ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20170011934 APPLICANT REQUESTS: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * award of the Armed Forces Expeditionary Medal (AFEM) and Army Achievement Medal (AAM) * completion of National Training Center training * service in Kuwait * his separation date as 25 January 2001 in lieu of 11 November 2000 b. removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), date unspecified, from his Army Military Human Resource Record (AMHRR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 11 and 26 May 2017 * Certificate of Achievement, AFEM, undated * DA Form 638 (Recommendation for Award) with Permanent Order Number 322-09, dated 18 November 1998 (Army Achievement Medal (AAM)) * Memorandum, Headquarters, U.S. Army Medical Department Activity, dated 24 October 2000, subject: (Applicant) REFERENCES: 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. 2. Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to administration of military justice. Paragraph 3-37b(1) states for Soldiers in the rank of specialist or corporal and below (prior to punishment), the original DA Form 2627 will be filed locally in unit nonjudicial punishment files. Such locally filed originals will be destroyed at the end of 2 years from the date of imposition of punishment or on the Soldier's transfer to another general court-martial convening authority, whichever occurs first. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-35 states campaign, expeditionary, and service medals will not be published in orders to announce their approval. However, approval of campaign, expeditionary, and service medals is based on administrative determinations rendered by the commander or servicing personnel officer. These decisions should be reflected on a Soldier's Enlisted Record Brief and when required, a memorandum is completed and uploaded in the Soldier's AMHRR. b. Table 2-3 shows the AFEM is authorized for service in Southwest Asia in support of Operation Desert Spring during the period 31 December 1998 to 18 March 2003. Soldiers who deployed to Southwest Asia in support of Operation Desert Spring between 11 September 2001 and 18 March 2003 may elect to receive either the AFEM or the Global War on Terrorism Expeditionary Medal for their service, but only one award is authorized for the same period of service. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. 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. The specific instructions for completing the DD Form 214 stated for: a. item 12b (Separation Date This Period), enter the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, is extended for make up of lost time, or is retained on active duty for the convenience of the Government; b. item 12f (Foreign Service), from the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214; c. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), 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. Do not use abbreviations; d. item 14 (Military Education), from the Enlisted Record Brief, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills; and e. item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD).'' FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. His DD Form 214 does not show: * all medals and citations * he was ordered to deploy to Kuwait from April 2000 to August 2000 with the 1st Battalion, 9th Cavalry Regiment (Headhunters), 3d Armored Brigade Combat Team (Greywolf) * he performed duty or trained at the National Training Center * he deployed to Kuwait b. He believes he was unjustly punished for attending his older brother's funeral in November 1999. The American Red Cross notified his unit of his brother's death. He was afforded emergency leave travel to attend the funeral in XXX. While in XXX, his family asked him to escort his brother's body to their home country of XXX. His first sergeant gave him verbal permission over the telephone for 2 weeks of additional leave. He did not have a signed written permission or a statement to confirm the telephone conversation. Upon return to his unit, he received nonjudicial punishment for being absent without leave. His first sergeant denied giving him permission for a leave extension to travel overseas. c. He contracted malaria while he was in XXX without knowing it until the symptoms began to manifest upon his return to his unit. He became extremely ill and the Carl R. Darnell Army Medical Center at Fort Hood wanted to know why he wasn't given a malaria vaccine or why his unit didn't follow proper protocol by ensuring his health safety before allowing him to travel overseas. d. Lieutenant Colonel X____ X____, Chief of Orthopedic Services at Headquarters, U.S. Army Medical Department Activity, Fort Hood, TX, requested approval of a 3- month extension on active duty form him to receive physical therapy for an injury he sustained in a motor vehicle accident on 16 September 2000, thereby reasonably extending his separation date to 24 January 2001. His current DD Form 214 shows his separation date as 11 November 2000. e. He is experiencing difficulty obtaining veterans' benefits due to the lack of evidence. 3. He provided a DA Form 638 showing he was awarded the AAM for meritorious achievement while supporting operations for individual readiness training during the period 4 May 1998 to 15 June 1998 in 2d Battalion, 82d Field Artillery Regiment, 1st Cavalry Division, Fort Hood, TX, Permanent Order Number 322-09, dated 18 November 1998. 4. The applicant was serving below the rank of specialist in 1999 when he alleges he received nonjudicial punishment. His AMHRR does not contain a DA Form 2627. 5. He provided an undated Certificate of Achievement showing he was awarded the AFEM for meritorious service as a member of Task Force, 1st Battalion (Headhunters), 9th Cavalry Regiment, during its deployment to Kuwait for Operation Desert Spring (Exercise Intrinsic Action 00-02). The inclusive deployment dates are not specified. 6. His AMHRR does not contain deployment/temporary change of station orders showing a duty location or period of service. 7. He provided a memorandum from the Chief, Orthopedic Services, Headquarters, U.S. Army Medical Department Activity, Fort hood, TX, dated 24 October 2000, stating he had surgery on 16 September 2000 and he will be undergoing physical therapy treatment for a period of 3 months. The Chief, Orthopedic Services, requested approval of a 3-month extension on active duty to allow the applicant to obtain the optimum rehabilitation. 8. His AMHRR does not contain an approved extension on active duty for medical treatment beyond his scheduled separation date. 9. His AMHRR does not contain an Enlisted Record Brief. 10. His AMHRR contains a DA Form 2-1 (Personnel Qualification Record – Part II) showing in: * item 5 (Oversea Service) – no entries * item 9 (Awards, Decorations, and Campaigns) – * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * item 17 (Civilian Education and Military Schools) – no military training 11. On 11 November 2000, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years of active service during this period. His DD Form 214 shows in: * item 12b – he was released from active duty on 11 November 2000 * item 12f – no foreign service credit during this period * item 13 – he was awarded or authorized the – * Army Lapel Button * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * item 14 – no qualifying military training during this period * item 18 – no deployed service during this period BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, and evidence in the records. The Board considered the applicant’s statement, his service records, the undated Certificate of Achievement reflecting an AFEM, the absence of orders awarding the AFEM, the absence of a record of non-judicial punishment in his AMHRR, the absence of deployment orders or pay records indicating deployment and the absence of orders extending his separation date. The Board found permanent orders awarding the applicant an AAM that does not appear on his DD Form 214. The Board did not find sufficient evidence to confirm a deployment to Kuwait, orders in support of an award of the AFEM, evidence to support completion of NTC training on a DD Form 214 or documentation to show that the applicant served on active duty subsequent to the separation date reflected on his DD Form 214. Based on a preponderance of evidence, the Board determined one correction to the applicant’s DD Form 214 was required. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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 amending his DD Form 214 for the period of service ending to add to item 13 (DECORATIONS, MEDALS. BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) – “Army Achievement 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 corrections in excess of the correction noted above. 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. ADMINISTRATIVE NOTE(S): N/A //NOTHING FOLLOWS// ABCMR Record of Proceedings (continued) AR20190011305 6 1