BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160000909 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: 15 November 2017 DOCKET NUMBER: AR20160000909 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. deleting the Iraq Campaign Medal from his DD Form 214; b. adding the following awards to his DD Form 214: * Army Good Conduct Medal * Iraq Campaign Medal with two bronze service stars * Combat Action Badge 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 the following awards: * Humanitarian Service Medal * Mississippi Emergency Service Medal * Armed Forces Reserve Medal with “M” Device * Army Achievement Medal * Delaware National Defense Service Ribbon * Delaware Distinguished Service Medal ___________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: 15 November 2017 DOCKET NUMBER: AR20160000909 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) by showing he was authorized: * Humanitarian Service Medal * Mississippi Emergency Service Medal * Armed Forces Reserve Medal with “M” Device * Army Achievement Medal * Iraq Campaign Medal * Combat Action Badge * Army Good Conduct Medal * Delaware National Defense Service Ribbon (DENDSR) * Delaware Distinguished Service Medal (DEDSM) 2. The applicant states he found copies of the paperwork for the decorations. 3. The applicant provides: * DD Form 214 ending on 17 May 2004 * Two DD Forms 215 (Correction to DD Form 214), dated 20 September 2004 and 5 April 2006 * Memorandum for Record, 249th Engineer Detachment, dated 18 February 2004 * Memorandum, dated 23 June 2004, subject: Award of the DENDSR (First page only) * Memorandum, dated 23 June 2004, subject: Award of the DENDSM (First page only) * Permanent Orders 246-001(S), Delaware National Guard, dated 2 September 2004 (Signature page only) * Permanent Orders 172-01, State of Delaware, dated 21 June 2005 * Memorandum, subject: Iraq Campaign Medal, State of Delaware, dated 8 July 2005 * Orders 252-002(S), State of Delaware, dated 9 September 2005 * Permanent Orders 264-002, State of Delaware, dated 21 September 2005 (First page only) * DA Form 4980-18 (Certificate for Award of the Army Achievement Medal), dated 17 November 2005 * Memorandum for award of the Mississippi Emergency Service Medal, dated 1 December 2005 * Memorandum for award of the Humanitarian Service Medal, dated 8 December 2005 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), effective 9 December 2005 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. A DD Form 214 and two DD Forms 215 showing the applicant was ordered to active duty in support of Operation Enduring Freedom/Iraqi Freedom and he served in Kuwait/Iraq from 16 April 2003 to 14 April 2004. His awards are listed as: * National Defense Service Medal * Global War on Terrorism Service Medal (deleted) * Iraq Campaign Medal (added) * Armed Forces Reserve Medal with “M” Device * Army Service Ribbon * Parachutist Badge * Army Commendation Medal * Shoulder Sleeve Insignia-Former Wartime Soldier (Item of Uniform) * Overseas Service Ribbon 3. A memorandum, from the 249th Engineer Detachment, dated 18 February 2004, authorizing the applicant award of the Armed Forces Reserve Medal with “M” Device. This medal is shown on his DD Form 214 and will not be further discussed in this Record of Proceedings. 4. Two memoranda, from the 249th Engineer Detachment, first page only, no signature, and the names of Soldiers authorized award of the DENDSR and the DEDSM. However, the applicant’s name was not included on either list. 5. A memorandum, from the 249th Engineer Detachment, dated 21 June 2005, authorized the applicant the first award of the Army Good Conduct Medal for the period 10 February 2003 to 14 June 2004. 6. Orders 252-002, from the State of Delaware, dated 9 September 2005, showing the applicant was ordered to active duty beginning on 9 September 2005 for the purpose of providing support in recovery operations as a result of Hurricane Katrina. 7. Permanent Orders 264-002, from the State of Delaware, dated 21 September 2005, (first page only) announcing award of the Combat Action Badge for the period 16 April 2003 to 13 April 2004 to all members of the 249th Engineer Detachment for their in-country service while deployed. They all were present and actively engaged by the enemy with routine exposure to attacks by mortars, rockets, and rocket-propelled grenades on a daily basis. 8. A DA Form 4980-18, for the period 16 to 30 July 2005, shows the applicant was awarded the Army Achievement Medal for outstanding achievement during annual training. 9. A memorandum, from The Adjutant General’s Office, Mississippi Army National Guard, dated 1 December 2005, announcing the applicant’s award of the Mississippi Emergency Service Medal for his service in disaster relief and clean-up operations associated with Operation Vigilant Relief, Hurricane Katrina. 10. A memorandum, State of Delaware, dated 8 December 2005, announced the applicant’s award of the Humanitarian Service Medal for Operation Katrina for his service during 9-21 September 2005. 11. The applicant’s NGB Form 22, effective 9 December 2005, shows the applicant was separated from the Delaware Army National Guard and transferred to the U.S. Army Reserve Control Group (Annual Training). REFERENCES: 1. A message from the Military Awards Branch, U.S. Army Human Resources Command, dated 8 February 2005, provided clarification on award of the Army Good Conduct Medal. It stated Reserve Component Soldiers mobilized on active duty under Title 10 are performing “active Federal military service” and are therefore eligible to be awarded the Army Good Conduct Medal. 2. Army Regulation 600-8-22 (Military Awards) states: 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 of more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. b. The Iraq Campaign Medal 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. Approved campaigns included: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) c. The requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. 3. Army Regulation 635-5 (Separation Documents): a. Provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. b. Provides that all decorations, service medals, campaign credits, and badges awarded or authorized, are to be entered in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected by showing he is authorized: * Humanitarian Service Medal * Mississippi Emergency Service Medal * Armed Forces Reserve Medal with “M” Device * Army Achievement Medal * Iraq Campaign Medal * Combat Action Badge * Army Good Conduct Medal * Delaware National Defense Service Ribbon * Delaware Distinguished Service Medal 2. The following medals that the applicant requested to be added to his DD Form 214 were awarded for service performed after the period covered by the DD Form 214. As such, they are not authorized for entry on this DD Form 214. * Humanitarian Service Medal * Army Achievement Medal 3. The Mississippi Emergency Service Medal, Delaware National Defense Service Ribbon and Delaware Distinguished Service Medal are not listed in the governing regulation authorizing awards for entry on the DD Form 214. 4. The Armed Forces Reserve Medal with “M” Device has already been added to the applicant’s DD Form 214. No further action on this issue is required. 5. The Iraq Campaign Medal has already been added to the applicant’s DD Form 214; however, he participated in two campaigns which should be recognized by adding two bronze service stars. 6. The memorandum, written by the State of Delaware, announcing the applicant actively engaged the enemy while deployed during the period of his DD Form 214 is sufficiently convincing to show his authorization for award of the Combat Action Badge. It would be appropriate to add this badge. 7. The available evidence shows the applicant was recognized for award of the Army Good Conduct Medal for his active service during the period his DD Form 214 was issued. It would be appropriate to add this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000909 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000909 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2