IN THE CASE OF:	  

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20120020209 


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) for the period ending 28 November 2006 to show:

* award of the Army Reserve Components Achievement Medal, Joint Meritorious Unit Award, and the Humanitarian Service Medal
* his current address
* the dates of his service from his Individual Ready Reserve (IRR) call-up in 2009 and 2010

2.  The applicant states he needs his address corrected in order to be eligible for the Wisconsin G.I. Bill and he has awards that were not documented on his DD Form 214.  He should have received the Humanitarian Service Medal for his service in 2005 during Hurricane Katrina while at Camp Shelby, MS.  In addition, he went through 11B (Infantryman) training at Camp Shelby, MS, and he wants to know if he was ever awarded this military occupational specialty (MOS).

3.  The applicant provides three orders.

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 Wisconsin Army National Guard (WIARNG) on 7 October 2003 and he held MOS 62E (Heavy Construction Equipment Operator), later converted to MOS 21E.  He was assigned to the 106th Engineer Detachment, Ashland, WI.

3.  He entered initial active duty (IADT) for training on 4 January 2004.  He was honorably released from IADT on 11 May 2004 to the control of the WIARNG, Madison, WI.  He completed 4 months and 8 days of creditable active service during this period of service.

4.  The DD Form 214 he was issued for this period of service shows award of the Army Service Ribbon.

5.  Orders 211-874, dated 30 July 2005, issued by the Joint Force Headquarters Wisconsin, WIARNG, released him from the 106th Engineer Detachment, Ashland, WI, and transferred him to Company D, 2nd Battalion, 128th Infantry, Watertown, WI, WIARNG.  These orders show he would be assigned as a weapons squad member in duty MOS 11B.

6.  Orders 217-328, dated 5 August 2005, issued by the Department of Military Affairs, Office of the Adjutant General, Madison, WI, ordered him to active duty as a member of his ARNG unit in support of Operation Iraqi Freedom (OIF).  These orders show his MOS as 62E and the mobilization station as Camp Shelby, MS.

7.  Orders 240-846, dated 28 August 2005, issued by the Joint Force Headquarters Wisconsin, WIARNG, awarded him MOS 21E and withdrew MOS 62E.

8.  He entered active duty on 29 August 2005.  He served in Kuwait from 14 November 2005 to 8 November 2006.

9.  He was honorably released from active duty on 28 November 2006 to the control of the WIARNG, Madison, WI.  He completed 1 year and 3 months of creditable active service during this period of service.

10.  The DD Form 214 he was issued for this period of service shows award of the:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device

11.  Item 19a (Mailing Address after Separation) of this DD Form 214 contains the entry "3XX EXXX BXXXXX, Mass City, MI."

12.  There is no evidence in his records that shows he was ever awarded MOS 11B any other MOS besides 21E (initially designated as MOS 62E).  There are no orders in his records awarding him the Army Reserve Components Achievement Medal.  There is no evidence in his records that shows he served in Alaska or that shows he participated in the Hurricane Katrina Relief Effort.

13.  He was discharged from the WIARNG on 1 March 2008 for unsatisfactory performance with a general, under honorable conditions characterization of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training (AT)).  He completed 4 years, 4 months, and 25 days of Reserve service with no lost time.

14.  The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued shows award of the:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Wisconsin Write Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

15.  Item 19 (Mailing Address after Separation) of his NGB Form 22 contains the entry "3XX EXXX BXXXXX, Mass City, MI."
16.  His record is void of any court-martial convictions, Uniform Code of Military Justice (UCMJ) actions, or a commander's disqualification for award of the Army Reserve Components Achievement Medal.

17.  The applicant provides:

	a.  Permanent Order Number J-ISO-0046-07, dated 27 March 2007, issued by the Joint Staff, awarding the Joint Meritorious Unit Award to Headquarters, Alaskan Command, Elmendorf Air Force Base, AK, for the period 1 January 2003 to 31 December 2005.

	b.  Orders M-04-902575, dated 9 April 2009, issued by the U.S. Army Human Resources Command (HRC), ordered him to active duty for a period not to exceed 25 days, by reason of mobilization processing, for partial mobilization in support of OIF.  This orders stated he was to report to Fort Benning, GA, on 7 June 2009.

18.  His records contain:

	a.  Orders C-09-916034, dated 2 September 2009, issued by HRC, releasing him from the USAR Control Group (AT) by reason of temporary medically disqualified and assigning him to the Standby Reserve (Active List) effective 2 September 2009.

	b.  Orders C-09-012778, dated 3 September 2010, issued by HRC, releasing him from the Standby Reserve (Active List) and assigning him to the USAR Control Group (AT) effective 3 September 2010.

	c.  Orders D-10-116677, dated 11 October 2011, issued by HRC, honorably discharging him from the USAR effective 11 October 2011.

19.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature.  

	b.  The Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  The Humanitarian Service Medal was awarded for participation in the Hurricane Katrina Relief Effort from 29 August to 13 October 2005.

	c.  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.

	d.  Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to the Army Reserve Components Achievement Medal.  It states when a qualifying period of TPU service is broken by mobilization, the period of service prior to the mobilization will be added to the period following mobilization for award eligibility.  Qualifying time for award of the Army Reserve Components Achievement Medal will not be lost and will continue to count toward award of the Army Reserve Components Achievement Medal once personnel are no longer activated/mobilized.  The period of service used to award the Army Good Conduct Medal cannot be used toward of the Army Reserve Components Achievement Medal.  However, periods of active duty that do not meet the eligibility requirement for award of the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal.  Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the Army Reserve Components Achievement Medal if they complete 2 of the 3 years of qualifying service requirement.  These changes are retroactive to 11 September 2001.

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

21.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  In item 11 (Primary Specialty) of the DD Form 214 enter each MOS the Soldier held and served in for 1 year or more with the number, title, and time served listed in years and months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant had 3 years of cumulative Reserve service from 7 October 2003 through 28 August 2005 (1 year, 10 months, and 22 days) and from 29 November 2006 through 5 January 2008 (1 year, 1 month, and 8 days).  His record is void of any court-martial convictions, UCMJ actions, or a commander's disqualification for award of the Army Reserve Components Achievement Medal.  Therefore, it would be appropriate to award him this medal and correct his NGB Form 22 accordingly.  

2.  However, the DD Form 214 is a record of service at the time of release from active duty.  As he did not qualify for award of the Army Reserve Components Achievement Medal until 5 January 2008, he is not entitled to the correction of his DD Form 214 for the period ending 28 November 2006 to show this medal.

3.  With respect to his current address, the DD Form 214 he was issued for the period ending 28 November 2006 correctly shows the address he had at the time of his release from active duty.  There are no provisions for the correction of the DD Form 214 to show a Soldier's address to one he acquired after his release from active duty.  Therefore, he is not entitled to this portion of the requested relief.

4.  With respect to the correction of his DD Form 214 to show his active duty service in 2009 and 2010, there are no provisions for the correction of a DD Form 214 to show active duty service a Soldier completed after the period of service covered by the DD Form 214.  Therefore, he is not entitled this portion of the requested relief.

5.  With respect to the Joint Meritorious Unit Award, the evidence of record does not show and the applicant has not provided any evidence that shows he was assigned or attached to a unit during the period the unit was cited for this award.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's requested relief.

6.  With respect to the Humanitarian Service Medal, although his orders, dated 
5 August 2005, show his mobilization station as Camp Shelby, MS, the evidence of record does not show and the applicant has not provided any evidence that shows he actually participated in the Hurricane Katrina Relief Effort.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's requested relief.

7.  With respect to MOS 11B, although he may have been mobilized to serve in an 11B duty position while deployed, there is no evidence in his records that show he was ever awarded MOS 11B or any other MOS besides 21E (previously designated as 62E).  His DD Form 214 and his NGB Form 22 correctly shows his MOS as 21E.

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 and Army National Guard records of the individual concerned be corrected by:

* awarding him the Army Reserve Components Achievement Medal for the cumulative 3-year period 7 October 2003-28 August 2005 (1 year, 10 months, and 22 days) and 29 November 2006-5 January 2008 (1 year, 1 month, and 8 days)
* adding to his NGB Form 22 the Army Reserve Components Achievement Medal

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 the correction of his DD Form 214 for the period ending 28 November 2006 to show the Armed Forces Reserve Components Achievement Medal, Joint Meritorious Unit Award,




Humanitarian Service Medal, his current address, his active duty service in 2009/2010, and MOS 11B.



      _____________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)                                         AR20120020209





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ABCMR Record of Proceedings (cont)                                         AR20120020209



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