IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001783 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 IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001783 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 as follows: * awarding him the Army Good Conduct Medal for his period of service from 20 February 2001 to 19 February 2004 * adding the following awards to his DD Form 214 ending on 19 February 2004 – * Army Commendation Medal * Army Good Conduct Medal * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal 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 anything but the aforementioned corrections. ___________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: 20 November 2018 DOCKET NUMBER: AR20170001783 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the: * Naval Presidential Unit Citation * Iraq Campaign Medal (ICM) * Army Commendation Medal (ARCOM) * additional Army Achievement Medals (AAM) * any other awards to which he is entitled 2. The applicant states he served from 19 March 2003 to 19 February 2004 in support of the Global War on Terrorism. For his service in Iraq, he would like all authorized awards. 3. The applicant provides – * Permanent Order 016-00055 dated 16 January 2003 * DA Form 638 (Recommendation for Award) dated 22 August 2003 * Permanent Order 255-01 dated 31 August 2003 * Permanent Order 264-08 dated 21 September 2003 * DA Form 638 dated 25 September 2003 * DD Form 214 * excerpt of web news article titled "Army signal units receive Naval 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. With prior service in the United States Marine Corps, the applicant enlisted in the Regular Army on 20 February 2001 for a 3-year period. 3. Members of the 504th Signal Battalion, 11th Signal Brigade were directed to deploy as a group by Permanent Order 016-00055 in support of Operation Enduring Freedom. The group, including the applicant, was assigned to the forward element of 504th Signal Battalion. The effective date of deployment was on or about 1 February 2003. 4. A review of his Army electronic Enlisted Record Brief shows: a. no entries recording foreign service. b. the following authorized awards and badges: * Army Achievement Medal * Marine Corps Good Conduct Medal * National Defense Service Medal (2nd Award) * Army Service Ribbon * Driver and Mechanic Badge 5. On 19 February 2004, he was released from active duty upon the completion of his required service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was issued a DD Form 214 containing the following information: * Item 12f (Foreign Service) contains the entry: "0001 00 22" * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows among his awards – * Army Achievement Medal (2nd Award) * Marine Corps Good Conduct Medal * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal Item 18 (Remarks) – service in Southwest Asia from 2 May 2002 to 3 July 2002 and from 15 January 2003 to 7 November 2003 6. The applicant’s electronic personnel record did not contain award orders. His record did not contain evidence of a court-martial conviction nor was there a commander’s disqualification statement for the Army Good Conduct Medal. 7. A search of the electronic data base on the U.S. Army Human Resources Command website pertaining to unit awards, shows the applicant’s unit, 69th Signal Company, did not receive a Presidential Unit Citation or any other unit award during his period of service in Kuwait/Iraq. 8. Headquarters, Department of the Army awarded Company D, 86th Signal Battalion the Presidential Unit Citation for the period from 19 March to 1 May 2003 through publication of General Order 2010-22. 9. The applicant provided: a. A DA Form 638 showing he was recommended for an ARCOM by his unit commander, 69th Signal Company, 504th Signal Battalion headquartered at Camp New Jersey, Kuwait. In pertinent part, the recommendation states he served in support of Operation Iraqi Freedom as a team chief. His team provided computer support for classified and unclassified network systems and voice communication support for Logistic Support Area Adder, Iraq. He and his team maintained the network and installed 10,000 feet of cable. He and his team then supported the 86th Signal Battalion at Baghdad International Airport, Iraq. He and his team incurred regular fire from enemy forces. b. He was awarded the ARCOM by Permanent Order 264-08 issued on 15 October 2003 by Headquarters, 11th Signal Brigade (Forward), Camp Doha, Kuwait. The period of the award was from 19 March 2003 to 31 May 2003. c. In anticipation of his release from active duty upon completion of his commitment, his commander at Fort Huachuca, Arizona prepared a DA Form 638 for the applicant's period of service from 2 February 2002 to 19 February 2004. In pertinent part, the recommender stated the applicant served during Operation Iraqi Freedom as a team chief. His team provided initial communication support to Logistic Support Area Adder, Iraq. He then was chosen to lead a team to "assist the 86th Signal Battalion" with communication at Baghdad International Airport, Iraq. He also provided support to Operation Enduring Freedom at Camp As-Alayah, Qatar. d. He was awarded the AAM by Permanent Orders 225-01 issued on 13 August 2003 by Headquarters, 11th Signal Brigade, Fort Huachuca, Arizona. e. He provided a web news article showing members of the 86th Signal Battalion and Company C, 40th Signal Battalion were recognized during an award ceremony at Fort Huachuca, Arizona. The unit was presented with the Naval Presidential Unit Citation for supporting the Marine Expeditionary Force during Operation Iraqi Freedom. In addition, the units received battle streamers for their accomplishments in Iraq. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army General Orders (DAGO). Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. b. Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. A specified period includes 3 years of continuous active service completed after 27 August 1941. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. There can be no record of courts-martial. c. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal, or ICM. 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. d. The ICM is awarded to members who served in direct support of Operation Iraqi Freedom. The ICM period of eligibility is on or after 19 March 2003 through 31 December 2011. Soldiers qualified for the GWOTEM by reasons of service between 19 March 2003 and 30 April 2005, in Iraq, will remain qualified for that medal. Any such Soldier may be awarded the ICM in lieu of the GWOTEM for such service. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) 2. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. 3. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 13 to enter all awards for all periods of service. Check the Soldier's records for validity of awards. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begin its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Permanent orders awarded the applicant the ARCOM. This award was omitted from his DD Form 214. 2. The AAM is a personal decoration, and like all personal decorations, requires a formal recommendation, approval through the chain of command, and announcement in orders. a. His DD Form 214 records the AAM (2nd Award). b. The evidence of record was able to confirm that Permanent orders awarded him one AAM as per the documents he provided. c. The available record does not contain evidence to show he was awarded more than two AAMs. . 3. He completed 3 years of active Federal service and his record does not contain a commander's disqualification statement or a record of court-martial. His record does not contain any disqualifications for award of the Army Good Conduct Medal (1st Award). 4. The applicant's award recommendations show he was in Iraq providing direct support to two geographic locations within the country. He also served during two campaigns. He meets the criteria for award of the ICM with two bronze service stars. This award is not reflected on his DD Form 214. 5. His period of active service in Kuwait/Iraq meets the criteria for award of the GWOTSM, which is not currently reflected on his DD Form 214. 6. He did not provide evidence he was assigned or attached to Company D, 86th Signal Battalion or any of its subordinate units. (As of the date of this Board, his assigned unit, the 69th Signal Company, had not received a unit award for his period of service in Kuwait/Iraq.) //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001783 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001783 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2