ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 September 2020 DOCKET NUMBER: AR20190011767 APPLICANT REQUESTS: reconsideration of * adding his awards and medals from his deployment at Iraq in effect: o Army Achievement Medal (AAM) for End of Tour Service o AAM for his deployment to Iraq o Army Good Conduct Medal (AGCM) o Iraq [Campaign] Medal * correcting his rank/grade to Specialist (SPC)/ E-4 on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 April 2004 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 April 2004 * Personnel and Readiness Letter on Stop Loss, dated 27 September 2010 * Memorandum from the applicant’s supervisor, dated 5 May 2019 * Department of Defense/Uniformed Services Identification and Privilege Card FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2005001755 on 24 August 2006. 2. The applicant states his record is in error because he came back from Iraq due to his Expired Term of Service, and his unit was still in Iraq that would have submitted him for his medals and updated rank. The mistake was made years ago. He submits a statement from his squad leader and military stop loss notice [as his new evidence for consideration]. 3. A review of the applicant’s service records show the following: a. On 13 April 2001, he enlisted in the Regular Army. b. From 1 April 2003 to 17 December 2003, he served in Iraq in support of Operation IRAQI FREEDOM (OIF). c. On 12 April 2004 (DD Form 214) he was honorably released from active duty after completing 3 years of creditable active service. Item 4a (Grade, Rate or Rank) shows the entry “PFC,” item 5b (Pay Grade) shows the entry “E3,” and ite, 12h (Effective Date of Pay Grade) shows “1 July 2003.” d. His records are void of documents pertaining to his promotion or denying his promotion to SPC/ E-4. e. His previous case ABCMR Docket AR20050017555, the Defense Finance and Accounting Service (DFAS) confirmed the applicant’s rank upon separation from active duty was PFC/ E-3. f. The applicant petitioned the Board in ABCMR Docket AR20050017555 on 2 December 2005. The Board determined evidence was sufficient to warrant a partial relief. Due to his service in Iraq from 1 April 2003 to 17 December 2003, his DD Form 214 should be amended in item 18 to add “Service in Iraq from 1 April 2003 through 17 December 2003,” and awards to be added were: Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM). The Board also determined there was insufficient evidence to warrant his promotion to SPC/E-4. g. On 12 July 2006, the Director of the ABMCR sent the applicant a letter requesting he notify the ABMCR in writing on his decision to receive either the GWOTEM or Iraq Campaign Medal. h. On 22 July 2006, the applicant sent a letter to the ABCMR and said he would like the GWOTEM. i. The applicant’s record is void of a DD Form 215 (Correction to DD Form 214) showing his deployment to Iraq in item 18 and awards of GWOTEM and GWOTSM. in item 13. 4. The applicant provides: a. DD Form 214 (see 3b. above). b. Memorandum from the Under Secretary of Defense, dated 27 September 2010, that addressed the applicant as a SPC, indicating he may qualify for Retroactive Stop Loss Special Pay. c. Letter from the applicant’s first line supervisor, dated 5 May 2019, attesting to the fact that the applicant was a SPC when he left the military and described the applicant’s responsibilities and heroic efforts while deployed to Iraq from 2003-2004. He also lists the awards and decorations the applicant earned to include: * AAM for End of Tour Service * AAM for his deployment to Iraq * AGCM * Army Service Ribbon * Iraq Service Medal * Global War on Terrorism Expeditionary Medal d. Department of Defense/Uniformed Services Identification and Privilege Card reflecting the applicant’s grade as SPC/E-4 5. See References below. BOARD DISCUSSION: After review of the application and all evidence, and in consideration of the Administrative Notes below the signature, the Board determined that there is sufficient evidence to grant partial relief and amend ABCMR's decision in Docket Number AR2005001755 on 24 August 2006. Aside from the Administrative Notes correcting the applicant’s authorized medals and service credit from his deployment to Iraq, the Board determined that no other relief was warranted. No documentation was provided or found within the record showing the applicant was ever awarded the AAM or the AGCM or that he was ever promoted to the rank/grade SPC/E-4. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In consideration of the Administrative Notes below the signature, the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief to amend the ABCMR's decision in Docket Number AR2005001755 on 24 August 2006. 1. As a result, the Board recommends approving the Administrative Notes. 2. The Board recommends denial of the applicant’s request for two AAMs and correction of rank. 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 NOTES: 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 April 2004, by: a. adding the following awards: * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal Award b. Adding in item 18 (Remarks): Service in Iraq from 1 April 2003 through 17 December 2003 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DD Form 214 * ABCMR Docket AR20050017555 3. Correct the applicant’s DD Form 214 to add the corrections and awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. 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 600–8–19 (Enlisted Promotions and Reductions) states promotions to PV2, PFC, and SPC will be made automatically by the Total Army Personnel database for posting to the SIDPERS personnel file and the master military pay file. Eligibility criteria for automatic promotion to SPC: the requirements are 24 months time in service and 6 months time in grade. Soldiers must not be flagged or barred from reenlistment. Any soldier reduced must be fully qualified (without waiver) for promotion to the next higher grade. If a unit commander elects not to recommend a soldier for promotion on the automatic promotion date, then a DA Form 4187 denying the promotion will be submitted not later than the 20th day of the month preceding the month of automatic promotion. A DA Form 4187 will not be prepared for soldiers who are automatically promoted. 3. AR 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service. Source documents will consist of ERB/ORB and all available records when preparing DD Form 214. Item 4(a) enter the grade in which serving at the time of separation. Item 12 (h) enter the DOR for the grade shown in 4a. 4. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Global War on Terrorism Expeditionary Medal (GWOTEM) was established by Executive Order 13289, 12 March 2003. It is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined. Initial award of the GWOTEM. Limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM, Iraq. b. The Iraq Campaign Medal was authorized by Public Law 108–234, 28 May 2004 and Executive Order 13363, 29 November 2004, as amended by Executive Order 13289, 12 March 2003. Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF). The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement or period of service. d. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days. Under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. c. The AGCM is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes himself or herself from among his or her fellow soldiers by their exemplary conduct efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service, as outlined in this chapter. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. d. The AAM is awarded to any member of the Armed Forces of the United States who while serving in any capacity with the Army in a noncombat area donor after 1 August 1981, distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 5. Title 10 USC Section 1130 is intended to provide Members of Congress the ability to intervene in the awards process when it is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. While these provisions are an administrative remedy, they do not need to be considered an administrative remedy that an applicant must exhaust for ABCMR purposes. Based on the foregoing, applications requesting personal decorations that contain no evidence that the award was recommended or awarded during military service will be processed for consideration by the Board. This policy is waived in cases where there is sufficient evidence in the available records leading the analyst to believe the applicant may be able to provide additional corroborating evidence to support his request. In these cases, use of the 10 USC 1130 letter and processing under these provisions may be appropriate prior to consideration by the Board. Those applications in which the applicants indicate they received an award will also be processed through the Board and are not eligible for consideration under 10 USC 1130 provisions. //NOTHING FOLLOWS/// ABCMR Record of Proceedings (cont) AR20190011767 6 1