ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20170006047 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Bronze Star Medal with “V” Device * Meritorious Service Medal (2nd Award) * Military Outstanding Volunteer Service Medal * German Armed Forces Proficiency Badge (Bronze) * Basic Army Aviation Badge * a bronze service star to his Kosovo Campaign Medal * Joint Service Achievement Medal * Humanitarian Service Medal (3rd Award) * Meritorious Unit Commendation (2nd Award) * Army Superior Unit Award * Army Reserve Overseas Ribbon (4th Award) * Drivers Badge for Tracked Vehicle (T-Bar) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Two DD Forms 149 (Application for Correction of Military Record), dated 15 January 2017 and 18 January 2018 * Enlisted Record Brief (ERB) * Four DD Forms 214, for the period ending 14 August 1990, 5 December 2001, 10 May 2004, and 7 July 2010 * Memorandum for Record, dated 27 August 1994 (Drivers Badge for Tracked Vehicles) * Orders 027-002 (Panama), Orders 201-112 (Germany), Orders 038-194 (Operation Enduring Freedom), Orders 319-157 (Active Duty), and Orders 099- 099 (Operation Iraqi Freedom) * Leave and Earnings Statement (LES) * Two National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service), for the period ending 13 March 2001 and 20 December 2012 * Besitzzeugnis Awards Certificate, dated 11 July 2001 (German Army Proficiency Sports Badge) * Army Superior Unit Award Certificate, dated 7 August 2002 * Memorandum for Record, dated 14 November 2002 (Kosovo Campaign Medal with one bronze service star) * DA Form 638 (Recommendation for Award), Citation, Narrative, Memorandum, and Certificate for the Bronze Star Medal with “V” Device * DA Form 638 and Certificate for the Joint Service Achievement Medal * Joint Service Achievement Medal Certificate, dated 10 June 2003 * Excerpt of DA Form 638 for the “Q” Meritorious Service Medal * DA Form 638 and Certificate for the Meritorious Service Medal * Army Reserve Component Overseas Training Ribbon Certificate, dated 5 April 2009 * DA Form 638, dated 17 March 2010 (Meritorious Service Medal) * Orders 009-016 (Combat Action Badge) * DA Form 638 and Certificate for the Meritorious Service Medal * DD Form 215 (Correction to DD Form 214) * Permanent Orders 191-005, dated 10 July 2010 (Basic Army Aviation Badge) * Permanent Orders 081-19 (Meritorious Unit Commendation) * Memorandum for Record, dated 7 December 2012 (Humanitarian Medal with 2 bronze service stars) * Permanent Order 210-06 (Purple Heart) * Certificate of Achievement * Honorable Discharge Certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states due to administrative errors, he was unable to sign his National Guard Bureau (NGB) Form 22 (Name of Form) for retirement due to five surgeries from the Iraq campaign and his transfer from the 340th Army Reserve to 1st Battalion, 69th Infantry. 3. A review of the applicant’s service record shows he is authorized awards not reflected on his DD Form 214. As a result, these awards will be administratively added and do not require action by the Board. The Board will consider the following awards: * Military Outstanding Volunteer Service Medal * German Armed Forces Proficiency Badge (Bronze) * Meritorious Unit Commendation (2nd Award) 4. The applicant provides: a. Memorandum for Record, dated 27 August 1994, which shows the applicant was awarded the Drivers Badge for Tracked Vehicles. b. An awards certificate, dated 11 July 2001 for the German Army Proficiency Sports Badge. He also provides a certificate for the German Army Proficiency Sports Badge. c. Army Superior Unit Award Certificate, dated 7 August 2002, which shows the 340th Military Police Company (U.S. Army Reserve) was awarded the Army Superior Unit Award for the period 5 May 2001 to 11 November 2001. d. Memorandum for Record, dated 14 November 2002, which shows the applicant is authorized to wear the Kosovo Campaign Medal with one bronze service star for his participation with the 340th Military Police Company from 15 March 2001 to 15 November 2001. e. Memorandum, dated 18 April 2003 which shows the applicant was awarded the Bronze Star Medal with Valor from 17 April 2003 to 18 April 2003. Additionally, he provides a Bronze Star Medal with “V” Device Certificate, dated 20 April 2003 with permanent order number 109-003 assigned. f. Joint Service Achievement Medal Certificate, dated 10 June 2003, which shows he was awarded the Joint Service Achievement Medal and assigned permanent order number 161-07. g. DA Form 638, dated 28 August 2005, which approved his award of the Meritorious Service Medal and assigned permanent order number 265-003. h. Army Reserve Components Overseas Training Ribbon Support Certificate, dated 5 April 2009, which shows the applicant participated in overseas training in Germany from 28 August 1999 through 11 September 1999 and is authorized wear of the Army Reserve Components Overseas Training Ribbon (4th Award). i. DA Form 638, dated 17 March 2010, which approved his award of the Meritorious Service Medal and assigned permanent order number 087-028. j. Permanent Orders 191-005, dated 10 July 2010, which shows the applicant was awarded the Basic Army Aviation Badge from 15 October 2009 to 10 July 2010 while deployed to Operation Iraqi Freedom. k. Memorandum for Record, dated 7 December 2012, which shows the applicant is authorized to wear the Federal Humanitarian Medal with 2 bronze star attachments for his participation in the New York State of Emergency during Operation Hurricane Sandy from 29 October 2012 to 5 November 2012. 5. A review of the applicant’s service record shows: a. He enlisted in the New York Army National Guard (NYARNG) on 20 October 1988. b. He served in: * Macedonia from 11 May 2001 to 14 May 2001 * Kosovo from 14 May 2001 to 5 November 2001 * Kuwait/Iraq/Qatar from 18 April 2003 to 18 April 2004 * Iraq from 10 August 2009 to 12 June 2010 c. His record contains a DA Form 638, dated 18 March 2003 which awarded him the Distinguished Flying Cross. d. His record contains an Air Medal Certificate, dated 20 April 2003 with Permanent Order Number 110-05. e. He entered active duty on 25 June 2009 and was honorably released from active duty and transferred to the NYARNG on 7 July 2010. His DD Form 214, as amended by his DD Form 215, shows he completed 1 year and 16 days of active service. It also shows he was awarded or authorized: * Army Commendation Medal with “V” Device * Army Commendation Medal (3rd Award) * Army Achievement Medal (2nd Award) * Meritorious Unit Commendation * Army Good Conduct Medal * Army Reserve Components Achievement Medal (3rd Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Kosovo Campaign Medal * Humanitarian Service Medal (2nd Award) * Iraq Campaign Medal with campaign star * Noncommissioned Officer Professional Development Ribbon (2nd Award) * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Army Reserve Component Training Ribbon (2nd Award) * NATO Medal * Driver and Mechanic Badge with Driver-Wheeled Vehicle(s) Clasp * German Army Marksmanship Badge (Gold) * German Army Marksmanship Badge (Silver) * Armed Forces Reserve Medal with “M” Device (2nd Award) with Bronze Hour Glass * Purple Heart with one bronze oak leaf cluster 6. By regulation: AR 600-8-22 (Military Awards) a. Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature. To qualify for award of the Military Outstanding Volunteer Service Medal a service member's volunteer service must meet the following requirements: (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature. b. German Armed Forces Proficiency Badge (Bronze), is authorized for acceptance and wear on the Army uniform. c. Meritorious Unit Commendations is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. 7. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. Based upon the documentary evidence provided and found within the military service record, the Board made the following findings: * Bronze Star Medal with “V” Device – GRANT, based upon Permanent Order Number 109-003 found within the applicant’s record * Meritorious Service Medal (2nd Award) – GRANT, based upon the two MSM orders within the applicant’s service record * Military Outstanding Volunteer Service Medal – DENY, based upon insufficient evidence to show the applicant was previously awarded the award. * German Armed Forces Proficiency Badge (Bronze) – DENY, based upon foreign sports proficiency badges are not included on DD Form 214s * Basic Army Aviation Badge – GRANT, based upon Permanent Order Number 191-005 found within the applicant’s service record * Kosovo Campaign Medal with one bronze star – GRANT, based upon the MFR from the applicant’s first GO in his chain of command * Joint Service Achievement Medal – GRANT, based upon Permanent Order Number 161-07 found within the applicant’s record * Humanitarian Service Medal with 2 bronze stars – GRANT, based upon the MFR from the applicant’s O6 commander * Meritorious Unit Commendation (2nd Award) – DENY, based upon insufficient evidence to show the applicant served in a second unit, which was awarded the MUC * Army Superior Unit Award – GRANT, based upon evidence showing the applicant served in 340th MP Company when the unit was earned the ASUA * Army Reserve Overseas Ribbon (4th Award) – GRANT, based upon Order Number 201-112 and the memorandum from the applicant’s commander * Driver and Mechanic Badge with Driver Tracked Vehicle Clasp – GRANT, based upon enclosed MFR from applicant’s commander. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 deleting the Army Reserve Component Overseas Training Ribbon (2nd Award) and adding: * Bronze Star Medal with ”V” Device * Meritorious Service Medal (2nd Award) * Kosovo Campaign Medal with one bronze service star * Joint Service Achievement Medal * Humanitarian Service Medal with 2 bronze stars * Army Superior Unit Award * Army Reserve Component Overseas Training Ribbon (4th Award) * Driver and Mechanic Badge with Driver Tracked Vehicle Clasp * Basic Army Aviation Badge 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 adding the Military Outstanding Volunteer Service Medal, the German Armed Forces Proficiency Badge (Bronze), and adding the second Meritorious Unit Commendation. 3/11/2020 3 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards), provides for the awards of military members. It states for: a. the Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature. To qualify for award of the Military Outstanding Volunteer Service Medal a service member's volunteer service must meet the following requirements: (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature. b. the Meritorious Unit Commendation (previously called the Meritorious Service Unit Plaque) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. Only on rare occasions will a unit larger than a battalion qualify for award of this decoration. For services performed during World War II, awards would be made only to service units and only for services performed between 1 January 1944 and 15 September 1946. Effective 1 March 1961, the Meritorious Unit Commendation was authorized for units and/or detachments for exceptionally meritorious conduct in performance of outstanding services for at least 6 continuous months in support of military operations. Service(s), as used in this paragraph, is interpreted to relate to combat service support type activities and not to the type of activities performed by senior headquarters, combat, or combat support units. Effective 11 September 2001, the Meritorious Unit Commendation is also authorized for combat arms and combat support units and/or detachments. c. German Armed Forces Proficiency Badge is authorized for acceptance and wear on the Army uniform by Appendix D. 3. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.