IN THE CASE OF:	  

		BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100015542 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 10 April 2004, to show award of the Meritorious Unit Commendation, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), overseas service bar, Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS), Noncommissioned Officer (NCO) Professional Development Ribbon, Army Driver's Badge, Army Reserve Components Achievement Medal, and Army Commendation Medal (ARCOM) (2nd Award).

2.  He states these awards were never added to this DD Form 214.  

3.  He provides:

* Page 1 of his DA Form 2-1 (Personnel Qualification Record - Part II)
* Primary Leadership Development Course Diploma
* Award of Driver's Badge memorandum
* Operation Noble Eagle/Enduring Freedom/Iraqi Freedom Deployment Roster 2003-2004
* SSI-FWTS Authorization Memorandum
* Overseas service bar Authorization Memorandum
* Award of GWOTSM Memorandum
* Two DA Forms 638 (Recommendation for Award) for the ARCOM
* ARCOM Certificate
* Letter from the National Personnel Records Center

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 military records show he enlisted in the U.S. Army Reserve in pay grade E-1 on 12 May 1998.  He completed training and was awarded military occupational specialty 88M, Motor Transport Operator. 

3.  He was ordered to active duty for training (ADT) and entered on active duty on 26 May 1999.  He was released from ADT on 16 July 1999, at the completion of required training.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list the following awards:  the Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  He provided his Primary Leadership Development Course Diploma which shows he graduated on 27 April 2002.  

6.  He was again ordered to active duty in support of Operation Enduring Freedom and entered on active duty on 7 February 2003.  

7.  He also provided memoranda authorizing him award of the Driver's Badge, SSI-FWTS, Overseas Service Bar, and GWOTSM.  

8.  He further provided an Operation Noble Eagle/Enduring Freedom/Iraqi Freedom Deployment Roster 2003-2004 which lists his name.

9.  He also provided two DA Forms 638 which recommended him for two awards of the ARCOM for the periods 12 April 2003 to 1 September 2003 and 1 April 2005 to 12 May 2006.  The recommendations were approved on 2003 and 2006, respectively.  He also provided the resulting certificate for the 2006 ARCOM.

10.  He was honorably released from active duty, in pay grade E-5, on 10 April 2004, at the completion of his required active service.

11.  Item 13 of his April 2004 DD Form 214 list the following awards:  the Army Commendation Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, and Army Reserve Components Overseas Training Ribbon. 

12.  Item 18 (Remarks) of his April 2004 DD Form 214 shows he served in Kuwait/Iraq from 11 April 2003 to 6 March 2004, a period of 10 months and 26 days.

13.  Item 8 (Awards, Decorations, and Campaigns) of his DA Form 2-1 lists the Army Service Ribbon, Army Reserve Components Overseas Training Ribbon, Army Reserve Components Achievement Medal, NCO Professional Development Ribbon, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, GWOTEM, GWOTSM, Meritorious Unit Commendation, ARCOM (1st Award), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Hand Grenade Bar. 

14.  Army Regulation 600-8-22 (Military Awards) states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.

15.  Army Regulation 600-8-22 also states service members are qualified for award of the GWOTEM who deployed abroad for service in the 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 days or 60 nonconsecutive days in the area of eligibility.  

16.  Army Regulation 600-8-22 further states 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.  Beginning on 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.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.

17.  Army Regulation 600-8-22 also states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a      24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

18.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are no provisions for entering the overseas service bar on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

19.  Army Regulation 670-1 also governs the requirements for wear of the SSI-FWTS, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the SSI-FWTS on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant completed the Primary Leadership Development Course and graduated on 27 April 2002; therefore, he is entitled to award of the NCO Professional Development Ribbon and its addition to his DD Form 214.

2.  The evidence also confirms he was authorized award of the Driver's Badge; therefore, he is entitled to have this award shown on his DD Form 214.

3.  The evidence also confirms he was awarded the ARCOM (2nd Award) for meritorious achievement from April to September 2003 and from 2005 to 2006.  Therefore, he is entitled to have these awards shown on his DD Form 214.

4.  The evidence further confirms he participated in the GWOT operations and was also authorized for award of the GWOTSM and GWOTEM.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The evidence also confirms he was awarded the Army Reserve Components Achievement Medal, Meritorious Unit Commendation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, it would be appropriate to correct his DD Form 214 show these awards.

6.  Based on his overseas tour in Kuwait/Iraq he is entitled to award of the Overseas Service Ribbon and its addition to his DD Form 214.

7.  In accordance with regulatory guidance, there are no provisions for listing the overseas service bar and SSI-FWTS on a Soldier's DD Form 214, as they are items of uniform wear and not an award or decoration.   

8.  In view of the foregoing, his records should be corrected as recommended below.

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 adding to Item 13 of his DD Form 214 for the period ending 10 April 2004 the NCO Professional Development Ribbon, Driver's Badge, ARCOM (2nd Award), Army Reserve Components Achievement Medal, Meritorious Unit Commendation, Marksman Marksmanship Qualification Badge with Rifle Bar   (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, and Overseas Service Ribbon.

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 overseas service bar and SSI-FWTS to his DD Form 214. 



      _______ _   _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)                                         AR20100015542





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ABCMR Record of Proceedings (cont)                                         AR20100015542



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