BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150013844 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: 31 January 2017 DOCKET NUMBER: AR20150013844 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 the period 6 September 1996 through 5 September 1999; b. adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Armed Forces Expeditionary Medal, Army Achievement Medal, Army Commendation Medal, and Overseas Service Ribbon; and c. adding to item 18 (Remarks) of his DD Form 214 the statement "SERVICE IN KUWAIT FROM 19970919 - 19971216." 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 any relief in excess of that described above. _____________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: 31 January 2017 DOCKET NUMBER: AR20150013844 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 the: * Armed Forces Expeditionary Medal * Army Achievement Medal (2nd Award) * Army Commendation Medal * Overseas Service Ribbon * 12th Infantry Regiment Crest known as Distinctive Unit Insignia * Valorous Unit Citation known as the Valorous Unit Award * Distinguished Unit Citation known as the Presidential Unit Citation with 2 oak leaf clusters (3rd Award) * Expert Marksmanship Qualification Badge * Belgian Fourragere * Infantry Blue Cord (known as the Shoulder Cord) * Individual Infantry Training Course 045-96 * 85 hour Bradley Fighting Vehicle Infantryman Course (11M1O One Station Unit Training (OSUT)) Class 06-97 2. The applicant states, in effect, he was unaware his records were incomplete. This resulted in him losing his Veterans’ preference for his Federal civil service employment. 3. The applicant provides: * Letter, dated 10 August 2015 * Diploma, dated 12 December 1996 * DA Form 87 (Certificate of Training), undated * DA Form 2062 (Hand Receipt/Annex Number), illegible date * Memorandum, dated 1 December 1997 * Certificate of Achievement, undated * DA Form 3595-R (Record Fire Scorecard), dated 8 April 1998 * Orders 124-711, dated 4 May 1998 * Permanent Order Number 149-01, dated 29 May 1998 * Permanent Order Number 180-05, dated 29 June 1999 * Data Verification for Personnel Actions, undated * DD Form 214 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 6 September 1996. Evidence shows he completed OSUT and he was awarded military occupational specialty 11M (Fighting Vehicle Infantryman). 3. The applicant provided a U.S. Army Infantry Training Brigade diploma and an undated DA Form 87, which shows he successfully completed the Bradley Fighting Vehicle Infantryman Course. 4. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 18 August 1998 to 17 August 1999. Item 17 (Civilian Education and Military Schools) shows he successfully completed the 13-week Infantryman and 2-week Bradley Fighting Vehicle Infantryman courses at the U.S. Army Infantry Training Brigade in 1996. 5. He provided a DA Form 2062, which shows he signed a hand receipt indicating his unit issued him 3 Unit Crests, 1 Valorous Unit Citation, 1 Distinguished Unit Citation, 2 oak leaf clusters, and 1 Belgian Fourragere. 6. He provided a memorandum, issued by the Commander, U.S. Army Central Command-Kuwait, on 1 December 1997, which approved award of the Armed Forces Expeditionary Medal to the applicant for his participation in support of Operation Southern Watch. 7. He provided DA Form 3595-R, dated 8 April 1998, showing he qualified as an expert with a weapon. The form does not indicate what weapon was used for qualification. 8. Orders Number 124-711, published by the 4th Personnel Services Battalion, Fort Carson, CO, on 4 May 1998, directed his permanent change of station to Korea, with a report date of no later than 20 August 1998. 9. Permanent Order Number 149-01, published by Headquarters and Headquarters Company, 1st Battalion, 12th Infantry Regiment, on 1 June 1998, awarded him the Army Achievement Medal for meritorious service while assigned to Company C, 1st Battalion, 12th Infantry Regiment. His official military personnel file (OMPF) does not contain a recommendation or order for an additional Army Achievement Medal. 10. Permanent Order Number 180-05, published by Headquarters, 1st Brigade, 2nd Infantry Division, on 29 June 1999, awarded him the Army Commendation Medal. 11. He provided an undated document entitled "Data Verification for Personnel Actions" which shows a weapon qualification date of February 1999 and a score of 38. The document does not indicate what weapon was used for qualification. 12. His records do not contain official orders awarding him the Army Good Conduct Medal nor do they contain any reference of disqualification for award of the Army Good Conduct Medal. 13. The applicant was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 26 January 2000, after completing 3 years, 4 month, and 21 days of active service. Item 12f (Foreign Service) contains the entry "0001  11  21." Item 18 (Remarks) does not indicate that he deployed overseas. He was awarded or authorized the: * Army Lapel Button * Army Service Ribbon 14. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account, which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 19 September to 16 December 1997 (a period of 2 months and 28 days). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. b. The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a non-combat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more. At the time of his service, tour length for an unaccompanied tour of Korea was 12 months. d. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area 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. e. Table 2-4 lists operations for which the Armed Forces Expeditionary Medal is authorized. The Armed Forces Expeditionary Medal was authorized for service in Southwest Asia, Operation Southern Watch from 1 December 1995 to 18 March 2003. f. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. (Examples: Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.) Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. g. The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. h. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. i. The Belgian Fourragere may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army. The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government. Persons who were present in only one action are not authorized to wear the fourragere. 2. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms, and the occasions for wearing all personal (clothing bag issue), optional, and commonly worn organizational clothing and individual equipment uniforms. In pertinent part, it prescribes the uniforms, awards, insignia, and accouterments authorized for wear. a. Distinctive Unit Insignia of a design approved by the Institute of Heraldry, Department of the Army, are authorized and prescribed for wear on service uniforms of personnel in the echelons outlined in Army Regulation 670-1. A complete set of Distinctive Unit Insignia consists of three pieces. Enlisted personnel wear the insignia on the service uniform coat, the black pullover cardigan, and the beret. There are no provisions for entering Distinctive Unit Insignia on the DD Form 214. b. The Shoulder Cord is a distinctive item authorized for infantry personnel. The Shoulder Cord is infantry blue, and it is formed by a series of interlocking square knots around a center cord. The Commanding General, U.S. Army Infantry Center authorizes the award of the Shoulder Cord to infantrymen who have successfully completed the appropriate training. Since the Shoulder Cord is not considered a permanent award, it should not be worn by Soldiers in an official Department of the Army photo. There are no provisions for entering the Shoulder Cord on the DD Form 214. 3. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states a unit award is an award made to an operating unit, which is worn by members of that unit who participated in the cited action (permanent unit award). Other personnel serving in the cited unit, but who were not assigned to the unit during the action, may be authorized temporary wear of the award (temporary unit award). 4. Army Regulation 635-5 (Personnel Separations), in effect at the time, established standardized procedures for preparation and distribution of the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. The regulation stated, in pertinent part: a. Enter in item 14 of the DD Form 214 the formal in service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed, e. g., medical, dental, electronics, supply, administrative, personnel or heavy equipment. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. b. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)." DISCUSSION: 1. The applicant contends that his military record should be corrected to show the: * Armed Forces Expeditionary Medal * Army Achievement Medal (2nd Award) * Army Commendation Medal * Overseas Service Ribbon * 12th Infantry Regiment Crest known as Distinctive Unit Insignia * Valorous Unit Citation known as the Valorous Unit Award * Distinguished Unit Citation known as the Presidential Unit Citation with 2 oak leaf clusters * Expert Marksmanship Qualification Badge * Belgian Fourragere * Infantry Blue Cord known as Shoulder Cord * Individual Infantry Training Course 045-96 * 85-hour Bradley Fighting Vehicle Infantryman Course 2. The evidence of record shows the applicant completed a qualifying period of service for his participation in Operation Southern Watch to award the Armed Forces Expeditionary Medal. 3. Permanent orders awarded him the Army Achievement Medal and the Army Commendation Medal. However, there is no evidence in his OMPF to substantiate award of a second Army Achievement Medal. 4. The evidence of record shows the applicant successfully completed a 12 month tour in Korea, which qualifies him for the Overseas Service Ribbon. 5. The evidence of record confirms he served honorably during the period 6 September 1996 through 5 September 1999. His record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 6. The evidence does not show what weapon the applicant may have used to meet the criteria for award of the Expert Marksmanship Qualification Badge. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified on a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. The incomplete information available does not support a correction of the record at this time. 7. The evidence of record shows he served with Company C, 1st Battalion, 12th Infantry Regiment. However, there is no showing this unit was cited for award of a Valorous Unit Award, Presidential Unit Citation, or Belgian Fourragere at any time during his period of service in the unit. As such, the unit awards issued on the hand receipt were for temporary wear only. 8. With regard to the Distinctive Unit Insignia and Shoulder Cord, there is no provision in the applicable regulation for entering either on the DD Form 214. 9. DFAS records indicate the applicant was deployed to Kuwait from 19 September to 16 December 1997. This deployment was not recorded on his DD Form 214. 10. The regulation in effect at the time allowed for entering all non-combat skills military training and education completed during the period covered by the DD Form 214 in item 14 of the DD Form 214. Evidence shows he successfully completed the 13-week Infantryman and 2-week Bradley Fighting Vehicle Infantryman courses at the U.S. Army Infantry Training Brigade in December 1996. As these are combat skill courses, there is no regulatory requirement to enter them on the 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) AR20150013844 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013844 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2