IN THE CASE OF: BOARD DATE: 31 March 2023 DOCKET NUMBER: AR20220008675 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2005 as follows: * item 12f (Foreign Service) – inclusion of service in Hawaii and Iraq * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Meritorious Service Medal (5th Award) * Iraq Campaign Medal * Humanitarian Service Medal * Combat Action Badge * Iraq Commitment Medal * item 14 (Military Education) – * Ordnance School * Senior Leaders Course (formerly known as Advanced Noncommissioned Officer Course) * item 18 (Remarks) – removal of the statement "DEPLOYED DURING OPERATION URGENT FURY IN GRENADA FROM 831128 TO 831230 [28 NOVEMBER 1983 TO 30 DECEMBER 1983]" 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) * DD Form 214 for the period ending 28 February 2005 * Combined Joint Task Force Seven, Iraq, Memorandum (Duty Appointment), 7 February 2004 * Army Commendation Medal Certificate citing 3d Armored Cavalry Regiment Permanent Order 265-005, 21 September 2004 * two DA Forms 638 (Recommendation for Award), 10 June 2004 and 5 October 2004 (page 1 only) * Officer Record Brief, 31 October 2004 * Certificate of Affiliation, 30 August 1991 * 82d Airborne Division 1st Endorsement (Humanitarian Service Medal for Hurricane Fran Disaster Relief Operation), undated * Order of the Spur Certificate, 6 August 2003 through 27 March 2004 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 found discrepancies on his DD Form 214 while trying to obtain his medals. 3. He enlisted in the Regular Army on 22 February 1983. 4. On 30 August 1991, he completed the Basic Noncommissioned Officer Course. A review of his service records failed to yield a DA Form 1059 (Service School Academic Evaluation Report) for the Advanced Noncommissioned Officer Course and he did not provide any documentation. 5. On 30 August 1991, he was issued a certificate of affiliation with the U.S. Army Ordnance Corps upon achieving the requisite academic and professional standards. 6. Headquarters, 82d Airborne Division, Permanent Orders 190-22, 21 January 1994 (should read 1995), awarded him the Meritorious Service Medal for meritorious service as the battalion motor sergeant from 10 October 1991 to 15 April 1995. 7. He was honorably discharged in the rank/grade of staff sergeant/E-6 on 28 March 1995 to accept a commission or warrant. His DD Form 214 covering this period shows in: * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), in part – * Meritorious Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 2 (representing Basic Noncommissioned Officer Course) ? * item 14 (Military Education), in part – * Basic Noncommissioned Officer Course, 11 Weeks, 1991 * Warrant Officer Candidate School, 6 Weeks, 1995 8. The 82d Airborne Division second endorsement (Request for Change of Name on Official Records), 8 August 1995, approved his request to change his surname. 9. The 82d Airborne Division first endorsement (Humanitarian Service Medal for Hurricane Fran Disaster Relief Operation), 14 October 1997, shows he was awarded the Humanitarian Service Medal for participation in the cleanup of Hurricane Fran between 5 and 13 September 1997. 10. Headquarters, 82d Airborne Division, Permanent Orders 337-8, 3 December 1998, awarded him the Meritorious Service Medal for exceptionally meritorious service while serving as the division support staff maintenance technician from 1 June 1995 to 4 January 1999. 11. Headquarters, 25th Infantry Division (Light), Permanent Orders B163-111, 12 June 2003, awarded him the Meritorious Service Medal for exceptionally meritorious service as a battalion motor officer and the division command maintenance evaluation team chief from 1 February 2000 to 1 July 2003. 12. 3d Armored Cavalry Regiment Permanent Order 265-005, 21 September 2004, awarded him the Army Commendation Medal for meritorious service during Operation Iraqi Freedom from 12 October 2003 through 27 March 2004. 13. The DA Form 638, 5 October 2004, awarded him the Meritorious Service Medal (6th Award) for meritorious and selfless service throughout 22 years of exceptional devotion to the Nation by Headquarters, 7th Infantry Division, Permanent Orders 321-005, 16 November 2004. Item 8 (Previous Awards) lists the Meritorious Service Medal with 4th Oak Leaf Cluster (representing five awards). (Note: The accompanying Meritorious Service Medal Certificate shows he was awarded the Meritorious Service Medal by Headquarters, 7th Infantry Division, Permanent Orders 321-006, 16 November 2004.) 14. His military records do not contain orders awarding him the Combat Action Badge. 15. His military records do not contain orders or a DA Form 1059 for the Ordnance School. 16. His officer record brief, 31 October 2004, shows in: * section I (Assignment Information – Overseas Duty) – he completed a 40-month overseas tour in Hawaii in 2003 * section VI (Military Education) – no entry for the Ordnance School * section VIII (Awards and Decorations) – * Meritorious Service Medal (3rd Award) * no entries for the Iraq Campaign Medal, Humanitarian Service Medal, Combat Action Badge, or Iraq Commitment Medal 17. He retired on 28 February 2005. His DD Form 214 covering this period shows in: * item 12f (Foreign Service) – no entry * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), in part – * Meritorious Service Medal (4th Award) * Global War on Terrorism Expeditionary Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * item 14 (Military Education) – no entry for Ordnance School * item 18 (Remarks), in part – * Service in Southwest Asia from 12 October 2003 to 1 April 2004 * Deployed during Operation Urgent Fury in Grenada from 28 November 1983 to 30 December 1983 (occurred prior to the period covered) 18. The Defense Finance and Accounting Service pay system shows he received hostile fire pay/imminent danger pay for service in Kuwait from 1 October 2003 through 31 March 2004 (whole months). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief partial relief warranted. The Board carefully considered applicant’s contentions, military record and regulatory guidance. Based on the preponderance of evidence available for review, the Board determined that partial relief was warranted. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. ? 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 by correcting his DD214 for the period ending March 28 1995 to show in block 14 item 14 (Military Education): Ordnance School. 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 other relief not stated 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 is authorized administrative correction of his DD Form 214 for the period ending 28 February 2005 without Board action as follows: * item 12f – add 3 years, 11 months, and 24 days for service in Hawaii and Kuwait/Iraq * item 13 – * delete award of the Global War on Terrorism Expeditionary Medal * add award of the Humanitarian Service Medal and Iraq Campaign Medal with 1 Campaign Star * item 18 – delete the statement "DEPLOYED DURING OPERATION URGENT FURY IN GRENADA FROM 831128 TO 831230" ? 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 600-8-22 (Military Awards), 5 March 2019, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-18 (Iraq Campaign Medal) states the Iraq Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom from 19 March 2003 through 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 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 airspaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. One bronze service star is authorized with the Iraq Campaign Medal for participation in each credited campaign. b. Paragraph 3-17 (Meritorious Service Medal) states the Meritorious Service Medal is awarded to any service member of the Armed Forces of the United States or to any member of the armed forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service. Second and succeeding awards of the Meritorious Service Medal are denoted by oak leaf clusters. c. Paragraph 5-6 (Noncommissioned Officer Professional Development Ribbon) states the Noncommissioned Officer Professional Development Ribbon is awarded to Regular Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer professional development courses. Table 5-1 (Noncommissioned Officer Education System Creditable Course for Award Noncommissioned Officer Professional Development Ribbon and Devices) shows completion of the Basic Noncommissioned Officer Course will result in award of the Numeral 2 device for wear on the Noncommissioned Officer Professional Development Ribbon. Completion of the Senior Leaders Course, formerly known as the Advanced Noncommissioned Officer Course, will result in award of the Numeral 3 device for wear on the Noncommissioned Officer Professional Development Ribbon. d. Paragraph 8-8 (Combat Action Badge) states the Combat Action Badge is intended to serve as a companion to the Combat Infantryman Badge and Combat Medical Badge to recognize the greatly expanded role of non-infantry Soldiers in active ground combat.? (1) The requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations, is not required to qualify for the Combat Action Badge. However, the Combat Action Badge is not intended to recognize Soldiers who simply serve in a combat zone or imminent danger area. Battle participation credit alone is not sufficient; the unit must have engaged or been engaged by the enemy. (2) A Soldier must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement in an area where hostile fire pay or imminent danger pay is authorized. (3) A Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge and/or Combat Medical Badge. For example, an infantryman assigned to a corps staff is eligible for award of the Combat Action Badge. However, an infantryman assigned to an infantry battalion is not eligible for award of the Combat Action Badge. (4) Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001. Retroactive award of the Combat Action Badge is authorized for fully qualified individuals. Retirees and veterans should address their applications to U.S. Army Human Resource Command for processing. The DA Form 4187 (Personnel Action) with endorsement by the first general officer is not required. All other criteria must be met. 3. The Iraq Commitment Medal awarded by the Government of Iraq is not a federally recognized award at this time. It is intended to recognize the work of the United States and coalition troops who served in Iraq following the fall of dictator Saddam Hussein's regime in 2003. The medal may be awarded to any member who served in Iraq, its territorial waters, or its airspace for 30 consecutive or 60 nonconsecutive days. The Department of Defense has yet to authorize service members to wear the Iraq Commitment Medal or taken steps to approve award of this medal. 4. Army Regulation 635-5 (Separation Documents), 30 September 2000, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is important that information entered thereon is complete and accurate. The following documents will be used as a basis for preparation of the DD Form 214: Enlisted Record Brief; Officer Record Brief; separation approval authority documentation, if applicable; separation orders; and any other document authorized for filing in the Official Military Personnel File.? a. The specific instructions for item 12f stated to enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period) from the enlisted record brief/officer record brief. b. The specific instructions for item 13 stated 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 records. c. The specific instructions for item 14 stated to list formal in-service (full-time attendance) training course successfully completed during the period of service covered by the DD Form 214 from the enlisted record brief/officer record brief. Include title, length in weeks, and year completed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008675 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1