ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 September 2019 DOCKET NUMBER: AR20180001694 APPLICANT REQUESTS: corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his NGB Form 22 (Report of Separation and Record of Service) to reflect his second Bronze Star Medal (BSM) and active service time. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two DA Forms 638 (Recommendation for Award) for Bronze Star Medals * Two Bronze Star Medal Certificates * Three DD Forms 214 * NGB Form 22 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 his prior active service annotated on his NGB Form 22 is incorrect. His active duty time for Operation Noble Eagle (Title 10) was not included for the period of 2 October 2001 to 22 May 2002 (7 months and 21 days). The service record also captured the wrong dates for Operation Enduring Freedom (OEF)/Operation Iraqi Freedom (OIF) from 7 July 2002 to 13 October 2003 and it should read 7 July 2002 to 1 November 2003. He was awarded two BSMs for his deployment and only one was annotated on his record. 3. The applicant provides: a. DA Form 638, dated 4 December 2002, for a BSM with accompanying certificate which states, for meritorious service while deployed to Bagram, Afghanistan, in support of Operation Enduring Freedom for the period of 21 July 2002 to 13 January 2003. b. DA Form 638, dated 15 July 2003, for BSM (1st Oak Leaf Cluster) with accompanying certificate which states, for meritorious service in support of Operation Iraqi Freedom from 1 April 2003 to 14 July 2003. 4. A review of the applicant’s service record shows: a. Having had prior enlisted service, he was appointed as a Reserve commissioned officer and executed an oath of office on 25 January 1990. b. He entered active duty and performed under Title 32 from 2 October 2001 to 31 May 2002. The DD Form 214 shows inconsistent dates in Block 12b. (Separation Date this Period) and Block 18 (Remarks). The separation date is captured as 22 May 2002. c. Orders 135-117, dated 15 May 2002, amended orders 106279 to adjust temporary duty (TDY) period from 29 March 2002 to 22 May 2002 to read 29 March 2002 to 31 May 2002. The orders further indicated it was not an Active Guard Reserve (AGR) tour, but it was in support of National Guard Airport Security Operations. d. He again entered active duty in support of Operation Enduring Freedom and served in Afghanistan from 12 August 2002 to 8 February 2003. He then provided support to Operation Iraqi Freedom by serving in Kuwait/Iraq from 1 April 2003 to 12 September 2003. e. On 1 November 2003, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized: * Bronze Star Medal * Army Commendation Medal (5th Award) * Army Achievement Medal (5th Award) * Army Good Conduct Medal * Army Reserve Component Achievement Medal (5th Award) * National Defense Service Medal (2nd Award) * Humanitarian Service Medal * Armed Forces Reserve Medal with 10 Year Device * Armed Forces Reserve Medal with M Device * Noncommissioned Officers Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon * Army Reserve Component Overseas Training Ribbon (3rd Award) f. On 1 April 2006, he was honorably retired from the Massachusetts Army National Guard. Block 18 (Remarks) of the NGB Form 22 noted active service periods: * 27 September 1989 to 24 January 1990 * 24 March 1991 to 10 July 1991 * 2 October 2001 to 22 Mary 2002 * 7 July 2002 to 13 October 2003 * 3 September 2005 to 5 September 2005 5. A review of the applicant’s record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider administrative corrections for active service. 6. With respect to the NGB Form 22, paragraph 2-5, Section II, Army Regulation (AR) 15-185 (ABCMR), the regulation under which this Board operates, states that the Board will not consider any application if it determines that an applicant has not exhausted all administrative remedies available to him/her. There is no evidence that the applicant petitioned the State Adjutant General or the National Guard Bureau for correction of his State Form and was denied relief. 7. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded there was sufficient evidence to show the applicant had previously received two Bronze Star Medals and the DD Form 214 of the applicant currently shows only one. For that reason, the Board recommends adding an additional Bronze Star Medal to the applicant’s DD Form 214. The Board agreed the NGB Form 22 is a state form. Therefore, the Board recommends to the applicant to receive relief concerning that document, the applicant should address updating that form with the State or the NGB. 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding a second Bronze Star 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 any modification to the NGB Form 22. 10/3/2019 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 635-5 (Separation Documents – Personnel Separations) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 4