BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160011942 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: 2 May 2018 DOCKET NUMBER: AR20160011942 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 Reserve Components Overseas Training Ribbon with Numeral 2. 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 awarding him the Global War on Terrorism Service 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: 2 May 2018 DOCKET NUMBER: AR20160011942 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 award of the Army Reserve Components Overseas Training Ribbon (ARCOTR) and Global War on Terrorism Service Medal (GWOTSM). 2. The applicant states subsequent to his active duty service, he served in both the U.S. Army Reserve (USAR) and Army National Guard. He was never awarded the ARCOTR or GWOTSM for training conducted overseas while a member of the U.S. Army Civil Affairs and Psychological Operations Command. He earned these awards. 3. The applicant provides: * National Guard Bureau Form 22 (Report of Separation and Record of Service) * Army National Guard Current Annual Statement, dated 11 July 2006 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * USAR Personnel Command, Chronological Statement of Retirement Points, dated 6 April 2009 * memorandum of appreciation * certificate of appreciation * hazardous duty orders * discharge orders * first page of DA Form 638 (Recommendation for Award) 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 service in the Regular Army on 2 October 1984. He was honorably released from active duty on 14 January 1988 and transferred to the USAR. 3. He enlisted in the Regular Army on 30 October 1990 for a period of 4 years. He served in Southwest Asia from 1 January 1991 to 29 April 1991. On 12 December 1991, he was honorably discharged for defective enlistment or reenlistment agreement. 4. He provided the first page of an undated DA Form 638 for award of the Army Achievement Medal for the period November 2000 to November 2001. This form states: a. He deployed on an overseas deployment training mission in February 2001 in support of the 3rd Corps Support Command for a Battle Command Training Program Warfighter Exercise planning mission. b. He deployed on an overseas deployment training mission in September 2001 to support the 173rd Airborne Brigade during their Combat Maneuver Training Center rotation. 5. His USAR chronological statement of retirement points shows he earned 56 active duty retirement points during the period 22 October 2000 to 21 October 2001. His retirement points detail statement shows: * he earned 15 retirement points for active duty for training (ADT) during the period 24 February 2001 to 10 March 2001 * he earned 21 retirement points for ADT during the period 9 September 2001 to 29 September 2001 6. He also provided a certificate of appreciation, dated 11 March 2002, for volunteering for active duty in support of Operation Noble Eagle and Operation Enduring Freedom. 7. He enlisted in the Rhode Island Army National Guard on 23 December 2002. On 22 December 2005, he was honorably discharged for expiration term of service. His NGB Form 22 does not show the ARCOTR or GWOTSM as authorized awards. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of AT or ADT for a period of not less than 10 consecutive duty days on foreign soil. The ARCOTR may be awarded retroactively to those personnel who successfully completed AT or ADT on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984. Numerals will be used to denote second and subsequent awards of the ARCOTR. b. The 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 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. 2. A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, contains examples to show Soldiers' eligibility for awards. The document states: * Question: Are Reserve or Active Component Soldiers on active duty primarily for training authorized to be awarded the GWOTSM? What about Soldiers on ADT orders? * Answer: Negative. Soldiers serving on active duty primarily for training in initial entry training or basic training, advanced individual training, and/or for AT, Officer training courses, Warrant Officer training courses, and/or any training not in direct support of the Global War on Terrorism operations are not authorized award of the GWOTSM. DISCUSSION: 1. The applicant's request for award of the ARCOTR appears to have merit. The evidence of record shows: a. He deployed on an overseas deployment training mission in February 2001 and earned 15 retirement points for ADT during the period 24 February 2001 to 10 March 2001. b. He deployed on an overseas deployment training mission in September and earned 21 retirement points for ADT during the period 9 September 2001 to 29 September 2001. 2. He met the criteria for two ARCOTRs. 3. His request for award of the GWOTSM was also noted. However, the evidence of record shows he earned 56 active duty retirement points for training during the period 22 October 2000 to 21 October 2001 and he earned 60 active duty retirement points for training during the period 22 October 2001 to 21 October 2002. 4. A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, states Soldiers serving on active duty primarily for any training not in direct support of the Global War on Terrorism operations are not authorized award of the GWOTSM. 5. He did not serve a qualifying period for award of the GWOTSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011942 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011942 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2