RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2007 DOCKET NUMBER: AR20070004275 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. John J. Wendland, Jr. Analyst The following members, a quorum, were present: Mr. Michael J. Flynn Chairperson Mr. Larry W. Racster Member Mr. Donald W. Steenfott Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his discharge document to show overseas service in Kuwait and all awards and decorations based upon his service in support of the Global War on Terror. 2. The applicant states, in effect, that his discharge document is incorrect and should be corrected to show his service in support of Operation Enduring Freedom. He adds, in effect, that he deployed to Kuwait prior to 11 September 2001 for about 6 months and again after 11 September 2001 for about 4 months. He also states, in effect, that he is entitled to the Army Commendation Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Overseas Service Ribbon, and combat patch. The applicant further states, in effect, that he sought the assistance of his first sergeant in getting his discharge document corrected and was told the document correcting it would be mailed to him; however, that did not happen. 3. The applicant provides a self-authored statement, dated 22 June 2005; Headquarters, 1st Cavalry Division, Fort Hood, Texas, Permanent Orders 318-12, dated 14 November 2001; DA Form 4856 (Development Counseling Form), dated 22 March 2002; and DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 31 March 2003. 4. On 22 February 2006, the Army Board for Correction of Military Records (ABCMR) notified the applicant of the provisions of Section 1130 of Title 10, United States Code, regarding his request for award of the Army Commendation Medal and advised him that it would not consider his application until he had exhausted all administrative remedies. The ABCMR also advised the applicant to provide copies of documents or orders confirming the actual dates and location of his overseas service in order for the Board to arrive at a fair and impartial decision in his case. However, the applicant failed to respond to the ABCMR’s request within the allotted time. Accordingly, on 22 March 2006, the ABCMR advised the applicant that his case was administratively closed and his application was returned without action. 5. On 14 March 2007, Congressman Bob F_____ contacted the ABCMR on behalf of the applicant and provided a copy of the original application and enclosures. He also provided additional documents, which include a copy of Headquarters, 1st Cavalry Division, Fort Hood, Texas, Permanent Orders 318-02, dated 14 November 2001; an email message from Major Mark S. L_____, dated 2 March 2007, subject: Sworn Statement; DA Form 2823 (Sworn Statement), dated 28 February 2007; and an email message string from Ms. Amy P___, dated 22 February 2007, subject: Inquiry. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 31 March 2003, the date of his release from active duty (REFRAD). The application submitted in this case is dated 22 June 2005. 2. Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that 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. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 3. The applicant requests award of the Army Commendation Medal for his service in support of Operation Enduring Freedom. However, the applicant's military service records are absent orders or any other evidence that confirms his entitlement to this award. In the absence of authority for the award, the applicant may request award of the Army Commendation Medal under the provisions of 10 USC 1130. The applicant has been notified by separate correspondence of the procedures for applying for the award under 10 USC 1130. As a result, the applicant's request for award of the Army Commendation Medal will not be discussed further in this Record of Proceedings. 4. The applicant's military service records show that he enlisted in the U.S. Army Reserve on 10 February 1999 and entered active duty in the Regular Army for a period of 4 years on 1 April 1999. Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B (Infantryman). 5. The applicant's military service records are absent documentation that shows he deployed overseas in support of Operation Enduring Freedom. 6. The applicant's military service records contain a DD Form 214, with an effective date of 31 March 2003, and a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 7 January 2007. These documents show that the applicant was assigned to A Troop, 2nd Battalion, 7th Cavalry, Fort Hood, Texas, when he was honorably REFRAD on 31 March 2003 after completing a total of 4 years net active service. Item 12 (Record of Service), Block f (Foreign Service), of the DD Form 214 contains the entry "0000 [Years], 00 [Months], 00 [Days]." Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Global War On Terrorism Service Medal, Army Service Ribbon, Driver and Mechanic Badge with Driver-T Bar, and Army Lapel Button. Item 18 (Remarks) of the DD Form 214 is absent an entry pertaining to service in support of Operation Enduring Freedom in Kuwait. 7. The applicant's military service records show that he enlisted in the Army National Guard on 4 December 2003 and was ordered to active duty in support of Operation Enduring Freedom on 24 October 2004. 8. The applicant's military service records contain a DD Form 214 that shows the applicant was honorably REFRAD on 17 February 2006 after completing a total of 1 year, 3 months, and 24 days net active service during this period. This document also shows that he was credited with completing 4 years prior active service and 1 year, 1 month, and 3 days prior inactive service. Item 12 (Record of Service), Block f (Foreign Service) of the DD Form 214 contains the entry "0000 [Years], 03 [Months], 12 [Days]." Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Global War On Terrorism Service Medal, Kosovo Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with Mobilization (“M”) Device, North Atlantic Treaty Organization (NATO) Medal, Schutzenschnur German Badge (Gold), and 2 Overseas Service Bars. Item 18 (Remarks) of the DD Form 214 shows that he was ordered to active duty in support of Operation Enduring Freedom (KFOR) and that he served in Kosovo; however, the document is absent an entry concerning the period (i.e., From/To dates) of service in Kosovo. 9. In support of his application the applicant provides a copy of Headquarters, 1st Cavalry Division, Fort Hood, Texas, Permanent Orders 318-12, dated 14 November 2001, that show Soldiers assigned to 2nd Brigade (+), 1st Cavalry Division, stationed at Fort Hood, Texas, were directed to deploy with their unit to Camp Doha, Kuwait, in support of Operation Enduring Freedom, effective 14 November 2001. He also provides a copy of Headquarters, 1st Cavalry Division, Fort Hood, Texas, Permanent Orders 318-02, dated 14 November 2001, that show Soldiers assigned to Company A, 2nd Battalion, 7th Cavalry, 1st Cavalry Division, stationed at Fort Hood, Texas, were directed to deploy with their unit to Camp Doha, Kuwait, in support of Operation Enduring Freedom, effective 14 November 2001. The DA Form 4856, dated 22 March 2002, that he provides shows the applicant received performance counseling for the period 18 November 2001 to 22 March 2002 from his section sergeant, Sergeant Sean M. N________. This document states, in pertinent part, that “[the applicant’s] performance during Operation Enduring Freedom was very good.” The email message, dated 2 March 2007, subject: Sworn Statement and DA Form 2823 (Sworn Statement), dated 28 February 2007, from Major Mark S. L_____, show that he commanded Company A, 2nd Battalion, 7th Cavalry, 3rd Brigade, 1st Cavalry Division, from January 2002 until March 2003, and that he assumed command in Kuwait while the unit was forward deployed in support of Operation Enduring Freedom as part of Operation Blackjack Thunder. In his sworn statement, Major L_____ affirms that the applicant was a member of his command during this time and participated in the deployment. He also states that the applicant served on a previous deployment in support of Operation Enduring Freedom a few months prior to this second deployment. The email message string from Ms. Amy P___, dated 22 February 2007, subject: Inquiry, in pertinent part, advises the applicant to provide additional documents to verify his deployment to Kuwait. 10. In the processing of this case, coordination was made with the Defense Finance and Accounting Service (DFAS), Military Pay Office, Indianapolis, Indiana, in an effort to obtain verification of the applicant’s overseas service. This coordination revealed that DFAS records show the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) during the period 1 April 2001 to 31 August 2001. 11. Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), Chapter 10 (Special Pay – Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), provides, in pertinent part, that HFP/IDP is payable at a monthly rate of $225. It is payable in addition to all other pays or allowances. Additionally, it is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies. Active and Reserve component members who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month. 12. Headquarters, U.S. Army Human Resources Command message, dated 17 March 2004, disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to 30 April 2005. To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a) be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility; or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom. The message also states that under no condition will any Soldier in the United States receive this award. 13. Award of the Global War on Terrorism Expeditionary Medal is authorized to Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following areas of eligibility (AOE): Algeria, Azerbaijan, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Columbia, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Guantanamo Bay, Cuba, Hungary, Iran, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Nigeria, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Senegal, Sierra Leone, Somalia, Syria, Tajikistan, Tanzania, Tunisia, Turkey (east of 35 east degrees east latitude), Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. 14. Headquarters, U.S. Army Human Resources Command message, dated 17 March 2004, disseminated implementing instructions for award of the Global War on Terrorism Service Medal. This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award. 15. Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other. Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal to qualified personnel; permanent orders are not required. 16. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. On 25 October 2005, the policy that restricted award of the Overseas Service Ribbon when another campaign or service medal is awarded was eliminated. 17. Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves. This regulation also governs overseas tour lengths and credit for normal tour completion. The normal overseas tour length for service in Kuwait is 12 months. 18. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), paragraph 28-17 (Shoulder sleeve insignia – former wartime service (SSI-FWTS)), commonly referred to by Soldiers as the “combat patch”, provides authorization to wear a shoulder sleeve insignia indicating former wartime service and applies only to Soldiers who are assigned to U.S. Army units that meet all the following criteria. Soldiers who were prior members of other Services that participated in operations that would otherwise meet the criteria below are not authorized to wear the SSI-FWTS. Wear is reserved for individuals who were members of U.S. Army units during the operations. In addition, the following conditions must be met: (1) the Secretary of the Army or higher must declare as a hostile environment the theater or area of operation to which the unit is assigned, or Congress must pass a Declaration of War; (2) the units must have actively participated in, or supported ground combat operations against hostile forces in which they were exposed to the threat of enemy action or fire, either directly or indirectly; (3) the military operation normally must have lasted for a period of thirty (30) days or longer (an exception may be made when U.S. Army forces are engaged with a hostile force for a shorter period of time, when they meet all other criteria, and a recommendation from the general or flag officer in command is forwarded to the Chief of Staff, Army); and (4) the Chief of Staff, Army, must approve the authorization for wear of the shoulder sleeve insignia for former wartime service. 19. Army Regulation 670-1 shows the SSI-FWTS is authorized for Operation Enduring Freedom, from 19 September 2001 to a date to be determined, for Soldiers assigned to Afghanistan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan; and from 31 July 2002 to a date to be determined, for Soldiers deployed to the CENTCOM area of operations in support of Operation Enduring Freedom authorized combat zone tax exclusion as identified by CENTCOM CCJ1 AOR Danger Pay Entitlements. Soldiers who were deployed in the area of operations on training exercises or in support of operations other than Operation Enduring Freedom are not authorized the SSI-FWTS, unless those exercises or operations became combat or support missions to Operation Enduring Freedom. 20. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF). 21. Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214. The instructions for completing Item 12, Block f, state to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the PQR/ERB/ ORB. The instructions for Item 13 show that the awards entered will be for all periods of service and instructs the preparing official to check the Soldier's service records for the validity of awards. The instructions for preparation of Item 18 (Remarks) state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter the statement, "Service in (Name of Country Deployed) from (inclusive dates; for example, YYYYMMDD - YYYYMMDD)." This Army regulation also provides that for Item 21 (Signature of Member Being Separated) that the signature indicates a Soldier has reviewed the form and accepts the information as being correct to the best of their knowledge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that his discharge document should be corrected to show his overseas service in Kuwait prior to 11 September 2001 and subsequent to 11 September 2001 in support of Operation Enduring Freedom. He also contends he is entitled to award of the Global War on Terrorism Expeditionary Medal, Global War On Terrorism Service Medal, Overseas Service Ribbon, and SSI-FWTS. 2. The evidence of record shows that the applicant was authorized HFP/IDP during the period 1 April 2001 to 31 August 2001 for his service in a HFP/IDP area. The evidence of record also shows that HFP/IDP is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies. Thus, while the evidence of record confirms that the applicant served overseas in a HFP/IDP area during the period from April 2001 to August 2001, there is insufficient evidence to determine the location and exact dates (i.e., From/To) of his deployment overseas prior to 11 September 2001. Therefore, the applicant is not entitled to correction of Item 12, Block f, or Item 18 of his DD Form 214 at this time. 3. The documentation provided by the applicant and his congressman indicates that the applicant was ordered to deploy with his unit in support of Operation Enduring Freedom on or about 14 November 2001. In addition, the DA Form 4856 that documents the applicant’s performance counseling for the period 18 November 2001 to 22 March 2002 discusses his performance during Operation Enduring Freedom in the past tense (i.e., “was very good”). However, the sworn statement provided by the applicant’s former company commander, which affirms that the applicant deployed overseas with his unit to Kuwait in support of Operation Enduring Freedom, provides a timeframe from January 2002 until March 2003. Furthermore, the applicant states that he took 78 days transition (terminal) leave “in January 2003” until 31 March 2003, which indicates he would have redeployed from overseas and began his transition leave on or about 13 January 2003. Thus, in view of the foregoing, there is insufficient evidence to accurately determine the exact dates (i.e., From/To) of the applicant’s deployment to Kuwait in support of Operation Enduring Freedom after 11 September 2001. Therefore, the applicant is not entitled to correction of Item 12, Block f, or Item 18 of his DD Form 214 at this time. 4. It is unclear why the applicant's DD Form 214, with an effective date of 31 March 2003, does not contain entries documenting his overseas service and any corresponding authorized awards and decorations. However, the evidence of record does show that the applicant authenticated the DD Form 214 with his signature on the date of his separation. In effect, this was his verification that the information contained on the separation document, to include the entries in Item 12 (Block f), Item 13, and Item 18, was correct at the time the document was prepared and issued. Absent additional evidence corroborating the fact he served in overseas in support of Operation Enduring Freedom, including the specific countries in which he served, and the exact period(s) of overseas service in those countries, there is an insufficient evidentiary basis to provide the requested relief pertaining to overseas service at this time. 5. The evidence of record shows that the applicant was authorized HFP/IDP during the period 1 April 2001 to 31 August 2001 for his service in support of Operation Enduring Freedom. However, this time period was prior the effective date (i.e., 11 September 2001) authorizing award of the Global War on Terrorism Expeditionary Medal. The evidence shows, in pertinent part, that to be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 non-consecutive days in the areas of eligibility designated. Notwithstanding the available evidence, including the sworn statement of the applicant’s former company commander, there is insufficient evidence to accurately determine the exact dates and number of days the applicant was actually deployed to Kuwait in support of Operation Enduring Freedom after 11 September 2001. Therefore, he is not entitled to correction of his records to show this service medal at this time. 6. The evidence of record shows that the applicant’s DD Form 214, with an effective date of 31 March 2003, was corrected on 7 January 2007 to show award of the Global War on Terrorism Service Medal. Therefore, no action is required by this Board concerning the applicant’s request for this service medal. 7. The evidence of record shows that the policy that restricted award of the Overseas Service Ribbon when another campaign or service medal is awarded was eliminated on 25 October 2005. The evidence of record also shows that a Soldier must serve 12 months in Kuwait to be credited with the completion of a normal overseas tour in Kuwait. Based on the evidence of record, and in view of all of the foregoing, there is insufficient evidence upon which to base award of the Overseas Service Ribbon in this case at this time. Therefore, the applicant is not entitled to correction of his records to show award of the Overseas Service Ribbon at this time. 8. The evidence of record shows that the SSI-FWTS (“combat patch”) is an Army uniform item authorized for wear on the Army uniform by Soldiers who meet the criteria outlined in the governing Army regulation for service in support in Operation Enduring Freedom, from 19 September 2001 to a date to be determined, and from 31 July 2002 to a date to be determined for Soldiers deployed to the CENTCOM area of operations in support of Operation Enduring Freedom authorized combat zone tax exclusion. The evidence of record shows that the applicant deployed on or about 14 November 2001 in support of Operation Enduring Freedom to an authorized Combat Zone Income Tax Exclusion Zone. In addition, the evidence of record shows that the applicant’s former company commander affirmed the applicant was authorized to wear the 1st Cavalry Division unit patch as a SSI-FWTS. Therefore, the applicant is entitled to wear the 1st Cavalry Division patch as a SSI-FWTS. However, the applicant is advised that the SSI-FWTS is not an authorized award or decoration governed by Army Regulation 600-8-22 (Military Awards). Therefore, the SSI-FWTS is not an authorized entry in Item 13 of the DD Form 214 and the applicant is not entitled to correction of his DD Form 214 to show the SSI-FWTS. 9. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___MJF__ ___LWR_ __DWS__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing authorization and entitlement to wear the 1st Cavalry Division unit patch as a SSI-FWTS. 2. The Board further determined that 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 his record of foreign service, location(s) and period(s) of his deployment(s) overseas, the Global War on Terrorism Expeditionary Medal, and Overseas Service Ribbon. 3. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add in Item 13 his DD Form 214, with an effective date of 17 February 2006, the Army Achievement Medal (2nd Award), Army Good Conduct Medal, and Driver and Mechanic Badge with Driver T-Bar. __ __Michael J. Flynn_____ CHAIRPERSON INDEX CASE ID AR20070004275 SUFFIX RECON YYYYMMDD DATE BOARDED 2007/08/14 TYPE OF DISCHARGE HD DATE OF DISCHARGE 20030331 DISCHARGE AUTHORITY AR 635-200, Chapter 4 DISCHARGE REASON Completion of Required Active Service BOARD DECISION GRANT PARTIAL REVIEW AUTHORITY Ms. Mitrano ISSUES 1. 100.0100.0000 2. 107.0137.0000 3. 107.0138.0000 4. 107.0079.0000 5. 6.