IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000420 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 IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000420 BOARD DETERMINATION/RECOMMENDATION: 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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000420 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 January 2004, to show award of all awards and decorations he is entitled, to include the: * Global War on Terrorism Expeditionary Medal (GWOTEM) * Army Reserve Component Overseas Training Ribbon (ARCOTR) * Overseas Service Bar (OSB) * Overseas Service Ribbon (OSR) * Army Reserve Component Achievement Medal (ARCAM) 2. The applicant states, in effect, his unit was one of the first U.S. Army Reserve (USAR) units returning to the United States from Operation Enduring/Iraqi Freedom and were not properly demobilized. 3. The applicant provides a copy of his DD Form 214. 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 21 April 1987. He was honorably released from active duty on 2 May 1991 at the expiration of his term of service. The DD Form 214 he was issued shows he was awarded or authorized the: * Army Achievement Medal * Army Good Conduct Medal (AGCM) * National Defense Service Medal (NDSM) * Army Service Ribbon (ASR) * Overseas Service Ribbon (OSR) * Air Assault Badge * Expert Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar * Army Lapel Button 3. The applicant enlisted in the U.S. Army National Guard (ARNG) on 3 May 1991. On 22 February 1998, he was honorably released from the ARNG and transferred to the USAR. The National Guard Bureau Form 22 (Report of Separation and Record of Service) he received shows he was awarded or authorized the: * ARCAM * ASR * Air Assault Badge * AGCM * Expert Infantryman Badge * Army Achievement Medal * NDSM (2nd Award) * OSR * Army Commendation Medal (ARCOM) * 2 State of New York awards 4. The applicant was ordered to active duty in support of Operation Enduring/Iraqi Freedom and he entered active duty as a member of the USAR on 7 February 2003. Evidence shows he served in Kuwait/Iraq for the period 16 April to 18 December 2003, a period of 8 months and 3 days. 5. The applicant was honorably released from active duty on 25 January 2004. The DD Form 214 he was issued shows he was awarded or authorized the NDSM, Armed Forces Reserve Medal with "M" Device and the ASR. 6. The applicant applied for relief from this Board on 4 November 2014. On 20 August 2015, his DD Form 214 for the period ending 25 January 2004, was corrected by DD Form 215 (Correction to DD Form 214) to show award of the: * Purple Heart * ARCOM * NDSM (2nd Award) * ICM with two bronze service stars * Global War on Terrorism Service Medal (GWOTSM) * Combat Action Badge * Valorous Unit Award REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the 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. 2. Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 3. In view of the foregoing, an ABCMR staff member contacted the applicant to ask if he would prefer to have the GWOTEM in lieu of the ICM with two bronze service stars. The applicant stated he was told while he was in country that he was entitled to the medal and the medal was received by numerous individuals prior to policy changes; therefore, he should be grandfathered in since he served in 2003. 4. Army Regulation 600-8-22 states the ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of annual training (AT) or active duty for training (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. 5. Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the OSR. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. 6. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the OSB. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. Normally not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration. 7. Army Regulation 600-8-22 states the ARCAM is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee. Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995. Beginning on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years. This change is not retroactive. Such years of qualifying service must have been consecutive. A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service. Credit toward earning the award must begin anew after a break in service. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the ARCAM. DISCUSSION: 1. The applicant's request to, in effect, correct his DD Form 214 for the period ending 25 January 2004, to show award of all awards and decorations he is entitled, to include the GWOTEM, ARCOTR, OSB, OSR, and ARCAM has been carefully examined. 2. The evidence shows he completed a qualifying period of service for entitlement to either the ICM with two bronze service stars or the GWOTEM. However, regulatory policy prohibits the award of both medals for the same period of time. His DD Form 214 already lists the ICM with two bronze service stars. The applicant informed an ABCMR staff member that he was led to believe the medal was received by numerous individuals prior to policy changes and he should be grandfathered in since he served in 2003. Notwithstanding his contentions, the applicable regulation states he is not entitled to both awards. 3. The ARCOTR is awarded to members of the RC 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 applicant was ordered to active duty in support of Operation Enduring/Iraqi Freedom. There is no evidence in the applicant's records which shows he completed AT or ADT on foreign soil. 4. The applicant's DD Form 214 for the period ending 2 May 1991 lists the OSR. The applicable regulation states numerals are used to denote the second and subsequent awards of the OSR. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. Unfortunately, the evidence of record does not show he completed the requisite amount of service in Kuwait/Iraq. 5. Army Regulation 670-1, the governing Army regulation, states the OSB is an item for wear on the uniform. Therefore, he is not eligible for correction of his DD Form 214 to show the OSB. 6. The governing regulation clearly denies award of the ARCAM for periods of active duty service as the Soldier is eligible for the AGCM during this period. However, the applicant did not serve the requisite amount of time necessary in order to receive the AGCM (2nd 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) AR20170000420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000420 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2