IN THE CASE OF:	  

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110012001 


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) to show the following:

* Army Reserve Components Achievement Medal (ARCAM) (2nd Award)
* Overseas Service Ribbon (OSR)
* Iraq Campaign Medal (ICM) (26 September 2004-11 March 2005)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Joint Meritorious Unit Award (JMUA)
* award of military occupational specialty (MOS) 92M (Mortuary Affairs Specialist)
* primary MOS (PMOS) – 38B (Civil Affairs)
* secondary MOS (SMOS) – 74D (Chemical Operations Specialist) [formerly MOS 54B]
* additional MOS (AMOS) – 92M
* additional skill identifier (ASI) – 5X (Historian)

2.  The applicant states he is eligible for the awards, MOS's, and ASI based on regulatory guidance.

3.  The applicant provides:

* Headquarters (HQ), U.S. Army, Special Operations Command (USASOC), Order R205-26, dated 9 August 2002


* U.S. Army Human Resources Command (HRC) message, subject:  Approved JMUA's
* memorandum for record issued by the 403rd Civil Affairs (CA) Battalion, undated
* three DA Forms 1059 (Service School Academic Evaluation Report)
* HQ, USASOC, Order R039-04,dated 8 February 2002
* three DD Forms 214
* Liberty University Academic Transcript, dated 30 May 2011

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.  At the time of his application, the applicant was a sergeant/pay grade E-5 serving in the Virginia Army National Guard (VAARNG) deployed to Afghanistan.

3.  He enlisted in the Regular Army on 22 August 1996 and held MOS 54B (Chemical Operations Specialist).  He was honorably released from active duty on 22 January 1999.  His DD Form 214 for this period of service shows:

* his PMOS as 54B1O – Chemical Operations Specialist – 2 years
* he served in Southwest Asia from 17 May 1998 to 17 August 1998
* he was awarded the:

* Army Lapel Button
* Army Good Conduct Medal (AGCM)
* Armed Forces Expeditionary Medal (AFEM)
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  He enlisted in the U.S. Army Reserve (USAR) on 13 July 2001.  He was ordered to active duty on 29 July 2002 and subsequently served in Afghanistan from 12 September 2002 to 11 March 2003.  He was honorably released from active duty on 25 June 2003.  His DD Form 214 for this period of service shows:

* his PMOS as 38A2O – Civil Affairs – 0 years 11 months
* he was awarded:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* AGCM
* ARCAM
* National Defense Service Medal (NDSM) (2nd Award)
* AFEM
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon

5.  He was again ordered to active duty on 30 August 2004 and he subsequently served in Iraq from 26 September 2004 to 11 March 2005 and Kuwait from 11 to 17 March 2005.  He was honorably released from active duty on 13 April 2005.  His DD Form 214 for this period of service shows:

* his PMOS as 38A2O – Civil Affairs – 0 years 7 months
* he was awarded:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* AGCM
* ARCAM
* NDSM (2nd Award)
* AFEM
* GWOTEM
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the ARCAM on 22 January 2002.

7.  His official military personnel file contains VAARNG Orders 173-024, dated 22 June 2011, which awarded him PMOS 92M2O, SMOS 74D2O, and AMOS 38B2O effective 22 June 2011.

8.  His record does not contain orders awarding him ASI 5X.

9.  The applicant provides:

	a.  a memorandum for record issued by the 403rd CA Battalion, undated, which shows he was awarded the ARCAM for the period 22 January 1999 through 22 January 2002;

	b.  HQ, USASOC, Order R205-26, dated 9 August 2002, which ordered him to active duty in support of Operation Enduring Freedom and attached the 403rd CA Battalion to U.S. Central Command with duty at Combined Joint Task Force (CJTF)-180, Afghanistan;

	c.  HRC message approving award of the JMUA to HQ, CJTF-180, Bagram Airfield, Afghanistan, during the period 31 May 2002 to 1 April 2003;

	d.  service school academic evaluation reports showing he completed:

* CA Specialist Course – 19 November 2001
* Mortuary Affairs Specialist Course Phase I – 14 July 2006
* Mortuary Affairs Specialist Course Phase II – 27 July 2006

	e.  Liberty University transcripts which show he was awarded a Master of Arts (MA) Degree in History on 14 May 2011.

10.  Department of the Army General Orders (DAGO) Number 9, dated 18 November 2005, awarded the JMUA specifically to HQ, CJTF-180, Bagram Airfield, Afghanistan, for the period 31 May 2002 to 1 April 2003.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The ARCAM 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.  Individuals must have completed 3 years of qualifying service beginning 28 March 1995.  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.

	b.  The Military Awards Branch, HRC, provided clarification for award of the AGCM by message, dated 8 February 2005.  It stated Reserve Component (RC) Soldiers mobilized to active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM 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 1 once the Soldier is off active duty.  Any time prior to mobilization is lost and cannot count towards award of the ARCAM).

	c.  The ICM is awarded to members who served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	d.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Further, under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the AFEM for the same action, time period, or service.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

	e.  The OSR is awarded for successful completion of overseas tours.

	f.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

12.  According to the Awards Branch of 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour (rules 6 and 8 of Army Regulation 614-30 (Overseas Service), table 3-2, apply).

13.  The U.S. Army Adjutant General School is the proponent of Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure).  Table 12-2 describes the positions, qualifications, and restrictions of all ASI's applicable to Army enlisted personnel MOS's.  It states to be awarded ASI 5X, Soldiers must possess at least an MA in history from an accredited college or university or a history-oriented Master of Military Art and Science degree from the Command and General Staff College.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.  It provides that for item 11 (Primary Specialty), enter the titles of all MOS's or areas of concentration (AOC's) served for at least 1 year and include for each MOS/AOC the number of years and months served.

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Afghanistan (12 September 2002 to 11 March 2003), he is authorized the GWOTEM.  Therefore, his DD Form 214 for the period ending 25 June 2003 should be corrected to show this award.

2.  Records show he deployed to Kuwait/Iraq and participated in one campaign during the period 26 September 2004 to 17 March 2005.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 13 April 2005 to show the ICM with one bronze service star.

3.  It appears he was awarded the GWOTEM for his service in Afghanistan and this award is currently shown on his DD Form 214 for the period ending 13 April 2005.  This award should be added to his DD Form 214 for the period ending 
25 June 2003.

4.  Award of the ARCAM requires the individual to complete 3 years of exemplary service in either the USAR or ARNG; however, the time served on active duty is not credited toward that 3-year period and the eligibility period starts the day after completion of active duty.  The evidence confirms he received the ARCAM on 22 January 2002 and this award is shown on his DD Form 214 for the period ending 25 June 2003.  He served another period of active duty from 30 August 2004 to 13 April 2005.  Because mobilized Soldiers are eligible for the AGCM, the period of service for the ARCAM begins anew the day after the RC Soldier is off active duty.  He did not complete sufficient time for award of a second ARCAM to be shown on his DD Form 214 for the period ending 13 April 2005.

5.  The evidence of record shows he served in Afghanistan for 6 months from 12 September 2002 to 11 March 2003 and in Iraq/Kuwait for 6 months from 26 September 2004 to 11 March 2005.  This period of foreign service does not qualify him for award the OSR as it was less than 9 consecutive months and fewer than 11 cumulative months in a 24-month period.  Therefore, he is not entitled to the award of the OSR.

6.  The evidence of record shows his unit, the 403rd CA Battalion, was under the operational control of CJTF-180, Afghanistan.  However, DAGO 9, dated 18 November 2005, awarded the JMUA specifically to HQ, CJTF-180, Bagram Airfield, Afghanistan, and does not identify attached or subordinate units.  Based on the available evidence, this award should not be added to his DD Form 214.

7.  With respect to correcting his DD Form 214 to show all the specialties he was awarded, there is insufficient evidence to show when he was awarded these MOS's or if he performed the duties of any specialty other than the one currently listed on his DD Forms 214 during his periods of active duty.  Regulatory guidance states to enter the titles of all MOS's served for at least 1 year.  Further, VAARNG Orders 173-024, dated 22 June 2011, awarded him PMOS 92M2O, SMOS 74D2O, and AMOS 38A2O subsequent to his periods of active duty.

8.  The applicant earned his MA degree in History on 14 May 2011 which is outside the period covered by any of his DD Forms 214; therefore, it would be inappropriate to correct his DD Form 214 to show this ASI.  Further, this ASI must be awarded by HRC and there is no evidence he applied to that organization for award of ASI 5X.

9.  His records show he served a qualifying period for one award of the NDSM so it is unclear why his DD Forms 214 list two awards.  Regardless of the fact that he is not authorized two awards, it is the policy of the Board not to correct an administrative error if the correction would result in a less favorable action for the applicant.

BOARD VOTE:

________  ________  ________  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 the Army records of the individual concerned be corrected by:

	a.  adding the GWOTEM to item 13 his DD Form 214 for the period ending 25 June 2003 and

	b.  adding the ICM with one bronze service star to item 13 of his DD Form 214 for the period ending 13 April 2005.

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:

* ARCAM (2nd Award)
* OSR
* JMUA
* award of MOS 92M
* PMOS 38B
* SMOS 74D (formerly MOS 54B)


* AMOS 92M
* ASI 5X



      _____________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)                                         AR20110012001



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ABCMR Record of Proceedings (cont)                                         AR20110012001



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