IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090008617 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 October 2002, to show:

	a.  award of the Joint Service Commendation Medal; and

	b.  Item 18 (Remarks) to show Orders 121-277, dated 1 May 2002; and Orders 121-034, dated 1 May 2002 showing his deployment to Afghanistan.

2.  The applicant also requests correction of his DD Form 214, dated 6 October 2004, to show the Joint Service Commendation Medal and the Army Reserve Components Achievement Medal.

3.  The applicant states that he was awarded the Joint Service Commendation Medal for service in 2002 but the paperwork was not finalized until 2006.  His DD Form 214, dated 16 October 2002, does not show this award.  He adds that he was not aware that the DD Form 214 should reflect all orders and deployments that took place during the period of service covered by the DD Form 214 until he saw another Soldier's DD Form 214.  The applicant further adds that he was also awarded the Army Reserve Components Achievement Medal in 2003, but it is not included on his DD Form 214, dated 6 October 2004.

4.  The applicant provides copies of his DD Forms 214, dated 16 October 2002 and 6 October 2004; a copy of Permanent Orders J-032-002, dated 11 October 2002, and a certificate, dated 2 October 2002, awarding him the Joint Service Commendation Medal; a copy of Permanent Orders 121-034, dated 1 May 2002; a copy of Orders 121-277, dated 1 May 2002; and a copy of an unsigned memorandum, dated 3 August 2003, showing award of the Army Reserve Component Achievement Medal.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 22 February 2000.  He was subsequently ordered to active duty for training (ADT) on 12 June 2001.  He completed basic combat and advanced individual training, and he was awarded military occupational specialty 96B (Intelligence Analyst).  He was honorably released from ADT to the control of his USAR unit on 11 October 2001.

3.  On 18 October 2001, the applicant was ordered to active duty in support of Operation Noble Eagle.  He was assigned to the 319th Military Intelligence Battalion, Fort Bragg, NC.

4.  On 1 May 2002, Headquarters, XVIII Airborne Corps, Fort Bragg, NC, published Permanent Orders 121-034 directing the applicant's unit's temporary change of station (TCS) from Fort Bragg, NC, to the U.S. Central Command Area of Responsibility in support of Operation Enduring Freedom effective on or about 12 May 2002.

5.  On 1 May 2002, Headquarters, XVIII Airborne Corps, Fort Bragg, NC, also published Orders 121-277 directing the applicant's attachment to Headquarters and Headquarters Company, XVIII Airborne Corps, for a period of 179 days, extendable to 364 days, effective 4 May 2002, for the purpose of Operation Enduring Freedom.


6.  The applicant's records further show he was honorably released from active duty to the control of his USAR unit on 16 October 2002.  The DD Form 214 he was issued shows he completed 11 months and 29 days of active service, of which 4 months and 1 day was foreign service.  This form further shows the following entries:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal, the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, and the NATO Medal; and 

	b.  Item does not list his service in Afghanistan or any other hostile fire pay/imminent danger pay (HFP/IDP) area; however, it shows that he completed the period for which ordered to active duty for the purpose of post service benefits and entitlements and that he was ordered to active duty in support of Operation Noble Eagle and Enduring Freedom in accordance with Title 10, U.S. Code, section 2302. 

7.  An email, dated 24 September 2009, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received HFP/IDP from 18 May 2002 to 15 September 2002 for an unknown location, a period of 4 months.

8.  Combined/Joint Task Force 180, Baghram Airfield, Afghanistan, Permanent Orders J-032-002, dated 11 October 2002, show the applicant was awarded the Joint Service Commendation Medal for meritorious service from 18 May 2002 to 1 September 2002 (a period of 3 months and 15 days) in support of Operation Enduring Freedom.

9.  The applicant's records further show he was appointed as a Military Intelligence second lieutenant in the USAR and executed an oath of office on 23 January 2003.  He subsequently entered active duty on 31 May 2004, completed the Military Intelligence Officer Basic Course, and was honorably released from active duty on 6 October 2004.  

10.  Item 13 of the DD Form 214 he was issued shows he was awarded the Armed Forces Reserve Medal with "M" Device, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Global War on Terrorism Service and Expeditionary Medals, the Southwest Asia Service Medal, the Army Service Ribbon, the Bronze German Armed Forces Proficiency Badge, and the NATO Medal. 

11.  The applicant submitted a copy of an unsigned memorandum, dated 3 August 2003, submitted by the Commander, 3431st Military Intelligence Detachment, Norfolk, VA, stating that the applicant was awarded the Army Reserve Components Achievement Medal for three consecutive years as a member of the USAR Troop Program Unit.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the Remarks block is used for Headquarters, Department of the Army (HQDA) mandatory requirements when a separate block is not available and as a continuation of items 11 (Specialty), 13, or 14 (Military Education).  For a Reserve Soldier ordered to active duty and deployed to a foreign country, three statements are required to be entered in item 18:  "Ordered to active duty in support of (Operation Name) per Title 10, U.S. Code, applicable section"; "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYYMMDD)"; and "Soldier completed period for which ordered to active duty for the purpose of post-service benefits and entitlements."

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Effective 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  Such years of qualifying service must have been consecutive.  

14.  By message dated 8 February 2005, the Military Awards Branch, U. S. Army Human Resources Command provided clarification on award of the Army Good Conduct Medal.  It stated that Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The periods of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the Army Reserve Components Achievement Medal begins the day after the RC Soldier is off active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty.  Any time prior to mobilization s lost and cannot count towards award of the Army Reserve Components Achievement Medal).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Forms 214 should be corrected to show his awards and list his orders.

2.  With respect to the Joint Service Commendation Medal, permanent orders awarded the applicant the Joint Service Commendation Medal for meritorious service from 18 May 2002 to 1 September 2002 in support of Operation Enduring Freedom which is not shown on either DD Form 214.  Therefore, he is entitled to correction of his DD Forms 214 to show this award.

3.  With respect to listing the orders on his first DD Form 214, there is no provision in the Army regulation to list the orders on the DD Form 214.  The applicable regulation requires the U.S. Code/Title under which he was ordered to active duty, the completion or non-completion of the period ordered to active duty, and the name of the country of deployment and period of deployment.  The applicant's DD Form 214, dated 16 October 2002, lists the first two requirements but not the third.

4.  The evidence of record shows that the applicant served in Afghanistan from 18 May 2002 to 1 September 2002, as reflected on his award of the Joint Service Commendation Medal.  Furthermore, he received IDP/HPF from 18 May 2002 to 15 September 2002 and his DD Form 214 shows he completed 4 months and 1 day of foreign service.  His service in Afghanistan from 18 May 2002 to 15 September 2002 appears to be consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to correct his DD Form 214, dated 16 October 2002 to show his service in Afghanistan.

5.  With respect to the Army Reserve Component Achievement Medal, the applicant appears to have demonstrated exemplary behavior, efficiency, and fidelity while serving as a member of the USAR; accordingly, his commander 

recommended him for award of the Army Reserve Components Achievement Medal.  However, he enlisted in the USAR on 22 February 2000 and he was mobilized and entered active duty on 18 October 2001.  He was then on active duty from 18 October 2001 to 16 October 2002.  Any time prior to mobilization is lost and cannot be counted towards award of the Army Reserve Components Achievement Medal. 

6.  Notwithstanding the memorandum awarding him the Army Reserve Components Achievement Medal, his mobilization terminated that period of qualifying service and credit towards earning the award must begin anew effective the day after he was released from active duty.  Therefore, the earliest he would have qualified for this award was 17 October 2005, well after the time he was released from active duty on 6 October 2004.  Since he did not meet the eligibility criteria for award of the Army Reserve Components Achievement Medal, it would not be appropriate to add it to his second DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding the entry "Service in Afghanistan from 18 May 2002 to 
1 September 2002" to item 18 of his DD Form 214, dated 16 October 2002; and

	b.  adding the Joint Service Commendation Medal to item 13 of his DD Form 214, dated 16 October 2002, and to his DD Form 214, dated 6 October 2004.

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 adding the Army Reserve Components Achievement Medal to his DD Form 214, dated 6 October 2004 and to listing Orders 121-277, dated 1 May 2002, and Orders 121-034, dated 1 May 2002, in the Remarks section of his DD Form 214, dated 16 October 2002.   




      _______ _   _x______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090008617



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ABCMR Record of Proceedings (cont)                                         AR20090008617



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