BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160000929 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: 6 July 2017 DOCKET NUMBER: AR20160000929 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. adding the Army Good Conduct Medal (1st Award), Presidential Unit Citation, and three bronze service stars with his already-awarded Iraq Campaign Medal to item 13 of his DD Form 214; and b. adding the "Sling Load Inspector Course, 1 week, October 2004," to item 14 of his DD Form 214. 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 adding the Army Commendation Medal with "V" Device, Certificate of Achievement, and the Order of the Spur to his DD Form 214. _____________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: 6 July 2017 DOCKET NUMBER: AR20160000929 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: * Army Commendation Medal (ARCOM) with "V" Device * Army Good Conduct Medal (AGCM) * Presidential Unit Citation (PUC) * Certificate of Achievement * Order of the Spur * completion of the Sling Load Inspector Certification Course 2. He states his unit did a very poor job of tracking his awards upon his return from Iraq. He adds his commanding officer recommended him for a BSM, which was downgraded to an ARCOM with "V" Device. When he out-processed, the 3d Infantry Division (ID) informed him that there was little they could do to add his awards to his DD Form 214. 3. He provides: * Narrative Summary and Citation for the BSM * ARCOM with "V" Device List * Certificate for Completion of the Sling Load Inspector Course, dated 22 October 2004 * Orders 102-27 for the AGCM and Certificate, dated 12 April 2005 * Order of the Spur, showing award of a pair of cavalry spurs, dated 21 December 2005 * Certificate of Achievement * Affidavit of Support, dated 24 August 2015 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 19 November 2001. He completed training and he was awarded military occupational specialty 14R (Bradley Linebacker Crewmember). 3. The applicant's official record is void of a DA Form 2-1 (Personnel Qualification Record) or an Enlisted Record Brief (ERB) that verify his units of assignment during his service in Kuwait/Iraq. 4. He was honorably released from active duty on 14 April 2006 and he was credited with completing 4 years, 4 months, and 26 days of active service. His DD Form 214 shows in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the: * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Iraq Campaign Medal b. item 14 (Military Education), the Bradley Linebacker Crewmember Course, 13 weeks, December 2002 and Combat Life Savers Course, 1 week, April 2004; and c. item 18 (Remarks), the applicant served in Kuwait and Iraq from 5 January 2003 through 15 July 2003 and from 5 January 2005 through 4 January 2006. 5. The applicant provides: a. a certificate, dated 22 October 2004, from the Quartermaster School, Fort Lee, VA, that shows he successfully completed the Sling Load Inspector Certification Course 860-F4 during the period 18 to 22 October 2004; b. a narrative summary for award of the BSM that states the applicant served with distinction as a linebacker gunner for the 1st Platoon while in direct support of 1st Battalion, 30th Infantry, and the 3d Squadron, 7th Cavalry Regiment, of the 3d ID. The citation for the award states for exceptional meritorious achievement while serving as a gunner for 1st Platoon, Battery C, 1st Battalion, 3d Air Defense Artillery, in Iraq from 23 to 27 March 2003. However, there are no orders in his official military personnel file verifying the approval or downgrade of this award; c. an ARCOM with "V" Device List containing the applicant's name; d. Permanent Orders Number 102-27 and AGCM Certificate issued by Headquarters, 5th Battalion, 7th Cavalry (Forward), 1st Brigade Combat Team, Task Force Liberty, dated 12 April 2005, that show he was awarded the AGCM (1st Award) for the period of service from 19 November 2001 to 19 November 2004; e. a certificate that shows he entered into the rolls of the Order of the Spur on 21 December 2005; f. a certificate that shows he was awarded a Certificate of Achievement, Task Force 5-7, for exceptionally meritorious performance during Operation Iraqi Freedom (OIF) III from January 2005 to January 2006; and g. an affidavit of support from the applicant’s former commander who states: (1) He served as the Commander, Battery C, 1st Battalion, 3d Air Defense Artillery Regiment (Mechanized), 3d ID. In January 2003, the battery deployed to Iraq and on 19 March 2003, as part of the advanced party, the applicant fought in support of 1st Battalion, 30th Infantry Regiment, and 3d Squadron, 7th Cavalry Regiment. The applicant participated in battles in An Nasiryah, As Samawah, and An Najaf and engaged in direct fire combat with Iraqi paramilitary and regular forces. (2) He completed a DA Form 638 (Recommendation for Award) while he was in Baghdad and submitted it to the 3d ID G1 section, but not all of the paperwork was returned to Fort Stewart when the division redeployed from OIF. However, he knows the applicant was approved for the ARCOM with "V" Device as a result of the award package he submitted. He states the applicant's name appears on the ARCOM with "V" Device recipients list in the unit's history book. (3) In conclusion, the former commander recommends the applicant receive the BSM for his actions during OIF in 2003. He states the applicant did receive the ARCOM with "V" Device. He opines that the applicant is also eligible for the PUC, which was given to all members assigned to the 3d ID, as well as the National Defense Service Medal and credit for a short overseas tour. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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, distinguishes 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 bronze "V" device indicates acts of heroism involving a conflict with an armed enemy and authorizes the device in conjunction with award of the ARCOM, Air Medal, and BSM. c. The PUC 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. Additionally, the U.S. Army Human Resources Command (HRC) awards and decorations website lists all approved unit awards. The website shows 1st Battalion, 3d Air Defense Artillery, and 3d Squadron, 7th Cavalry Regiment, were cited for award of the PUC during the period 19 March 2003 to 1 May 2003 in Department of the Army General Orders Number 22, dated 2010. d. A bronze service star is authorized for wear with the Iraq Campaign Medal for participation in each credited campaign. The applicant participated in three of the approved following campaigns: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) 2. Army Regulation 635-5 (Personnel Separations), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service. It established standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4 contains instructions for completing the DD Form 214. The instructions state: a. List awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 prescribes the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. b. List formal in-service (full-time attendance) training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. DISCUSSION: 1. The applicant's former commander states he submitted the applicant for award of the BSM that was downgraded to the ARCOM with "V" Device. However, there are no orders to confirm the approval of this award. As cited above, all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders. Therefore, in the absence of official orders, this award cannot be added to his DD Form 214. 2. His DD Form 214 verifies he served in Kuwait and Iraq from 5 January to 15 July 2003 and from 5 January 2005 to 4 January 2006. His record is void of a DA Form 2-1 or an ERB that verifies his unit of assignment during his service in Kuwait/Iraq. The narrative summary and the citation for the proposed award of the BSM states he served as a gunner for 1st Platoon, Battery C, 1st Battalion, 3d Air Defense Artillery, in direct support of 1st Battalion, 30th Infantry Regiment, and the 3d Squadron, 7th Cavalry Regiment, of the 3d ID. Additionally, the HRC website verifies that 1st Battalion, 3d Air Defense Artillery Regiment, was awarded the PUC during the same period of the applicant's proposed award. His DD Form 214 does not show this unit award. 3. Orders verify the applicant was awarded the AGCM (1st Award) for the period 19 November 2001 to 19 November 2004. This award is not listed on his DD Form 214. 4. The applicant participated in three campaigns and he is authorized three bronze service stars to be worn on his already-awarded Iraq Campaign Medal. 5. Although he provided a Certificate of Achievement and an Order of Spur Certificate, as cited in the regulation, there are no provisions to include these certificates in item 13 of his DD Form 214. 6. The certificate from the Quartermaster School verifies he successfully completed the Sling Load Inspector Certification Course from 18 to 22 October 2004. This course 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) AR20160000929 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000929 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2