IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220006275 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 October 2002 to show his overseas service in Uzbekistan. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Master Military Pay Account Printout, December 2001 and December 2002 * 5th Special Forces Group (SFG) (Airborne) Orders D 99056, 6 January 2002 * Witness Statement, 30 November 2021 FACTS: 1. The applicant did not file within the 3-year time frame 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 he was serving as a U.S. Army Reserve Individual Mobilization Augmentee (IMA) assigned to U.S. Army Special Forces Command (Airborne), Fort Bragg, NC, when he was ordered to active duty with a reporting date of 8 October 2001. a. On or about 6 November 2001, he was attached to the 5th SFG (Airborne) for temporary duty and deployed to Camp Stronghold Freedom, Karshi-Khanabad Air Base, Uzbekistan, and further attached to Task Force Dagger. b. As an IMA assigned to an active duty unit, he understands an IMA only keeps a temporary file at the unit; the permanent file is maintained at the U.S. Army Human Resources Command (HRC). He believes the orders deploying him to Camp Stronghold Freedom were issued by the 5th SFG (Airborne) and never made to his permanent file that was used to prepare his DD Form 214. He first discovered the omission of his overseas tour of duty in June 2021 when he applied for membership in the Veterans of Foreign Wars. 3. His military records show he enlisted in the Army National Guard on 15 November 1964. He entered active duty on 15 February 1965. 4. He was honorably released from active duty to the Florida Army National Guard of after completing his initial active duty training on 15 August 1965. His DD Form 214 for this period shows in: * item 24a(1) (Net Service This Period) – 6 months (should show 6 months and 1 day) * item 24a(2) (Other Service) – 3 months * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – "NONE" 5. Headquarters, First U.S. Army, Permanent Orders 29-1, 18 March 1982, awarded him the Master Parachutist Badge effective 17 March 1982. 6. U.S. Army John F. Kennedy Special Warfare Center Permanent Orders 162-7, 25 September 1984, awarded him the Special Forces Tab effective 25 September 1984. 7. His NGB Form 22 (Report of Separation and Record of Service) for the period ending 14 March 1986 shows in: * item 9 (Command to Which Transferred) – U.S. Army Reserve * item 10c (Prior Active Federal Service) – no entry (should show 6 months and 1 day) * item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded This Period), in part – * Senior Parachutist Badge * Army Reserve Components Achievement Medal (2nd Award) * Army Service Ribbon * Armed Forces Reserve Medal (should show 10-Year Device) * Special Forces Tab * Army Achievement Medal * item 18 (Remarks), in part – "Prior Service: ARNGUS [Army National Guard of the United States] 15 Nov 64-14 Nov 70 [15 November 1964 to 14 November 1970]" 8. His DA Form 2-1 (Personnel Qualification Record – Part II), reviewed on 4 December 1990, shows in: * item 9 (Awards, Decorations, and Campaigns) – * Special Forces Tab * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Army Reserve Components Achievement Medal (2nd Award) * Armed Forces Reserve Medal * Army Achievement Medal (2nd Award) * Army Service Ribbon * Master Parachutist Badge * Army Reserve Components Overseas Training Ribbon (2nd Award) * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * item 18 (Appointments and Reductions), in part – master sergeant effective 21 August 1988 9. U.S. Army Reserve Command Orders M-09-100070, 28 September 2001, as amended by Orders M-09-100070A01, ordered him to active duty in support of Operation Noble Eagle under partial mobilization with a reporting date no later than 8 October 2001. He entered active duty on 8 October 2001. 10. 5th SFG (Airborne) Order D 99056, 6 January 2002, ordered him to redeploy from temporary duty in Southwest Asia to Fort Bragg, NC, on or about 6 January 2002. 11. His military records contain no evidence showing his inclusive dates of service in Southwest Asia. His available records do not contain an Enlisted Record Brief or service awards or evaluations for the period 8 October 2001 through 6 January 2002. 12. He was honorably released from active duty on 7 October 2002. His DD Form 214 for this period shows in: * item 12c (Net Active Service This Period) – 1 year * item 12d (Total Prior Active Service) – no entry (should show 6 months and 1 day) * item 12e (Total Prior Inactive Service) – no entry (should show 32 years, 9 months, and 20 days) * item 12f (Foreign Service) – no entry * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal; Armed Forces Reserve Medal with "M" Device; and Army Service Ribbon * item 18 (Remarks), in part – DD Form 215 (Correction to DD Form 214) Will Be Issued to Provide Missing Information; Ordered to Active Duty in Support of Operation Noble Eagle in Accordance with Title 10, U.S. Code, Section 12302; and no entry for service in Southwest Asia * item 28 (Narrative Reason for Separation) – Completion of Required Active Service 13. He reentered active duty on 8 October 2002. He was honorably released from active duty on 29 September 2004. His DD Form 214 for this period shows in: * item 12c (Net Active Service This Period) – 1 year, 11 months, and 22 days * item 12d (Total Prior Active Service) –6 months and 1 day) * item 12e (Total Prior Inactive Service) – 32 years, 9 months, and 20 days * item 12f (Foreign Service) – no entry * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal (2nd Award) * Army Reserve Component Achievement Medal (3rd Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Service Medal * Armed Forces Reserve Medal with "M" Device * Armed Forces Reserve Medal * NCO professional Development Ribbon with Numeral 3 * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon (2nd Award) * Master Parachutist Badge * Special Forces Tab * item 18 (Remarks), in part – DD Form 215 (Correction to DD Form 214) Will Be Issued to Provide Missing Information; Ordered to Active Duty in Support of Operation Noble Eagle in Accordance with Title 10, U.S. Code, Section 12302; and no entry for service in Southwest Asia * item 28 (Narrative Reason for Separation) – Completion of Required Active Service 14. His Defense Finance and Accounting Service Army Master Military Pay Account shows: * Hazardous Duty Pay Dates – 4 October 2001 to 11 January 2002 * Hostile Fire Pay Dates – 31 October 2001 to 11 January 2002 15. HRC Orders P11-691520, 8 November 2006, retired him and placed him on the Retired List effective 24 December 2006. 16. HRC Orders C-12-639167, 22 December 2006, reassigned him to the U.S. Army Reserve Control Group (Reinforcement) effective the same day. 17. Headquarters, Department of the Army, General Orders Number 2009-32, 29 December 2009, awarded the Presidential Unit Citation to the 5th Special Forces Group (Airborne), 1st Special Forces Command (Airborne), for extraordinary heroism in action against an armed enemy for the period 6 October 2001 to 28 February 2002. 18. The witness statement from Master Sergeant (Retired) 30 November 2021, states he met the applicant at the Karshi-Khanabad Air Base in Uzbekistan in or about the first week of November 2021. The applicant was activated by the U.S. Army Special Forces Command (Airborne), where they were attached to the 5th SFG (Airborne) with Task Force Dagger during the beginning of Operation Enduring Freedom. The applicant was still working there when he and some of the other attached personnel returned to their parent units on or about 2 February 2002. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. a. The evidence shows in September 2001, the applicant was issued orders to active duty in support of Operation Noble Eagle. He entered active duty on 8 October 2001. On 6 January 2002, Headquarters, 5th SFG ordered him to redeploy from temporary duty in Southwest Asia to Fort Bragg, NC, on or about 6 January 2002. His military records contain no evidence showing his inclusive dates of service in Southwest Asia. His available records do not contain an Enlisted Record Brief or service awards or evaluations for the period 8 October 2001 through 6 January 2002. He was honorably released from active duty on 7 October 2002. His DD Form 214 for this period shows no entry for service in Southwest Asia. b. He reentered active duty on 8 October 2002 in Support of Operation Noble Eagle in Accordance with Title 10, U.S. Code, Section 12302, and he was honorably released from active duty on 29 September 2004. c. His Defense Finance and Accounting Service Army Master Military Pay Account shows Hazardous Duty Pay Dates – 4 October 2001 to 11 January 2002. He provides a witness statement from Retired MSG MM, dated 30 November 2021, who states he met the applicant at the Karshi-Khanabad Air Base in Uzbekistan in or about the first week of November 2021. The applicant was activated by the Army Special Forces Command where they were attached to the 5th SFG (Airborne) with Task Force Dagger during the beginning of Operation Enduring Freedom. The applicant was still working there when he and some of the other attached personnel returned to their parent units on or about 2 February 2002. d. Despite the overwhelming evidence that he did in fact serve overseas in support of Operation Nobel Eagle, aside from the witness, there is no reference anywhere in his records to Uzbekistan or the exact dates of arrival to and departure from that country. Without such evidence the Board is unable to list this service on his DD Form 214. 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: Except for the corrections addressed in Administrative Note(s) below, 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 concerned1. 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 is authorized administrative correction of his DD Form 214 for the period ending 7 October 2002 to show the following entries without Board action: * item 12d (Total Prior Active Service) – 6 months and 1 day * item 12e (Total Prior Inactive Service) –32 years, 9 months, and 20 days * item 13 – * Army Achievement Medal (2nd Award) * Army Reserve Components Achievement Medal (2nd Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal with "M" Device and 10-Year Device * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon (2nd Award) * Master Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Special Forces Tab 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 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal may be awarded for both Active and Reserve service and is awarded for honorable active service for specified periods, to include 11 September 2001 to a date to be determined (in support of the Global War on Terrorism). To signify receipt of a second or subsequent award of the National Defense Service Medal, a bronze service star will be worn on the service ribbon by U.S. Army personnel so qualified. A bronze service star is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility. It is awarded for honorable active service for any period between (dates inclusive): * 27 June 1950 and 27 July 1954 (Korea) * 1 January 1961 and 14 August 1974 (Vietnam) * 2 August 1990 and 30 November 1995 (Persian Gulf) * 11 September 2001 to a date to be determined (Global War on Terrorism) b. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved. However, this does not prevent award eligibility for subsequent ongoing operations if the associated campaign medal has been terminated. No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation. c. The Global War on Terrorism Expeditionary Medal is authorized for award to service members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the area of eligibility. Award of the Global War on Terrorism Expeditionary Medal is limited to service members deployed abroad in support of Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, and Operation Freedom's Sentinel. (Note: no provision for Operation Noble Eagle). d. The Global War on Terrorism Service Medal is authorized for award to service members of the Armed Forces of the United States who participated in or served in support of Global War on Terrorism operations outside of the designated area of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, including Reserve Component Soldiers mobilized, or Army National Guard Soldiers activated on or after 11 September 2001 until a date to be determined and having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 4. Army Regulation 635-5 (Separation Documents), 15 September 2000, 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 detailed instructions for completing: a. item 12f (Foreign Service) stated to enter the total amount of foreign service completed during the period covered in item 12c from the Enlisted Record Brief; and b. item 18 (Remarks) for a Reserve Soldier ordered to active duty and deployed to a foreign country stated to enter the following three statements in succession in the remarks block: * ORDERED TO ACTIVE DUTY IN SUPPORT OF (operation name) PER TITLE 10, U.S. CODE, (applicable section). * SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD). * SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS. 5. Department of Defense Financial Management Regulations, chapter 10, governs payment of hostile fire pay/imminent danger pay. Prior to 31 December 2011, members eligible for imminent danger pay were paid the full monthly rate for any complete or partial month they served in a qualifying area. The 2012 National Defense Authorization Act modified imminent danger pay payments, limiting eligibility to only the actual days served in a qualifying area. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006275 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1