice has been served. b. The injustice occurred when his commander and the command chaplain terminated him from his assigned duties as the Deputy Command Chaplain and returned him to the continental United States prior to the unit?s scheduled redeployment date. This action demoralized him, caused him great stress, and deprived him of his full deployment active duty pay and benefits. Based on his early return to the continental United States, he cannot claim early Reserve retirement benefits, nor was he awarded the Overseas Service Ribbon and the Kosovo Campaign Medal. Though he had memorandums authorizing the Overseas Service Ribbon and the Kosovo Campaign Medal, a government official at Fort Dix, NJ, informed him he was not entitled to the two awards because he did not meet the regulatory requirements. 4. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * memorandum awarding him the Overseas Service Ribbon * memorandum awarding him the Kosovo Campaign Medal * certified mail receipt * letter from the DAIG CONSIDERATION OF EVIDENCE: 1. The applicant was born in April 1966. He served as an enlisted Soldier in the Connecticut Army National Guard from 21 August 1984 to 20 August 1992. He completed a Master of Divinity degree on 28 May 2005. 2. He was appointed as a Reserve commissioned officer and executed an oath of office on 16 November 2006. He transferred to the Puerto Rico Army National Guard (PRARNG) on 19 April 2007. 3. He completed the Chaplain Basic Officer Leader Course in September 2008. He was promoted to captain on 18 March 2010. 4. On 12 March 2010, PRARNG published Orders 071-003 ordering him to active duty for a period not to exceed 400 days for a contingency deployment to Kosovo in support of Operation Enduring Freedom. He was ordered to report to Camp Atterbury, IN, on or about 20 April 2010. 5. He entered active duty on 17 April 2010. He was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 296th Infantry, as the battalion chaplain. 6. On 7 June 2010, Headquarters, Camp Atterbury, IN, published Deployment Orders CA-158-0154 deploying him in a temporary change of station (TCS) status to Kosovo for a period not to exceed 347 days beginning on 9 June 2010 (amended to 5 July 2010). 7. Beginning on 5 July 2010, he served in Kosovo as the Deputy Command Chaplain for the Multi-National Battle Group-East (MNBG-E), KFOR-13, Task Force Falcon (92nd Maneuver Enhancement Brigade (MEB)) at Camp Bondsteel, Kosovo. He was released from theater early and returned to Fort Dix, NJ, on or about 22 February 2011. 8. On 17 March 2011, Headquarters, Army Support Activity, Fort Dix, NJ, published orders honorably releasing him from active duty effective 9 April 2011 based on completion of required service. 9. The majority of his battalion, including the ministry team and command group, redeployed to Fort Dix, NJ, on or around 3 April 2011. 10. He was honorably released from active duty on 9 April 2011. His DD Form 214 shows in: * Item 12a (Date Entered Active Duty This Period) – 17 April 2010 * Item 12b (Separation date This Period) – 9 April 2011 * Item 12c (Net Active Service This Period) – 11 months and 23 days * Item 12f (Foreign Service) – 7 months and 18 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Reserve Components Achievement Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon * Armed Forces Reserve Medal with ?M? Device * North Atlantic Treaty Organization (NATO) Medal * Item 18 (Remarks) – ?Service in Kosovo 20100705-20110222? 11. On 20 April 2011, PRARNG published Orders 110-500 transferring him from the 1st Battalion, 296th Infantry Regiment to HHC, 190th Engineer Battalion, effective 9 April 2011, based on his personal request. 12. On 17 December 2012, he voluntarily transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His record does not contain a notification letter showing he is eligible for Reserve retirement at age 60 based on completing 20 years of qualifying service for non-regular retirement. 13. On 29 April 2015, the DAIG notified him that the U.S. Army Inspector General Agency had completed its Report of Investigation (ROI) into his reprisal allegations conducted under Title 10, U.S. Code (USC), Section 1034, "Military Whistleblower Protection Act," and Department of Defense Directive (DODD) Number 6490.1, "Mental Health Evaluations of Members of the Armed Forces" as implemented by DODD 7050.06, Military Whistleblower Protection. Specifically, the findings were as follows: a. That his former Commander, MNBG-E, KFOR 13, Task Force Falcon, (92nd MEB) approved his early release from active duty in reprisal for making a protected communication, in violation of Title 10 USC 1034 and DODD 7050.06, Military Whistleblower Protection, was substantiated. b. That his former Commander, HHC, MNBG-E, KFOR 13, Task Force Falcon, (92nd MEB) initiated his early release from active duty in reprisal for making a protected communication, in violation of Title 10 USC 1034 and DODD 7050.06, Military Whistleblower Protection, was not substantiated. c. That his former Command Chaplain, MNBG­E, KFOR 13, Task Force Falcon, (92nd MEB) initiated his early release from active duty in reprisal for making a protected communication, in violation of Title 10 USC 1034 and DODD 7050.06, Military Whistleblower Protection, was substantiated. d. The DODIG conducted a thorough review of his inquiry and agreed with its conclusions. Accordingly, DODIG closed his case from further consideration under Title 10 USC 1034, Whistleblower Protection Act. e. As his claim of reprisal under 10 USC 1034 was substantiated by the DODIG, he was informed he could petition the Army Board for Correction of Military Records (ABCMR) if he believed an error or injustice existed in his Army record. 14. He provides two memoranda issued by Headquarters, MNBG-E, KFOR-13, Task Force Falcon (92nd MEB), Camp Bondsteel, awarding him the Overseas Service Ribbon and Kosovo Campaign Medal. REFERENCES: 1. DOD Directive 7050.06 (Military Whistleblower Protection), 23 July 2007, states in paragraph 4 that members of the Armed Forces shall be free from reprisal for making or preparing to make a protected communication. No person may take or threaten to take an unfavorable personnel action or withhold or threaten to withhold a favorable personnel action, in reprisal for making or preparing to make a protected communication. No person shall restrict a member of the Armed Forces from making lawful communications to a Member of Congress or an IG. 2. Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier. Overseas tour credit is authorized for Soldiers who deploy to the Central Command area of operations if they serve 9 months in a continuous TCS status in areas where the unaccompanied tour length is up to 18 months, or if they serve in an isolated area where tour lengths have yet to be established. 3. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours. 4. Army Regulation 600-8-22 states the Kosovo Campaign Medal is awarded to Soldiers who participated in direct support of Kosovo operations to include Task Force Falcon. Bronze service stars are worn with this decoration to indicating participation in a named campaign. The Kosovo Defense Campaign began on 11 June 1999 and ended on 31 December 2013. 5. Army Regulation 135-180 (Qualifying Service for Retired Pay Non-regular Service) states, in pertinent part, to be eligible for retired pay an individual must have attained age 60 and completed a minimum of 20 years of qualifying service as a Reserve Component soldier. A Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service for retired pay at age 60. 6. The National Defense Authorization Act for Fiscal Year 2008 enacted the reduced retirement age for Reserve Component Soldiers based on their active duty service after 29 January 2008. Active duty service is defined by law. DISCUSSION: 1. The applicant entered active duty on 17 April 2010 and deployed to Kosovo with his unit on 5 July 2010. Government officials released him early from his overseas deployment due to reprisal by his chain of command. The DAIG substantiated that: a. his former commander approved his early release from active duty in reprisal for making a protected communication; and b. his former command chaplain initiated his early release from active duty in reprisal for making a protected communication. 2. Had he not been reprised against, he would have completed his overseas deployment through 3 April 2011 and returned with his unit. As a result of his substantiated claim, it would be appropriate to correct his DD Form 214 to show he served in Kosovo through 3 April 2011 instead of 22 February 2011, amend his foreign service period to show 9 months, and award him the Kosovo Campaign Medal with one bronze service star and the Overseas Service Ribbon based on his corrected overseas tour length to 9 months in Kosovo. 3. The ABCMR corrects records. The Board does not have jurisdiction to make or recommend assignment instructions such as assigning the applicant to EUCOM. By adjusting his deployment dates on his DD Form 214, it satisfies his desire to show he completed his overseas deployment tour in support of Task Force Falcon and thus awarding him the appropriate medals and ribbons for his deployed service. 4. When he redeployed from Kosovo on 22 February 2011, he remained on active duty and received active duty pay through 9 April 2011. As he was not extended beyond his active duty tour completion date, there is no basis for paying him additional pay and benefits associated with his mobilization. As there is no notification letter authorizing him Reserve retired pay at age 60 (20-year letter), he is not eligible for reduced age Reserve retirement at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010531 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010531 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2