BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160011007 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: 13 June 2018 DOCKET NUMBER: AR20160011007 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 amending his record as follows: * deleting the National Defense Service Medal from his 2005 and 2010 DD Forms 214 * adding the Overseas Service Ribbon and the National Defense Service Medal (2nd Award) to his 2005 and 2010 DD Forms 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 any relief in excess of that described above. ______________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: 13 June 2018 DOCKET NUMBER: AR20160011007 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 National Defense Service Medal and the Overseas Service Medal. 2. The applicant states he served during a qualifying period of service for entitlement to the National Defense Service Medal. His period of service was from 1986 to 1994. He had a break in service and was not aware he was eligible for this award. Based on new regulatory guidelines he states he served a qualifying period of service for the Overseas Service Ribbon based on Orders 03-328-00006. 3. The applicant provides – * Orders 03-328-00006 dated 24 November 2003 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 16 August 2010 * two DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) 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 U.S. Army Reserve (USAR) on 8 May 1986 for the 6X2 enlistment option, 6 years in a troop program unit and 2 years in the Ready Reserve. He enlisted for training in military occupational specialty (MOS) 19D (Cavalry Scout). 3. Orders 092-26 issued by the Military Entrance Processing Station on 8 May 1986 ordered the applicant to initial active duty for training on 30 June 1986 for 9 weeks. (There is no DD Form 214 or Statement of Service in his record for this period of active duty training.) 4. On 12 June 1987 the applicant entered active duty for training to complete his MOS training. On 8 August 1987 he was released from active duty. He was issued a DD Form 214 showing he completed 1 month and 17 days of net active service this period and he had 2 months of prior active service. He was awarded MOS 19D. 5. The applicant's enlistment documents show he initially enlisted into Combat Support Company, 315th Infantry Regiment located in Philadelphia, PA. 6. On an unknown date the applicant was transferred to the USAR Control Group (Annual Training). By orders, he was reassigned from the USAR Control Group (Annual Training) to a troop program unit, the 420th Combat Service Company, effective 18 December 1989. 7. On 7 October 1991, the applicant requested a transfer from his troop program unit to the USAR Individual Ready Reserve due to conflicting employment and education schedules. 8. On 28 October 1991 the applicant was released from his troop program unit by Order 90-13 issued by Headquarters, 78th Division (Training). The reason shown was voluntary due to employment conflict. He was transferred to the USAR Control Group (Annual Training). 9. On 10 May 1994 the applicant was honorably discharged from the USAR. 10. After a break in service, the applicant enlisted in the USAR on 25 August 2003 for a troop program unit. 11. On 9 December 2003 the applicant entered active duty in support of Operation Iraqi Freedom. He served in Kuwait from 6 February 2004 to 24 January 2005 as an automated logistical specialist. 12. On 5 May 2005 he was honorably released from active duty upon completion of his required active service. He was issued a DD Form 214 for this period of active service reflecting the following pertinent information: * item 12c (Record of Service – Net Active Service this Period) – 1 year, 4 months and 27 days * item 12f (Foreign Service) – 11 months and 19 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows among his awards one National Defense Service Medal and no Overseas Service Ribbon 13. On 14 July 2010 the applicant entered active duty for training attending the Warrant Officer Candidate Course. 14. On 16 August 2010 he was honorably discharged to accept a commission or warrant in the U.S. Army. He was issued a DD Form 214 for this period of active service that shows among his awards one National Defense Service Medal and no Overseas Service Ribbon. 15. On 17 August 2010 he accepted an oath of office to serve as a Reserve Warrant Officer. 16. The applicant currently serves in the USAR as a Reserve Warrant Officer. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon 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 as prescribed in Army Regulation 614-30 (Overseas Service). Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 2. Army Regulation 614-30, Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states in Rule 5, a minimum of 11 consecutive months in a temporary change of station or temporary tour of duty status outside the continental United States where the unaccompanied tour length is between 18 to 24 month period, and whose primary duties were to provide direct support of contingency operations. 3. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Executive Order 12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995. Members of other than the Selected Reserve who were called to active duty will also be eligible. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal: (1) any service member on active duty for the sole purpose of undergoing a physical examination; or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. 4. Army Regulation 635-5 (Personnel Separation – Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. DISCUSSION: 1. The applicant had two requests: the National Defense Service Medal for his USAR service from the date of eligibility on 29 August 1990 to its ending date of 30 November 1995 and the Overseas Service Ribbon for his foreign service in support of Operation Iraqi Freedom. 2. The applicant completed more than 11 consecutive months of overseas service in support of a contingency operation, Operation Iraqi Freedom. It appears he meets the regulatory criteria for the Overseas Service Ribbon and subsequent amendment to his DD Forms 214. 3. By executive order the National Defense Service Medal shall be awarded to all members of the Army National Guard and the USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995. The applicant served in the Selected Reserve (troop program unit) during the period 18 December 1989 to 28 October 1991. 4. A review of his 2005 DD Form 214 and 2010 DD Form 214 shows only one award of the National Defense Service Medal and no Overseas Service Ribbon. He served during two qualifying periods for the National Defense Service Medal, by regulation the second and subsequent awards are denoted by a bronze service star affixed to the initial National Defense Service 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) AR20160011007 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011007 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2