BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160001178 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: 11 May 2017 DOCKET NUMBER: AR20160001178 BOARD DETERMINATION/RECOMMENDATION: The Board determined 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: 11 May 2017 DOCKET NUMBER: AR20160001178 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 restoration of his award of the Army Commendation Medal. 2. The applicant states: a. He deployed to Iraq in 2003, and following his deployment, he received his original award of the Army Commendation Medal from the 2nd Infantry Division Stryker Brigade, Mosul, Iraq, Forward Operating Base Merez, in or about February 2004. The citation states "herself" instead of "himself," so his command sent it back to the 2nd Infantry Division Headquarters to have the award changed. His unit left Iraq before the award was corrected. He was demobilized at Fort Bragg, NC, in March 2004. He inquired about his award at his home unit, B Company 1092nd Engineer Battalion, Weston, WV. He then received an Army Commendation Medal in December 2004 signed by a Colonel from the 11th Engineer Group, West Virginia Army National Guard (WVARNG). b. In 2013, he requested his medals from the National Personnel Records Center. He received a letter from the U.S. Army Human Resources Command (HRC), Fort Knox, KY, informing him that his award was revoked because the colonel who approved it was not in his wartime chain of command. c. He just wants his Army Commendation Medal back. He earned it in Iraq. He has contacted the WVARNG and 2nd Infantry Division to see if this problem could be corrected, but it has not been resolved for over 2 years. 3. The applicant provides: * 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty) * 2006 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DA Form 638 (Recommendation for Award) approved by the Group Commander, 11th Engineer Brigade * Army Commendation Medal Certificate approved by the Group Commander, 11th Engineer Brigade * 2014 letter from HRC * Orders revoking the Army Commendation Medal 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. Having had prior service in the U.S. Army Reserve, the applicant enlisted in the WVARNG on 16 December 2002. He held military occupational specialty 12B (Combat Engineer). 3. On 5 February 2003, the WVARNG ordered him to active duty in support of Operation Enduring Freedom. He was ordered to report to Fort Bragg, NC, on or about 6 February 2003. 4. He entered active duty on 3 February 2003 and subsequently served in Kuwait/Iraq from 8 April 2003 to 26 March 2004, a period of 11 months and 19 days. He was assigned to Company B, 1092nd Engineer Battalion. 5. On 27 November 2003, while at the Logistics Support Area (LSA) Anaconda, Balad, Iraq, he executed a 3-year reenlistment in the ARNG. 6. He was honorably released from active duty on 20 May 2004 due to completion of required active service. He completed 1 year, 3 months, and 18 days of active service this period. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Armed Forces Reserve Medal and Mobilization “M” Device * Army Service Ribbon 7. On 18 November 2004, his peacetime chain of command (B Company, 1092nd Engineer Battalion, Weston, WV) submitted a DA Form 638 recommending him for award of the Army Commendation Medal. The company commander's signature block is “unsigned.” However: * the Battalion Commander, 1092nd Engineer Battalion recommended approval, signed this form, and dated it on 13 November 2004 * the Group Commander, 1111th Engineer Group (Colonel J. E. Do--) approved the award and signed this form on 2 December 2004 * the Group Commander also assigned Permanent Orders (PO) 04-337-04 and placed his signature as the Orders Issuing Authority, on 2 December 2004 8. The applicant was also issued a certificate signed by the Group Commander awarding him the Army Commendation Medal for service from 9 April 2003 to 31 January 2004 in support of Operation Iraqi Freedom. 9. PO Number 348-077, issued by the WVARNG on 14 December 2005, awarded the applicant the Combat Action Badge for being engaged by the enemy from 1 December 2003 to 27 March 2004. 10. The applicant was honorably discharged from the WVARNG on 26 November 2006. He was issued an NGB Form 22 that captured his service. 11. A letter from the HRC Awards and Decorations Branch, dated 20 December 2013, shows an official notified the applicant that: a. The letter was in response to his request to the National Personnel Records Center for all awards and decorations he was entitled to receive. His request was forwarded to the proponent of the Army's awards program, for reply concerning his entitlement to the Army Commendation Medal. · b. Based on the review of the forwarded documentation, HRC was unable to verify his entitlement to the Army Commendation Medal. HRC acknowledged receipt of a DA Form 638, dated 18 November 2004, and endorsed through Colonel J. E. Do--, ARNG (Retired); however, as the award recommendation was for wartime service, the recommendation must have been processed through his wartime chain of command. Colonel Do-- was the commander of the 1111th Engineer Group and did not deploy to Iraq. He was not a part of his wartime chain of command; therefore, he was not eligible to approve the recommendation. The orders awarding him the Army Commendation Medal were revoked. c. Additionally, HRC was unable to verify his entitlement to the Combat Action Badge and Joint Meritorious Unit Award. The Combat Action Badge can only be approved by wartime commands at or near the time of the incident or this command retroactively; in this regard, as his orders authorizing the award were issued by the WVARNG, they are invalid. The HRC issued orders revoking this award. He was advised that all retroactive requests for award of the Combat Action Badge were to be submitted to this office. d. In regard to the Joint Meritorious Unit Award, this award is only authorized for Soldiers assigned to the cited joint command; Soldiers serving in subordinate units are not authorized the award. As he was assigned to the 1092d Engineer Battalion, and not the joint command which was authorized the Joint Meritorious Unit Award, he is not entitled to this award. 12. PO Number 353-01, issued by HRC, on 19 December 2013 revoked award of the Army Commendation Medal and PO Number 353-02, issued by HRC on 19 December 2003, revoked award of the Combat Action Badge. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. a. The Army Commendation Medal is awarded to any service 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. Award may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. The Army Commendation Medal may be awarded for combat related service or achievement after 29 February 1964. b. The Combat Action Badge is awarded to Soldiers who personally engaged, or are engaged by, the enemy. 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 this 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. (1) The specific eligibility requirements include: (1) May be awarded to any Soldier; (2) Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; (3) 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. (4) Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. (2) Award of the Combat Action Badge is authorized for the following operations (award for qualifying service in any previous conflict is not authorized): for Afghanistan, Operation Enduring Freedom, 18 September 2001 to 31 December 2014 and Operation Freedom Sentinel, 1 January 2015 to a date to be determined). For Iraq, Operation Iraqi Freedom, 19 March 2003 to 31 August 2010; Operation New Dawn, 1 September 2010 to 31 December 2011), and Operation Inherent Resolve, 15 June 2014 to a date to be determined. (3) The Combat Action Badge may be awarded as follows: (1) Current awards, these may be awarded by HRC, Army Decorations Board and any commander in the rank of colonel and above when delegated wartime award approval authority by the SA (or his or her designee). When this authority has not been delegated, recommendations will be submitted through command channels to HRC, Army Decorations Board for processing. Retroactive award of the Combat Action Badge is authorized for time periods specified above for fully qualified individuals. The awards may be awarded by Commander, HRC, Awards and Decorations Branch, Fort Knox, KY. Applications for retroactive award to active duty Soldiers and Reserve Component Soldiers will be forwarded through command channels to the first general officer (for endorsement) to HRC for processing. Retirees and veterans should address their applications the National Personnel Records Center, St. Louis, MO. All ARNG requests, once endorsed, will be submitted to the Director, NGB, 111 S. George Mason Drive, Arlington, VA 22204–1373 prior to being submitted to HRC. Such awards will not be made except where evidence of injustice is presented. (4) For service on or after 18 September 2001, applications (with supporting documentation) for retroactive awards of the Combat Action Badge will be forwarded through the first general officer in the chain of command to Commander, HRC, Awards and Decorations Branch, Fort Knox, KY. Authority to award the Combat Action Badge is also delegated to regional medical center commanders receiving casualties directly from the wartime theater. The Combat Action Badge will be announced in permanent orders. Award of the Combat Action Badge is not automatic c. Paragraph 3-6 (wartime conditions award approval authorities). (1) Decorations lower than the Medal of Honor, are awarded by the President, the Secretary of Defense, and the Secretary of the Army (SA). When wartime conditions erupt, authority to further delegate decorations approval authority will be requested from the SA or his or her designee. Initial delegation will be requested consistent with the award approval authority outlined in Table 3–4. Initial delegation authority is not absolute, but is provided for contingency planning purposes only. Award authority is gradually increased as the length and intensity of conflict increases, and the number of Soldiers committed to the combat theater increases. (2) When authorized by the SA or his or her designee, Commanding Generals (CG) may delegate wartime awards approval authority to their Deputy Commanding Generals (DCGs) commensurate with the DCG’s rank. DCGs are defined as Army officers in the grade of Brigadier General (BG) (including promotable colonels in a general officer billet) and above. (3) Combat and wartime conditions present opportunities and events which lead to award of decorations, service medals, and badges to Soldiers. Most of these awards and decorations are inactive until the commencement of hostilities. The immediate requirement by commanders to recognize deserving personnel generates heavy administrative requirements throughout all echelons. To help meet the demand and to expedite recognition of combat deeds, delegation of wartime awards approval authority commences and is delegated to Army commanders based on level of command (Table 3–4). As larger elements or armies are committed, authority to approve higher level awards is granted based on the seniority level of Army commanders and their command. Delegated awards authority creates the requirement for additional reporting of approved awards. (4) Commands are required to notify HRC, Army Decorations Board when there is a known change of leadership that will affect the wartime awards delegation (preferably a minimum of 90 days prior to the change). d. Table 3-4 (Delegation of award approval authority - wartime criteria) states for award of the Army Commendation Medal, the approval authority is the Senior Army Commander of a separate force serving in the rank of Lieutenant General. It may be further delegated to U.S. Army commanders serving in the rank of Major General (or Brigadier General serving in a Major General position) and above; and also for the Army Commendation Medal, to U.S. Army commanders serving in the rank of Colonel (the authority to approve award of the Army Commendation Medal under wartime criteria may be delegated to Colonel level commanders). DISCUSSION: The decision to revoke the applicant's Army Commendation Medal and Combat Action Badge may seem unjust. However, both were approved by an unauthorized approval authority. a. There is no doubt that the applicant deployed as a member of his ARNG unit to Kuwait/Iraq from 8 April 2003 to 26 March 2004, a period of 11 months and 19 days. He was assigned to Company B, 1092nd Engineer Battalion. b. The original/erroneous recommendation for award of the Army Commendation Medal made by the applicant's wartime chain of command, and presumably approved by the wartime commander, who is no longer available. The applicant contends the Army Commendation Medal was returned for correction and he did not see it again. c. His peacetime chain of command reconstructed the award recommendation and approved the award in November/December 2004, some 8 months after he had redeployed. Unfortunately, the approval authority did not have the authority to approve a wartime award. That is why HRC revoked it in 2013. d. Nevertheless, the applicant remains eligible to resubmit the award recommendation through the State ARNG and the NGB to HRC for consideration and processing. e. The same criteria apply for the Combat Action Badge. The badge was approved in December 2005 by the State Adjutant General. That was not the appropriate approving authority. Retroactive awards of the Combat Action Badge are processed and approved by HRC. That is why HRC revoked it in 2013. Nevertheless, the applicant remains eligible to resubmit a request for this badge through the State ARNG and the NGB to HRC for consideration and processing. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001178 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001178 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2