ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20180002201 APPLICANT REQUESTS: reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. block 12f (Foreign Service) – his overseas service in Iraq from December 2003 through June 2004 and from August 2005 through March 2006, b. block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal * Combat Action Badge * Valorous Unit Award * two overseas service bars c. As a new issue, correction of block 14 (Military Education) – to show his completion of Basic Combat Training and Advanced Individual Training. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record), dated 31 December 2017 * Self-authored Statements, undated * Army Regulation 600-8-22 (Military Awards) extracts * 1st Battalion, 22nd Infantry Medals and Awards List * Department of Veteran Affairs (VA) Medical Records extracts * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, ABCMR Docket Number AR20160006102, dated 1 March 2018 * DD Form 214 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20160006102 on 1 March 2018. 2. The applicant provided new arguments and evidence not previously considered that warrant consideration at this time. 3. The applicant states: a. He was deployed to Iraq during Operations Enduring Freedom/Iraqi Freedom from approximately December 2003 through June 2004 and from August 2005 through March 2006. b. His DD Form 214 does not list all the awards he believes he is entitled. c. He attended Basic Combat Training at Fort Benning, GA, starting on or about 15 July 2003. He attended Advanced Individual Training at Fort Lee, VA, in the fall of 2003, after which he was immediately deployed to Iraq. d. His unit received a number of awards that are not listed on his DD Form 214. e. He served in Iraq for an estimated 375 to 434 accumulated days and he believes he met the criteria for two overseas service bars for his accumulated service of over 12 months in a combat zone. 4. The applicant has not provided any evidence showing he has exhausted his administrative remedy with regard to the Combat Action Badge with the U.S. Army Human Resources Command as instructed earlier by the Board. 5. The Board will consider the applicant's request for correction of his DD Form 214 to show in: a. block 12f – his overseas service in Iraq from December 2003 through June 2004 and from August 2005 through March 2006, b. block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), award of the – * Valorous Unit Award * two overseas service bars c. block 14 (Military Education) – to show his completion of Basic Combat Training and Advanced Individual Training. 6. The applicant enlisted in the Regular Army on 15 July 2003 for a period of 3 years. He completed training and he was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist). 7. His Enlisted Record Brief shows in: a. Section I (Assignment Information) – Overseas/Deployment Combat Duty – no entries (blank), b. Section VI (Military Education) – no entries (blank), c. Section VIII (Awards and Decorations) – National Defense Service Medal and Global War on Terrorism Service Medal, and d. Section IX (Assignment Information) – he was assigned to Headquarters and Headquarters Company and Company B, 1st Battalion, 22nd Infantry, Fort Hood, TX, from January 2004 to March 2006. 8. The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 1 January 2004 to 31 March 2004 and from 1 December 2005 to 28 February 2006 for service in Kuwait. 9. On 30 March 2006, the applicant was honorably discharged. His DD Form 214 shows in: a. block 11 (Primary Specialty) – 92Y10, Unit Supply Specialist; 2 years and 5 months, b. block 12f (Foreign Service) – 0000 00 000, c. block 13 – he was awarded or authorized the: (1) National Defense Service Medal (2) Global War on Terrorism Service Medal (3) Army Service Ribbon d. block 14 – no entry of any training, and e. block 18 (Remarks) – not entry of any deployment information. 10. The applicant provided copies of: a. a listing of possible awards for veterans previously assigned to 1st Battalion, 22nd Infantry, from 1866 through 2014. Specifically, the applicant highlighted the Fort Hood Era for the period 1996 through 2009 with award of the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Combat Action Badge, Overseas Service Bar, and Army Service Ribbon. b. VA medical record extracts for the period December 2006 through November 2015 that show his treatments and diagnosed conditions of degenerative joint disease, hyperglycemia, post-traumatic stress disorder, and adjustment disorder with mixed disturbance of emotions and conduct. 11. On 1 March 2018 and in ABCMR Docket Number AR20160006102, the ABCMR partially granted the applicant's request by: a. directing the correction of his records to show in: (1) block 12f – his foreign service of 5 months and 29 days, (2) block 13 – award of the Iraq Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal, (3) block 18 (Remarks) – adding the entries "SERVICE IN KUWAIT/IRAQ FROM 20040101-20040331" and "SERVICE IN IRAQ FROM 20051201-20060228," and b. advising the applicant to submit his request for retroactive award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command. 12. On 5 April 2018, the applicant was issued a DD Form 215 (Correction to DD Form 214) showing the corrections directed by the Board. His DD Form 215 shows in: a. block 12f, his foreign service as 5 months and 29 days, b. block 13, his award of the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Expeditionary Medal, and c. block 18, his service in Kuwait/Iraq from 20040101-20040331 and service in Iraq from 20051201-20060228. 13. Index 2 of the U.S. Army Human Resources Command published list of Department of the Army General Orders for the Global War on Terror – Unit Awards for the period 2001 to present: a. does not contain orders awarding the Valorous Unit Award to Headquarters and Headquarters Company and Company B, 1st Battalion, 22nd Infantry, while the applicant was assigned to the units during the periods applicant was in Kuwait and Iraq January 2004 through March 2006. b. shows Headquarters and Headquarters Company, 1st Battalion, 22nd Infantry; Company B, 1st Battalion, 22d Infantry; Company D, 1st Battalion, 22nd Infantry; Company E, 4th Support Battalion, were awarded the Meritorious Unit Commendation for the period 1 October 2005 to 20 September 2006, a period in which the applicant was assigned. 14. The applicant's DD Form 214 will be administratively corrected to show his award of the Meritorious Unit Commendation Medal. 15. The applicant's combined periods of service in the Central Command (CENTCOM) area of operations did not meet the minimum 6-month requirement for award of the overseas service bar. 16. The applicant completed Basic Combat Training (24 July 2003 to 25 September 2003) and Advanced Individual Training (26 September 2003 to 21 December 2003). 17. The available records are void of any evidence he was deployed to Iraq in 2003. BOARD DISCUSSION: 1. After review of the application, supporting documents, the applicant’s military records, and the facts above, the Board determined there is sufficient evidence to grant partial relief. The applicant’s DD Form 214 for the period ending 30 March 2006 should show in block 14 (Military Education) he completed Basic Combat Training (24 July 2003 to 25 September 2003) and Advanced Individual Training (26 September 2003 to 21 December 2003). 2. There is insufficient evidence to show that the applicant had overseas service in Iraq from December 2003 through June 2004 and from August 2005 through March 2006. 3. The applicant requested award of the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal. However, the DD Form 215 issued 5 April 2018 shows these awards have already been added to his DD Form 214 for the period ending 30 March 2006. 4. The applicant requested award of the Combat Action Badge (CAB). However, there is no evidence that he applied to the U.S. Army Human Resources Command for the CAB as instructed earlier by the Board. 5. The Valorous Unit Award for the unit in which he was assigned was only for the period 16 August 2006 to 25 June 2007. The applicant was not in that unit during times for which the Valorous Unit Award was authorized. 6. The applicant did not have sufficient time overseas to qualify for an Overseas Service Bar. One overseas service bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service outside the Continental United States for participation in specific operations on specific dates. The applicant’s records have insufficient evidence that he met this requirement. 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: a. Showing on his DD Form 214 for the period ending 30 March 2006 in block 14 (Military Education) he completed Basic Combat Training (24 July 2003 to 25 September 2003) and Advanced Individual Training (26 September 2003 to 21 December 2003) b. Executing the actions described in Administrative Note(s) below for award of the Meritorious Unit Commendation. 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 in excess of the recommended relief in the paragraph 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): The applicant served in Headquarters and Headquarters Company and Company B, 1st Battalion, 22nd Infantry, Fort Hood, TX, from January 2004 to March 2006, and during a period the units were awarded the Meritorious Unit Commendation. His DD Form 214 does not show his award of the Meritorious Unit Commendation. 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 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), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on 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 specific instructions for: a. block 12f, from the Enlisted Record Brief/Officer Record Brief, to enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period). b. block 13, to 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 record. Do not use abbreviations. c. block 14, from the Enlisted Record Brief/Officer Record Brief, list formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214. (As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses.) 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. d. block 18 is used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available, and as a continuation of entries for blocks 11, 13, and 14. e. A new DD Form 214 is only issued when corrections can no longer be made using a DD Form 215. 3. The record brief is a one-page Army form that provides a summary of a Soldier's qualifications and career history. The record brief is updated frequently and is used as a supporting document throughout a Soldier's career. Human resources professionals use the record brief as a source document for various personnel actions. Information found on the record brief includes but is not limited to: assignment history, awards and decorations, civilian education, military education, etc. Some of the information found on the Record Brief is manually added by the human resources professional through the Record Brief Application. Information is also pulled from the following data sources: * Army Training Requirements and Resource System (ATRRS) * Department of the Army Photograph Management System (DAPMIS) * Defense Enrollment Eligibility Reporting System (DEERS) * Keystone System (Keystone) * Medical Protection System (MEDPROS) * Standard Installation/Division Personnel System (SIDPERS) 4. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the overseas service bar. It states, in part, one overseas service bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service outside the Continental United States for participation in: a. Operation Enduring Freedom, in the CENTCOM area of operations, and under the control of the Combatant Commander, CENTCOM, between 11 September 2001 and 31 December 2014; from 7 December 1941 until 2 September 1946, both dates inclusive. An overseas service bar is not authorized for a fraction of a 6-month period. The months of arrival to and departure from the CENTCOM area of operations are counted as whole months. b. Operation Iraqi Freedom, in the CENTCOM area of operations, and under the control of the Combatant Commander, CENTCOM, between 19 March 2003 and 31 August 2010. The months of arrival to, and departure from the CENTCOM area of operations are counted as whole months. 5. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. Extended periods of combat duty or participation in a large number of operational missions, either ground or air, is not sufficient. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002201 7 1