IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140003025 


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 21 May 2010 to show the Meritorious Service Medal (MSM), an additional award of the Army Achievement Medal (AAM), and the Presidential Unit Citation (PUC).  

2.  The applicant states the awards listed above were received after his separation and retirement from the U.S. Army Reserve (USAR).  

3.  The applicant provides: 

* DD Form 214 for the period ending 21 May 2010
* MSM Certificate
* DA Form 638 (Recommendation for Award)
* memorandum for record (MFR), subject:  Proof of Service
* Order of the Combat Spurs Certificate
* MFR, subject:  Wear of 1st Armored Division Unit Awards
* PUC citation
* five AAM Certificates

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 served in the Regular Army (RA) from 29 August 1969 to 6 April 1978.  

3.  Following a break in service, on 3 September 1996, he enlisted in the USAR.  

4.  From 1 December 2002 to 6 November 2004, he served on active duty in military occupational specialty 38A (Civil Affairs (CA) Specialist) in support of Operation Iraqi Freedom (OIF).  His Official Military Personnel File (OMPF) contains a partially legible DD Form 214 for this period of service.  The DD Form 214 shows he served in Iraq from 2 February to 22 October 2004.  The DD Form 214 shows his last duty assignment was with the CA Battalion, Operation Enduring Freedom (OEF) (sic) Support Element.

5.  His Noncommissioned Officer Evaluation Report (NCOER) for the period November 2003 through October 2004 shows he was assigned to Company A, 478th CA Battalion, U.S. Army Special Operations Command, with duty in Baghdad, Iraq.  The NCOER shows he had performed principal duty as a CA Team Alpha (CATA) Team Sergeant in support of the 2nd Squadron, 2nd Armored Cavalry Regiment (ACR), and Task Force 2-5 (2nd Squadron, 5th Cavalry Regiment) during combat operations in Iraq.  

6.  The available records do not include orders assigning him to the 2nd Squadron, 2nd ACR. 

7.  From 21 April 2009 to 21 May 2010, he served on active duty in support of Operation Enduring Freedom.  The DD Form 214 covering this period of service shows, in pertinent part, that he had been awarded the AAM (4th Award).  The PUC and MSM are not listed on this DD Form 214.  

8.  Department of the Army General Orders (DAGO) Number 2009-24, dated 10 December 2009, confirmed award of the PUC to the 2nd ACR for the period 6 April 2003 to 15 June 2004 (less the 2nd Squadron for the period 6 April to 1 May 2003).  The list of units assigned or attached to the 2nd ACR that were included in the award does not include any CA units.  The DAGO superseded U.S. Army Human Resources Command (HRC) Permanent Order Number 140-13, dated 19 May 2008.

9.  Effective 7 November 2010, he was retired and placed on the Army of the United States Retired list.  

10.  His OMPF is void of documentation showing he was awarded the MSM or the AAM (5th Award).  

11.  He provides the following documents:

	a.  An MFR, subject:  Proof of Service, dated 1 April 2004, shows he served with the 2nd Squadron, 2nd ACR, from 8 February to 10 March 2004 and was authorized to wear the 2nd ACR Shoulder Sleeve Insignia for Former Wartime Service (SSI-FWTS).  The MFR states the certification was extended to Soldiers assigned, attached, or under operational control (OPCON) of the 2nd ACR during OIF.  

	b.  An MFR, subject:  Wear of 1st Armored Division Unit Awards, dated 12 October 2004, listed 1st Armored Division units that had been awarded combat citations.  It shows the 2nd ACR and several subordinate units, including the 2nd Squadron, 2nd ACR, had been awarded the PUC for the period 6 April 2003 to 15 June 2004.  No CA units are listed among the subordinate units.  The MFR also stated that other Soldiers attached on appropriate orders and present for duty with any of the listed units for a period of 30 or more consecutive days within the cited period were also eligible to wear the parent organization's unit award.  

	c.  AAM Certificates show permanent orders awarded him five awards of the AAM.  He received the AAM (5th Award) on 30 May 2007.  

	d.  An MSM Certificate, dated 3 May 2011, shows he was awarded the MSM for the period 7 November 2001 through 7 November 2010 as announced in Headquarters, 350th CA Command, Permanent Order Number 124-01.

12.  The Awards and Decorations Branch, HRC, has published criteria for the wear of unit awards on its website.  The website states a Soldier may wear a unit award permanently if the individual:

	a.  was assigned to and present for duty with the unit any time during the period cited or

	b.  was attached by orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  It prescribes the criteria for wear of the SSI-FWTS.  It states:

	a.  Soldiers of all Army components (Active, Army National Guard, and USAR) who deploy during periods of service designated for wear of the SSI-FWTS are authorized to wear a SSI-FWTS.  There are no time-in-theater requirements for authorization to wear the SSI-FWTS.  

	b.  When echelons below company level (such as teams or squads) deploy, members of these units will wear the SSI of the lowest echelon deployed Army unit (company or higher) in the deployed chain of command (based on written orders) as the SSI-FWTS.  When there is no intermediate unit (company or higher) in the deployed chain of command, these deployed Soldiers will wear the SSI of the senior command in the theater as its SSI-FWTS.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  He was awarded the MSM after his release from active duty on 21 May 2010.  Therefore, there is no basis for adding this award to the DD Form 214 issued on that date.  Although there is no basis for granting this portion of the requested relief, it would be appropriate to file the MSM Certificate he provides in his OMPF.  

2.  The available records do not contain orders assigning or attaching the applicant to the 2nd Squadron, 2nd ACR.  Although he was authorized to wear that unit's SSI-FWTS, the criteria for wear of the insignia are not equivalent to the criteria for permanent wear of a unit award.  

3.  His DD Form 214 for the period ending 6 November 2004 shows he had been assigned to a CA battalion in an “OEF” Support Element, and his record shows he was a CATA Team Leader during the period in question.  It appears his CATA was under OPCON of the 2nd Squadron, 2nd ACR, for several weeks during the period cited for award of the PUC.  As such, the CATA would have had to be named in orders for its members to be authorized the PUC.  His CATA is not listed among the units assigned or attached to the 2nd Squadron, 2nd ACR, that were awarded the PUC for the period 6 April 2003 to 15 June 2004.  He would be authorized this unit award if he had been assigned or attached to the 2nd Squadron, 2nd ACR, as an individual Soldier during the period; however, there is no evidence that this was the case.  In view of the foregoing, the available evidence is an insufficient basis upon which to add the PUC to his DD Form 214 for the period ending 21 May 2010.  

4.  He was awarded the AAM (5th Award) prior to his release from active duty on 21 May 2010.  He is entitled to correction of the DD Form 214 issued on that date to show the AAM (5th Award).

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.  filing the MSM Certificate he provides in his OMPF and

	b.  amending his DD Form 214 for the period ending 21 May 2010 as follows:

		(1)  delete the AAM (4th Award) and

		(2)  add the AAM (5th Award).

2.  The Board further determined that the evidence presented was 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 MSM and PUC to his DD Form 214 for the period ending 21 May 2010.   



      ____________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)                                         AR20140003025





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ABCMR Record of Proceedings (cont)                                         AR20140003025



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