BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006391 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 5 April 2018 DOCKET NUMBER: AR20160006391 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 military personnel records to show his foreign service, military training, authorized awards and decorations, and uniform items. 2. The applicant states, in effect, that his Enlisted Record Brief (ERB) and/or DD Form 214 (Certificate of Release or Discharge from Active Duty) do not show his foreign service in Iraq; military training (i.e., Combat Life Saver Course, Defensive Driving Course, Drivers Training, and Force XXI Battle Command Brigade-and-Below (FBCB2) Operators Course); awards (i.e., Meritorious Unit Commendation, Army Achievement Medal, Overseas Service Ribbon, Combat Action Badge, Driver and Mechanic Badge with "T" (Tracked Vehicle) and "W" (Wheeled Vehicle) Bars; and uniform items (i.e., Shoulder Sleeve Insignia for Former Wartime Service (SSI-FWTS) and Overseas Service Bars). He states he was separated before some of the awards were approved and, at the time, he did not know exactly what should have been entered on his DD Form 214. 3. The applicant provides copies of his DD Form 214, ERB, three training certificates, unit award orders and citation, DA Form 638 (Recommendation for Award), two award certificates, two badge orders, and SSI-FWTS memorandum. 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 18 July 2002 for a period of 3 years. He was awarded military occupational specialty (MOS) 13B (Cannon Crewmember). He was promoted to specialist/pay grade E-4 on 18 July 2004. 3. A DD Form 214 shows the applicant entered active duty this period on 18 July 2002, was honorably released from active duty on 17 July 2005, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 3 years of net active service this period that included 1 year and 8 days of foreign service. It also shows in – * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Lapel Button * Army Commendation Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * National Defense Service Medal * Army Service Ribbon * item 14 (Military Education), the entry "None/Nothing Follows" * item 18 (Remarks), in pertinent part, he served in Operation Iraqi Freedom from 9 March 2004 to 16 March 2005 4. In support of his application the applicant provides the following documents: a. His ERB, dated 14 June 2005, that shows, in pertinent part, – * Section I (Assignment Information – Overseas Duty), is blank (i.e., no entries) * Section VI (Military Education), is blank (i.e., no entries) * Section VIII (Awards and Decorations) – * Army Commendation Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal b. Three DA Forms 87 (Certificates of Training) that show he successfully completed the following courses at Fort Hood, TX – * National Safety Council Defensive Driving Course (4 Hours) on 13 March 2003 * Drivers Training (40 Hours) from 17 March 2003 to 21 March 2003 * FBCB2 Operators Course (40 Hours) on 18 July 2003 c. DA Form 4980-14 (Army Commendation Medal Certificate) that shows Headquarters, 5th Brigade Combat Team, 1st Cavalry Division, Permanent Order Number 36-23, dated 5 February 2005, awarded him the Army Commendation Medal for outstanding service from 11 March 2004 through 10 March 2005. d. DA Form 638 and DA Form 4980-18 (Army Achievement Medal Certificate) that show Headquarters, 2nd Battalion, 82nd Field Artillery, 1st Cavalry Division, Permanent Order Number 200-07, dated 19 July 2005, awarded him the Army Achievement Medal for meritorious service from 18 July 2002 through 17 July 2005. e. Headquarters, 1st Battalion, 21st Field Artillery, Camp Falcon, Iraq, memorandum, dated 23 January 2005, subject: Proof of Service, that shows the battalion adjutant certified the applicant served with C Battery, 2nd Battalion, 82nd Field Artillery, 5th Brigade Combat Team, in support of the 1st Cavalry Division during Operation Iraqi Freedom II from 9 March 2004 to 17 March 2005 and he is authorized – (1) to wear the SSI-FWTS and OSBs, and (2) award of the Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal, but only one of these medals is authorized for the deployment. ? f. 1st Battalion, 21st Field Artillery, Order of the Combat Spur, awarded on 1 April 2005 to the applicant for his successful completion of a deployment to Iraq in support of Operation Iraqi Freedom with the 1st Cavalry Division and it ensures his admission to the Noble Fraternity of Artillery Soldiers. g. U.S. Army Human Resources Command, Alexandria, VA, Permanent Orders 107-04, dated 16 April 2008, and Headquarters, Department of the Army, General Orders Number 2010-24, dated 24 November 2010, that show, in pertinent part, the Meritorious Unit Commendation was awarded to Headquarters and Headquarters and Service Battery, 1st Battalion, 21st Field Artillery, including Battery C, 2nd Battalion, 82nd Field Artillery, for exceptionally meritorious service during the period 16 March 2004 to 15 March 2005. h. Headquarters, 1st Battalion, 21st Field Artillery, 1st Cavalry Division, Permanent Orders 313-15 and 313-16, both dated 8 November 2004, that awarded him the Driver and Mechanic Badge with "W" and "T" Bars, respectively, for the period 16 March 2004 to 5 November 2004. 5. A review of the applicant's military personnel records failed to reveal any additional award orders. This review also failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Army Good Conduct Medal (AGCM) 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified. b. The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. (The U.S. Army Human Resources Command, Military Awards Branch, provided clarifying guidance on award of the OSR for Soldiers while deployed to Iraq or Afghanistan.) (1) Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense. Therefore, the Army gives equivalent credit for periods of change of station/tour of duty. (2) Soldiers who serve a minimum of 11 cumulative months or nine (9) continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status within a 24-month period receive credit for a complete short tour. c. The requirements for award of the Combat Action Badge (CAB) 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 CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. (1) 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 CAB is authorized from 18 September 2001 to a date to be determined. (2) Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The CAB may be requested by letter and must contain copies of the applicant's – * DD Form 214 * ERB or Personnel Qualification Record * assignment, attachment, or operational control orders * a one-page narrative description of the qualifying incident * the chain of command's endorsement * other supporting documentation 2. AR 670-1 (Wear and Appearance of Army Uniforms and Insignia) 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 U.S. Army Reserve, as well as by former Soldiers. Chapter 19 (Wear of Insignia and Accouterments) shows: a. The SSI-FWTS (commonly referred to as a "combat patch") of any former wartime unit in which a Soldier served during a period of eligibility is authorized for wear on the Army uniform. Periods of eligibility are announced by Headquarters, Department of the Army (HQDA), and only SSI approved for wear by HQDA are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. b. Soldiers are authorized to wear one OSB for each 6-month period of active Federal service as a member of a U.S. Service as indicated in the Army regulation. Periods of less than 6 months duration, which otherwise meets the requirements for the award of OSBs, may be combined by adding the number of months to determine creditable service toward the total number of OSBs authorized. c. There are no provisions for entering the SSI-FWTS or OSBs on the DD Form 214 as they are items of uniform wear and neither is an award or decoration. 3. The ERB is a "snapshot" of a Soldier's personnel data as of the time the document is produced. It is used as a management tool to assist Army officials in managing a Soldier's assignments, training, career development, and promotions. The ERB is no longer active or accessible for update after a Soldier's discharge. 4. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It contains item-by-item instructions for completing the DD Form 214. It shows for: a. item 13, list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22; each entry will be verified by the Soldier's records; and b. item 14, list formal in-service (full-time attendance, 40 hours or more) courses successfully completed during the period of service covered by the DD Form 214, do not list training courses for combat skills. 5. AR 15-185 (ABCMR) governs the policies and procedures under which the ABCMR operates. It provides that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice. ? DISCUSSION: 1. The applicant contends, in effect, that his ERB and/or DD Form 214 should be corrected to show his overseas duty, military education, authorized awards, and uniform items. 2. The applicant has not exhausted his administrative remedy with regard to the CAB and no further action can be taken at this time. This does not mean his application for the CAB has been denied by the ABCMR. Should the applicant's case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit an application to the ABCMR with evidence of the U.S. Army Human Resources Command's denial of his request. 3. The evidence of record shows the ERB is designed to document essential elements of a Soldier's military service. The document is closed out and retired upon discharge from the U.S. Army and no further updates/corrections are made to the ERB. 4. The evidence of record shows training courses for combat skills will not be recorded in item 14 of the DD Form 214 and only formal in-service courses (of 40 hours or more) successfully completed are authorized for entry in item 14. a. The applicant completed the 4-hour National Safety Council Defensive Driving Course; it is not authorized to be entered in item 14. b. He also completed the 40-hour Drivers Training Course and the 40-hour FBCB2 Operators Course at Fort Hood, TX. (1) Both courses were installation-level training courses; they were not conducted at a military service school. In addition, the FBCB2 Operators Course is a combat skills training course. (2) The evidence of record fails to show that either of the above courses is authorized to be entered in item 14. (3) There is no evidence of record that shows he completed the Combat Life Saver Course. (Note: It is a combat skills training course and not authorized to be entered in item 14.) 5. The evidence of record shows the applicant is authorized the SSI-FWTS and two (2) OSBs. The evidence of record also shows these are uniform items and there are no provisions for entering them on the DD Form 214. 6. The applicant's DD Form 214 shows he served in support of Operation Iraqi Freedom from 9 March 2004 to 16 March 2005; a period of 1 year and 8 days. 7. The evidence of record shows: a. the applicant's service in Iraq qualified him for award of the OSR; b. permanent orders awarded him the – * Army Achievement Medal * Driver and Mechanic Badge with Driver–T and Driver–W Bars c. Department of the Army General Orders awarded his unit the Meritorious Unit Commendation. 8. The applicant served a period of continuous, honorable active duty enlisted service from 18 July 2002 through 17 July 2005. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SPC (E-4). c. He was awarded the Army Commendation Medal and also the Army Achievement Medal for meritorious service during the period of service under review. d. Based on the available evidence of record and the regulatory guidance in effect at the time, the applicant may be awarded the AGCM (1st Award). 9. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This, along with the certificates he provided, should serve to document the military training that he successfully completed during the period of his military service, but is not authorized for entry on the DD Form 214. BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006391 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. awarding him the Army Good Conduct Medal (1st Award) for the period 18 July 2002 through 17 July 2005 (Standard Name Line: SPC, Battery C, 2nd Battalion, 82nd Field Artillery, Fort Hood, TX 76544-5056), and b. adding to his DD Form 214 – * Army Good Conduct Medal (1st Award) * Army Achievement Medal * Overseas Service Ribbon * Driver and Mechanic Badge with Driver–T and Driver–W Bars * Meritorious Unit Commendation 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 updating/correcting his Enlisted Record Brief or his DD Form 214 regarding any additional items pertaining to overseas duty, military education, awards and decorations, and uniform items. 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. //NOTHING FOLLOW ABCMR Record of Proceedings (cont) AR20160004533 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006391 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2