BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150017828 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150017828 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. BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150017828 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 records to show he is authorized to wear the 3rd Cavalry Regiment's Shoulder Sleeve Insignia – Former Wartime Service (SSI-FWTS). 2. The applicant states: a. While deployed as a civilian to Herat, Afghanistan, from 1 October 2013 through 15 November 2014, he conducted drill [inactive duty training] with Detachment 1, Troop A, 1st Squadron, 3rd Cavalry Regiment, the Active Army unit in his area. He requested his unit custodian enter this information into his record to allow him to wear the 3rd Cavalry Regiment's unit insignia as his SSI-FWTS; however, his unit custodian instructed him that he needed to request a record correction. b. According to Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), paragraph 4 [sic], he is authorized to wear the 3rd Cavalry Regiment's unit insignia as his SSI-FWTS. He is requesting a record correction so he has documentation that authorizes him to wear this SSI-FWTS. 3. The applicant provides three (3) DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), dated 28 March, 16 April, and 28 May 2014, and a Certificate of Excellence issued by International Development Solutions (IDS) on 15 November 2014. 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. Following prior service in the U.S. Marine Corps and Army National Guard (ARNG), the applicant was appointed as a Reserve commissioned officer of the Army on 15 September 2011. He was promoted to first lieutenant on 15 March 2013. 3. The applicant served in the Alabama ARNG (ALARNG) from 15 September 2011 through 28 February 2014. Upon his separation from the ALARNG, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement); an element of the Individual Ready Reserve (IRR). 4. According to the applicant, he served in Afghanistan as a civilian employee, from 1 October 2013 through 15 November 2014. a. He provides evidence that shows he was employed by IDS, supporting the U.S. Department of State diplomatic security mission in Herat, Afghanistan. b. He provides three Records of Individual Performance of Reserve Duty Training, which show he performed inactive duty training (IDT) in a non-pay status for retirement points only, with Detachment A, Troop A, 1st Squadron, 3rd Cavalry Regiment (an Active Army element). These forms are signed by a commissioned officer in the rank of captain (CPT). His record does not contain, nor does he provide, orders that show he was formally attached to this unit by the Commander, U.S. Army Human Resources Command (HRC), for the purpose of training as a member of the IRR. REFERENCES: 1. Army Regulation 140-1 prescribes policy for the U.S. Army Reserve mission, its organization, and training. Paragraph 3–26 (Training of Individual Soldiers in a Non-Pay Status) provides that Soldiers in an active status (Selected/Ready Reserve and Standby Reserve (Active Status List)) may take part in individual IDT in a non-pay training status when authorized by the appropriate Outside the Continental U.S. (OCONUS) Army commander, Major USAR Command (MUSARC) commander, or the CG, HRC, for their respective commands. 2. Army Regulation 140-185 (Training and Retirement Points Credit and Unit Level Strength Accounting Records) sets responsibilities and procedures to establish and maintain retirement records prescribing the types of training and activities for which retirement points are authorized. Paragraph 3-3 provides, in pertinent part, that the DA Form 1380 is used to record IDT by non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points only to USAR troop program units, ARNG units, or to another Service or component for training per Army Regulation 140–10 (Army Reserve–Assignments, Attachments, Details, and Transfers). Only attached Soldiers are authorized to perform IDT. 3. Army Regulation 670-1 prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia, as worn by officers and enlisted personnel of the Active Army and the USAR, as well as by former Soldiers. Paragraph 21–17 (SSI-FWTS) provides: a. General. Authorization to wear an SSI indicating FWTS applies only to Soldiers who are/were assigned to U.S. Army units that meet all the following criteria: (1) The Secretary of the Army or higher must declare the theater or area of operation as a hostile environment to which the unit is assigned or Congress must pass a Declaration of War. (2) The units must have actively participated in or supported ground combat operations against hostile forces in which they were exposed to the threat of enemy action or fire, either directly or indirectly. (3) The military operation normally must have lasted for a period of 30 days or longer. An exception may be made when U.S. Army forces are engaged with a hostile force for a shorter period of time, when they meet all other criteria, and a recommendation from the general or flag officer in command is forwarded to the Chief of Staff, Army. (4) The Chief of Staff, Army must approve the authorization for wearing the SSI-FWTS. Note: Units are not authorized to make modifications to their SSI, or SSI-FWTS without prior approval from the Deputy Chief of Staff (DCS), G-1. A mirror image SSI-FWTS is considered a modification. (5) Personnel who served in a designated area as a civilian or a member of another Service, but were not a member of the U.S. Army during one of the specified periods are not authorized to wear the SSI-FWTS. (6) Unless otherwise approved by this regulation, Soldiers attached or under operational control (OPCON) to other services are not authorized to wear their patches as their SSI-FWTS without written approval from DCS, G-1 or a designated representative. (7) Soldiers of all Army components (Active, ARNG, and USAR) who deploy during periods of service designated for wear of the SSI-FWTS are authorized to wear a SSI-FWTS. There are no time-in-theater requirements for authorization to wear the SSI-FWTS. Soldiers may not earn more than one SSI-FWTS during the same deployment. (a) A deployed unit (company or higher) will wear its unit SSI as the SSI-FWTS, regardless of the headquarters element deploying and the unit alignment or OPCON during the period of deployment. (b) A deployed unit will not wear its assigned SSI as its SSI-FWTS when the SSI belongs to a major command, such as an ACOM/ASCC/DRU or State Area Command, or a non-deployable unit. In such cases, the unit will wear the SSI of the lowest echelon Army unit (company or higher) in the deployed chain of command as the SSI-FWTS. When there is no intermediate unit (company or higher) in the deployed chain of command, these deployed Soldiers will wear the SSI of the senior command in the theater as its SSI-FWTS. (c) When echelons below company level (such as teams or squads) deploy, members of these units will wear the SSI of the lowest echelon deployed Army unit (company or higher) in the deployed chain of command (based on written orders) as the SSI-FWTS. When there is no intermediate unit (company or higher) in the deployed chain of command, these deployed Soldiers will wear the SSI of the senior command in the theater as its SSI-FWTS. (d) Individual Soldiers who are attached (to include OPCON, cross-leveled, assigned, or augmenting deployed units) will wear the same SSI-FWTS worn by members of the deployed Army unit (company or higher) to which attached by written orders. A Soldier who is further attached (to one or more units) during one deployment will only wear the SSI-FWTS for the first Army unit (company or higher) to which attached by written orders. Soldiers who deploy with their unit (company level or higher) will wear the SSI-FWTS as outlined in paragraph 21–17a (7)(a), regardless how many times they are further attached to other units as individuals or teams. b. Authorization. Authorization applies only to members of the Army who were assigned to the designated location overseas with U.S. Army organizations during Operation Enduring Freedom (OEF): between 19 September 2001 and a date to be determined, for Soldiers assigned to Afghanistan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan; Between 9 January 2002 and a date to be determined for those Soldiers assigned to the Philippines, in support of Operation Enduring Freedom, who were receiving combat zone tax exclusion and imminent danger pay (IDP), and who meet the criteria of paragraph 21–17a. Between 31 July 2002 and a date to be determined, for Soldiers deployed to the U.S. Central Command (CENTCOM) area of operations in support of OEF authorized combat zone tax exclusion and hostile fire/imminent danger pay as identified by CENTCOM Command Center–Joint Staff for Personnel and Administration. Soldiers who were deployed in the area of operations on training exercises or in support of operations other than OEF are not authorized the SSI–FWTS, unless those exercises or operations became combat or support missions to OEF. DISCUSSION: 1. The applicant's request for correction of his records, to show he is authorized to wear the 3rd Cavalry Regiment's SSI-FWTS, was carefully considered. 2. The applicant served in Afghanistan as a civilian employee from 1 October 2013 through 15 November 2014. He was reassigned from the ALARNG to the IRR on 28 February 2014. 3. The applicant provides three DA Forms 1380 that document his performance of IDT with an Active Army element, in a non-pay status while assigned to the IRR during the months March, April, and May 2014. Soldiers in the IRR may take part in individual IDT in a non-pay training status when authorized by the CG, HRC and formally attached on orders. The applicant's record does not contain, nor does he provide, orders that show he was formally attached to this unit by the Commander, HRC for the purpose of training as a member of the IRR. 4. Army Regulation 670-1 provides that authorization to wear an SSI-FWTS applies only to Soldiers who are/were assigned to U.S. Army units. It further provides that: a. personnel who served in a designated area as a civilian or a member of another Service, who were not a member of the U.S. Army during one of the specified periods, are not authorized to wear the SSI-FWTS; and b. authorization applies only to members of the Army who were assigned to the designated location overseas with U.S. Army organizations during OEF. 5. The applicant served in Afghanistan as a civilian employee in support of the U.S. Department of State diplomatic security mission. There is no evidence he was authorized to perform duty as a member of the IRR and there is no evidence he was formally assigned or attached to the 3rd Cavalry Regiment during the period in question. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017828 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2