BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160001504 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: 12 September 2017 DOCKET NUMBER: AR20160001504 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 awarding him the Army Good Conduct Medal (1st Award) for the period 4 January 2001 to 3 January 2004 and amending his DD Form 214 as follows: a. deleting the entry "0000 00 00" from item 12f and replacing it with the entry "0001 00 21"; b. adding to item 13: * Army Achievement Medal * Combat Infantryman Badge * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Good Conduct Medal (1st Award) c. adding to item 18: "SERVICE IN MACEDONIA FROM 20011029–20020507" and "SERVICE IN KUWAIT FROM 20030108–20030719" 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 Armed Forces Expeditionary Medal, NATO Medal, and United Nations 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: 12 September 2017 DOCKET NUMBER: AR20160001504 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 the Combat Infantryman Badge, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, North Atlantic Treaty Organization (NATO) Medal, and United Nations Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states these awards were omitted from his DD Form 214. He has documentation confirming he was awarded the Combat Infantryman Badge and was stationed in Kosovo, Kuwait, and Iraq. He was in Kosovo from October 2001 to May 2002. He was sent to Kuwait on January 2003 and crossed into Iraq on 19 March 2003. He stayed in Iraq until July 2003. 3. The applicant provides: * DD Form 214 * Permanent Order Number 123-1 awarding the Combat Infantryman Badge * DA Form 638 (Recommendation for Award) awarding the Army Achievement Medal * Orders 307-2279 reassigning him to the Fort Benning, GA, transition center * DA Form 2-1 (Personnel Qualification Record - Part II) 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 4 January 2001. He completed one station unit training and was awarded military occupational specialty (MOS) 11B (Infantryman). 3. His DA Form 2-1 does not list the Combat Infantryman Badge, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, NATO Medal, or United Nations Medal in item 9 (Awards, Decorations, and Campaigns). 4. He provided a DA Form 638, dated 25 February 2002 that shows he was awarded the Army Achievement Medal for meritorious achievement from 29 October 2001 to 22 January 2002 by Headquarters, Task Force, 1st Battalion 30th Infantry Permanent Order Number BN-023-02, date unknown. Block 21 (Proposed Citation) of this form states, "For exemplary performance while assigned as a rifleman. PFC [applicant]'s dedication to duty and unfailing support contributed in providing a safe and secure environment in Kosovo. His actions reflect great credit upon him, 'Battle Boar' Battalion, and the United States Army." 5. He was advanced to specialist (SPC)/E-4 on 4 January 2003. 6. He provided Permanent Order Number 123-1 published on 3 May 2003 by Headquarters, 3rd Brigade, 3rd Infantry Division (Mechanized), that shows Soldiers listed on the by-name roster were awarded the Combat Infantryman Badge for ground combat against enemy ground forces from 20 March 2003 to 14 April 2003. His name is listed on the roster and indicates he was assigned to Company B, 1st Battalion, 30th Infantry. 7. The Army released him from active duty on 3 January 2004 in the rank of SPC/E-4 and transferred him to the U.S. Army Reserve Control Group (Reinforcement). 8. His DD Form 214 shows the following information: a. item 12f (Foreign Service), the entry "0000 00 00" indicating he did not serve any foreign service. b. item 13 (Decorations, Medals, Badges, Citation and Campaign Ribbons Awarded or Authorized (All periods of service)), entries for the National Defense Service Medal, Army Lapel Button, and Army Service Ribbon. c. item 18 (Remarks), no entry indicating he was deployed overseas. 9. He completed 3 years of active military service with no days of lost time. His service record does not contain any derogatory information or a record of a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. 10. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) from 29 October 2001 to 7 May 2002 for service in Macedonia and from 8 January 2003 to 19 July 2003 for service in Kuwait. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas 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. b. The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. c. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE. d. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. e. The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to members of the Armed Forces of the United States who participated in designated NATO operations. The normal period of service, which will be required as qualifying service, is 30 days, continuous or accumulated, in any single tour of duty, which is normally 180 days. Subject to meeting the specific eligibility criteria, military personnel who have completed a period of qualifying service during the designated campaign and/or operation will be eligible to receive the medal provided they have not been convicted of serious misconduct or crimes during the period of their assignment under NATO command or control. Acceptance of the NATO Medal has been approved for U.S. military personnel who serve(d) under NATO command or operational control in direct support of NATO operations. f. The following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal: (1) Operations related to the former Republic of Yugoslavia (1 July 1992 to 12 October 1998); (2) Operations related to Kosovo (13 October 1998 to 31 December 2002); (3) Operation EAGLE ASSIST (12 October 2001 to 16 May 2002); (4) Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined); (5) Operations in the Balkans (1January 2003 to a date to be determined); (6) International Security Assistance Force (ISAF) in Afghanistan (1 June 2003 to a date to be determined); (7) National Training Implementation Mission-Iraq (18 August 2004 to 31 December 2011); (8) National Training Mission-Iraq (18 August 2004 to 31 December 2011); and (9) Operations and activities in relation to Africa, Operations ALLIED PROVIDER, ALLIED PROTECTOR, AND OCEAN SHIELD (1 January 2008 to a date to be determined). g. The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon; the United Nations Truce Supervision Organization in Palestine; the United Nations Military Observer Group in India and Pakistan; the United Nations Security Forces, Hollandia; the United Nations Transitional Authority in Cambodia; the United Nations Advance Mission in Cambodia; the United Nations Protection Force in Yugoslavia; the United Nations Mission for the Referendum in Western Sahara; the United Nations Iraq/Kuwait Observation Group; and the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members)). The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal. The certificate issued by the United Nations constitutes award of the United Nations Medal. Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General. h. Senior Representative of the Secretary-General who makes the award normally makes presentation of the United Nations Medal in the field. Approval authority to accept and wear the United Nations Medal to a member of the Armed Forces of the United States is the Secretary of Defense. When presentation is not so accomplished, any person who believes he or she is eligible for the award may submit a request to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.with a copy of any substantiating documents. USAHRC will forward each such request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the United Nations for consideration. i. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 2. Army Regulation 635-5 (Separation Documents) in effect at the time prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD)” DISCUSSION: 1. The evidence of record shows the applicant was awarded the Army Achievement Medal for meritorious achievement from 29 October 2001 to 22 January 2002. However, this award is not shown on his DD Form 214. 2. The evidence of record shows the applicant completed infantry training and was awarded MOS 11B. He provided a DA Form 638 that shows he performed duties as a rifleman while assigned to Company B, Task Force, 1st Battalion, 30th Infantry in Kosovo. 3. The applicant provided Permanent Orders awarding the Combat Infantryman Badge for ground combat against enemy ground forces from 20 March 2003 to 14 April 2003. His name is listed on the by-name roster as a recipient of the Combat Infantryman Badge; however, this badge is not listed on his DD Form 214. 4. Information received from DFAS confirm the applicant received HFP/IDP and CZTE for the period 29 October 2001 to 7 May 2002 (6 months and 9 days) for service in Macedonia and from 8 January 2003 to 19 July 2003 (6 months and 12 days) for service in Kuwait. This is a total of 1 year and 21 days of foreign service. However, his DD Form 214 does not reflect any foreign service. 5. The applicant's service record is void of evidence and he has not provided sufficient evidence that shows he was assigned to a unit during a qualifying period that participated in U.S. military operations in a designated geographic area authorized award of the Armed Forces Expeditionary Medal. 6. The applicant served a period of qualifying service in Kuwait for the GWOTEM and the GWOTSM. However, these awards are not listed on his DD Form 214. 7. The applicant's service record is void of evidence that shows he was awarded the NATO Medal. Although the evidence of record shows the applicant served in Kosovo during the period 29 October 2001 to 22 January 2002 (period for the Army Achievement Medal), there is insufficient evidence to show he participated in designated NATO operations authorized for acceptance and wear of the NATO Medal. 8. The applicant's service record is void of evidence which indicates he was awarded the United Nations Medal or that he participated in any United Nations operations. 9. The applicant honorably completed a qualifying period of service for the first award of the Army Good Conduct Medal for the period 4 January 2001 through 3 January 2004. He was advanced to SPC with no record of any time lost, disciplinary action, or a commander's disqualification. His service record does not indicate he was awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 does not show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001504 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001504 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2