ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 August 2019 DOCKET NUMBER: AR20180008082 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following: * Medal of Honor * Army Distinguished Service Cross * Silver Star * Defense Superior Service Medal * Army Presidential Unit Citation Ribbon * Army Valorous Unit Award Ribbon * Army Superior Unit Award Ribbon * Army Meritorious Unit Commendation Ribbon * back pay and allowances for the rank of colonel (COL)/O-6 * monetary compensation for damages * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * two DD Forms 214 * Orders Number 07-226-00083 * two DD Forms 215 (Correction to DD Form 214) * two letters from U.S. Army Human Resources Command (HRC) * two letters from the Army Review Boards Agency (ARBA) * Chronological Statement of Retirement Points FACTS: 1. The applicant states: a. He is owed O-6/COL back/retroactive pay, schools (military and civilian), promotions, decorations, tours, training, commands, positions, and monetary compensation for damages. He believes he was illegally kicked out of the U.S. military. He is a staff sergeant and he was charged with awarding decorations to troops in his post in the Army. Therefore, he understands the legal requirements for awarding each decoration. Throughout his service, he has earned the following awards: * Army Presidential Unit Citation Ribbon * Army Valorous Unit Award * Army Superior Unit Award * Army Meritorious Unit Commendation Ribbon b. He served in the 1st Battalion, 30th Infantry, Fort Benning, GA, as part of the 3rd Infantry Brigade. The 3rd Infantry Brigade also deserved the Army Valorous Unit Award Ribbon and Army Meritorious Unit Commendation Ribbon. The 802nd Quartermaster and the 411th Quartermaster, where he was assigned in the U.S. Army Reserve (USAR) from 1 April 2002 until September 2007, deserved the Army Superior Unit Award Ribbon and Army Meritorious Unit Commendation Ribbon. c. The Reserve Officers Training Corps (ROTC) unit of Columbus State University deserved the Army Meritorious Unit Commendation Ribbon. He was in the Columbus State University ROTC from January 2001 until July 2003. He was also in the 1st Battalion, 30th Infantry Division from August 1997 until March 2002. d. The award of the Medal of Honor, he was almost killed over 1000 times during his time in the service. He also uncovered cycles of violence throughout the military and wasteful military spending and reported it all to the Federal Bureau of Investigations. He traveled to Iraq and Afghanistan as an illegally discharged reservist and helped catch terrorists all over both countries. He also aided in the capture of weapons caches in both countries, helped establish the rule of law, and assisted seven defense contractors working directly for the governments, and over a thousand others. e. He spreads the word of the God of Jews, Christians, Muslims, etc., and has done what is unimaginable. He has proved that there is no God of any land other than what nature naturally is. He survived over 400 bombs, mortars, improvised explosive devices, and gunfire in both Iraq and Afghanistan. He had been there physically and spiritually throughout all the wars, including Libya, Syria, and the Global War on Terror. He has been fighting terrorists, extremists, enemy combatants, criminals, dictators, tyrants, illegal activity, etc., since 1995. He gave support to the missions to capture Osama Bin Laden and Saddam Hussein. He had been to Kuwait, Egypt, Iraq, and Afghanistan to fight on behalf of the U.S. He has confronted enemy activity at all levels of International Government and he truly believes it made the world a better place. f. For the following awards: * Purple Heart – he served in the Gulf War in Kuwait from December 1997 to May 1998; he was burned and exposed to dust storms and the enemy; he was also exposed to burns, dust storms, and the enemy in Iraq in 1989 * Distinguished Service Cross – he served his time honorably and dedicated himself to saving lives, not only through his duties as a Soldier, but by teaching his fellow service members to live prosperously and fully * Silver Star – he had to endure spiritual battles like no one on earth ever for exposing that three is no holy spirit, he got attacked spiritually all the time because of his thoughts and beliefs against the Bible * Defense Superior Service Medal – he helped identify the difference between people when they accepted Christianity and when they are worldly by the definition of the Bible and Trinity Broadcasting Network; he is a very spiritual person and served the country honorably by spreading his spirituality g. He is a very spiritual person. He was in the military and still considers himself a part of the military. He has served this country honorably by spreading his spirituality and believes he had earned the aforementioned awards. 2. The applicant provides the following: * two DD Forms 214 * Orders Number 07-226-00083 * two DD Forms 215 * two letters from HRC and ARBA * Chronological Statement of Retirement Points 3. Counsel states: a. The applicant may have other pending ARBA requests. This firm respectfully requests that any pending application be consolidated with this application for the purpose of a single response to the applicant. This will assist the applicant in understanding the Board’s decision as well as deciding if he needs to take additional action. The applicant sent numerous prior applications to the Board and HRC, Awards and Decorations Branch. This firm is assigning only with this present filing. b. On 24 October 2017, HRC denied the applicant’s request for all military awards and reaffirmed that he had earned the awards that they had on file for him, but denied him the additional requested awards. c. On 4 December 2017 and 3 January 2018, ARBA declined to review the applicant’s applications citing a failure to exhaust administrative remedies. On 6 March 2018, HRC denied him the Basic Marksmanship Qualification Badge and directed him to apply to ARBA for the additional relief he requested and to appeal their decision. d. On 6 April 2018, ARBA denied the applicant’s request for the Army Commendation Medal, Army Achievement Medal, two additional Army Good Conduct Medals, and the Grenade Badge with Grenade Bar. e. The applicant has submitted letters to the Chief of Staff of the Army, the Secretary of the Army, and directly to HRC, Awards and Decorations Branch. His requested relief has included a request for all medals. HRC denied that request. The HRC affirmed that he is entitled` to only the awards and decorations that are currently are part of his record. Based on the decision, the applicant respectfully request that ARBA accept and consider his request articulates in his personal statement. He will consider the response to this application a final response on these issues. 4. Review of the applicant’s service record shows: a. He enlisted in the Regular Army on 13 March 1997. He held military occupational specialty 92G (Food Service Specialist). He served continuously on active duty through two reenlistments until he was honorably released from active duty on 8 March 2002. He was transferred to the USAR Control Group (Reinforcements). His DD Form 214 shows he completed 4 years, 11 months, and 26 days of active service. This form also shows he was awarded/authorized the: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * Armed Forces Expeditionary Medal * Army Lapel Button * Noncommissioned Officers Professional Development Ribbon * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar b. He was ordered to active duty in support of Operation Enduring Freedom and entered active duty on 15 March 2003. He was honorably released from active duty on 6 June 2003 and was transferred to a Reserve unit. His DD Form 214 shows completed 2 months and 22 days of active duty. This form also shows he was awarded/authorized the: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * [Global] War on Terrorism Service Medal * Armed Forces Reserve Medal with “M” Device * Noncommissioned Officers Professional Development Ribbon * Army Service Ribbon * Army Lapel Button * Sharpshooter Marksmanship Qualification Badge with Rifle Bar c. On 21 April 2004, he was issued a DD Form 215 amending his DD Form 214, for the period ending on 6 June 2003, to shows the Global War on Terrorism Service Medal instead of the War on Terrorism Service Medal. d. Orders Number 087-226-00083, issued by Headquarters, 81st Regional Readiness Command, Birmingham,, AL on 14 August 2007, announced his honorable discharge from the USAR effective 13 September 2007. The orders list his rank/pay grade as staff sergeant/E-6. e. On 9 December 2016, ABCMR determined that the DFAS records showed he received hostile fire pay for in Kuwait from 11 January through 5 May 1998 and for service in Egypt from 10 October through 11 November 1999, a total period of 4 months and 27 days. The Board directed correction to his DD Form 214 to show this service. f. On 6 March 2017, he was issued a DD Form 215 amending his DD Form 214, for the period ending on 8 March 2002, by adding the entries: * Service in Kuwait from 19980111 through 19980505 * Service in Egypt from 19991010 through 19991111 g. On 24 October 2017, HRC, in response to his letter to the Chief of Staff of the Army, advised him that based on a review of his records he was only entitled to the awards already listed on his DD Form 214. h. On 4 December 2017, ARBA, in response to his application requesting various awards that he should have received after 1 October 2002, advised him that he had not exhausted all available administrative remedies; therefore, his application was being referred to HRC, Awards and Decorations Branch. i. On 3 January 2018, ARBA, in response to his application requesting various awards, again advised him that he had not exhausted all available administrative remedies; therefore, his application was being referred to HRC, Awards and Decorations Branch. j On 6 March 2018, HRC, in response to his letter desiring to obtain a Basic Marksmanship Qualification Badge with service ribbons and strips, advised him that based on the documentation he included and a review of his records they were unable to locate documentation reflecting his proficiency in a weapons qualification course for the grenade bar. The letter also advised that he was entitled to the Army Service Ribbon that was reflected on his DD Form 214. k. His Chronological Statement of Retirement Points, dated 31 March 2018, shows he completed 10 years, 9 months, and 5 days of qualifying service as of 13 September 2007. l. On 6 April 2018, ARBA, in response to his application dated 5 October 2017, advised him that a review of his application indicated he had not provided sufficient evidence to substantiate his request and his case was being closed without Board action. 5. By regulation (AR 600-8-22): a. Award of the Army Commendation Medal and Army Achievement Medal require a formal recommendation, approval through the chain of command, and announcement in orders. b. Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service. c. Medal of Honor is awarded for gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States. d. Purple Heart requires the submission of substantiating evidence to verify: * the injury/wound was the result of hostile action * the injury/wound must have required treatment by personnel * the medical treatment must have been made a matter of official record e. Distinguished Service Cross is awarded for extraordinary heroism not justifying the award of a Medal of Honor; while engaged in an action against an enemy of the United States. f. Silver Star is awarded for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force. g. Defense Superior Service Medal is awarded for superior meritorious service in a position of significant responsibility. It is awarded by the Secretary of Defense. 6. By law (Title 31, U.S. Code, section 3702 (Barring Status), prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. 7. By regulation (AR 15-185), applicant do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record of the applicant, the Board concluded that there was insufficient evidence to show that the applicant was ever submitted for and awarded any of the requested awards. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Army Regulation (AR) 600-8-22 (Military Awards), in effect at the time, governed the eligibility and award authority of all awards and decorations for issued to members of the U.S. Army. The regulation stated the: a. Army Commendation Medal (ARCOM) is awarded to any Service member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Award of the ARCOM is done through military orders and a certificate. b. Army Achievement Medal (AAM) is awarded to members of the Armed Forces of the United States who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the ARCOM. c. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the ARCOM and AAM. d. Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service beginning on or after 1 September 1982. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. e. Medal of Honor is awarded by the President of the United States in the name of Congress to a person who, while a member of the Army, distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an 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 against an opposing armed force in which the United States is not a belligerent party. f. Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. (1) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. (2) Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. g. Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a Medal of Honor; while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing or foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from their comrades. h. Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an 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 armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. i. Defense Superior Service Medal is awarded by the Secretary of Defense to service members of the Armed Forces of the United States who, after 6 February 1976, rendered superior meritorious service in a position of significant responsibility. 2. Title 31, U.S. Code, section 3702, also known as the barring statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U.S. Code, is relieving the Government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. ABCMR Record of Proceedings (cont) AR20180008082 8 1