IN THE CASE OF:	   

		BOARD DATE:	  2 July 2015

		DOCKET NUMBER:  AR20140015080 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 8 January 2002 to 7 January 2003 to show in:

	a.  item 4a (Grade, Rate, or Rank) that he held the rank of sergeant (SGT) rather than specialist (SPC);

	b.  item 4b (Pay Grade) that he held the pay grade of E-5 rather than E-4;

	c.  item 11 (Primary Specialty) that he also held primary military occupational specialty (PMOS) 92Y (Unit Supply Specialist); and

	d.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) to show the following:

* Army Commendation Medal (4th Award)
* Army Achievement Medal (4th Award)
* National Defense Service Medal (3rd Award)
* Southeast [Southwest] Asia Service Medal
* Afghanistan Campaign Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal (3rd Award) with "M" Device
* American Defense Service Medal
* Honorable Service Medal
* Army Reserves Commemorative Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Army Reserve Components Overseas Training Ribbon (4th Award)
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle, Handgun, Shotgun, Machine Gun, and Hand Grenade Bars
* Combat Infantryman Badge

2.  The applicant states, in effect, that he earned the requested corrections.  He has provided orders that show his promotion to SGT and award of MOS 92Y.  He also provides updated documentation of his awards and overseas tours of duty. 

3.  The applicant provides:

* a list of requested awards and decorations
* a DD Form 214 (Report of Separation from Active Duty) for the period 15 February to 26 June 1979
* a National Guard Bureau (NGB) Form 22 (NGB - Report of Separation and Record of Service) for the period 12 June 1990 to 9 May 1993
* an NGB Form 22a (Correction to NGB Form 22) dated 2 June 1994
* a 2-page document that appears to have been transcribed from an electronic message from U.S. Army Personnel Command (PERSCOM) (now known as U.S. Army Human Resources Command (HRC)) dated 8 March 2002
* a DD Form 214 for the period 8 January 2002 to 7 January 2003
* a DA Form 4651-R (Request for Reserve Component Assignment or Attachment) dated 20 February 2003
* a Standard Form (SF) 180 (Request Pertaining to Military Records) dated 14 March 2003
* a certified copy of 3 pages of a DA Form 2-1 (Personnel Qualification Record - Part II) dated 18 April 2003
* a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) dated 18 April 2003

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.  On 28 November 1978, the applicant enlisted in the U.S. Army Reserve (USAR) for MOS 62B (Construction Equipment Repairman).

3.  He was ordered to active duty for training (ADT) on 15 February 1979.  Upon completion of Basic Combat Training and Advanced Individual Training he was awarded PMOS 62B.  He was relieved from ADT (REFRADT) on 26 June 1979 and returned to the USAR in the rank/pay grade of private (PV1)/E-1.  The DD Form 214 that he was issued upon REFRADT shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar.

4.  On 4 November 1984, he reenlisted in the USAR in the rank/pay grade of private first class/E-3.

5.  The applicant was promoted to SP4/E-4 with an effective date and date of rank (DOR) of 12 April 1987.  His promotion orders show his PMOS as 95B (Military Police)

6.  On 11 June 1990, the applicant's membership in the USAR was terminated due to the fact that he enlisted in the Army National Guard (ARNG).

7.  His NGB Form 22 (as corrected by NGB Form 22A, dated 2 June 1994) shows:

	a.  he enlisted in the Ohio ARNG (OHARNG) on 12 June 1990;

	b.  his rank/pay grade at the time of separation was SPC/E-4;

	c.  his PMOS was 95B;

	d.  he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Reserve Components Overseas Training Ribbon with Numeral 2 	(denoting 2nd award)
* Army Reserve Components Achievement Medal
* Armed Forces Reserve Medal (2nd Award)
* Humanitarian Service Medal

	e.  On 9 May 1993, he was honorably discharged due to enlistment in another component in the Armed Forces.

8.  He enlisted in the USAR, in the rank/pay grade of SPC/E-4, on 10 May 1993.

9.  His record contains a DA Form 2A (Personnel Qualification Record (Enlisted)) that was generated on 17 February 1994 and also bears handwritten data.  This form shows:

* his rank/pay grade as SPC/E-4
* his PMOS as 95B
* his secondary MOS (SMOS) as 62B

10.  He was ordered to ADT with a reporting date of 25 April 1994 for a period of 15 days plus allowable travel time for the purpose of attending the Primary Leadership Development Course (PLDC).  His orders show his rank/pay grade at the time as SPC/E-4.  His record is void of any evidence showing that he successfully completed PLDC.

11.  On 19 December 1994, the applicant was relieved from his assignment to 342nd Military Police Company and assigned to USAR Control Group (Reinforcement) due to unsatisfactory participation.

12.  On 10 May 1996, the applicant executed an immediate reenlistment in the USAR in the rank/pay grade of SPC/E-4.

13.  On 13 January 1998, the applicant was relieved from his assignment to USAR Control Group (Reinforcement) and assigned to the 342nd Military Police Company as a result of volunteering for the assignment.

14.  On 6 July 2000, the applicant executed an immediate reenlistment in the USAR in the rank/pay grade of SPC/E-4.

15.  His record contains a DA Form 2-1 which reflects the following information:

	a.  item 5 (Oversea Service) shows he served in the following countries for the periods indicated:

* Egypt, on temporary duty (TDY) from May to August 1985, for which 	he was credited with completing 3 months of oversea service
* Panama, on TDY from 15 August to 7 September 1987, for which he 	was credited with completing 1 month of oversea service
* Panama, on TDY from 11 to 26 April 1992, for which he was credited 	with completing 1 month of oversea service

	b.  item 6 (MOS) shows his PMOS as 95B;

	c.  item 9 (Awards, Decorations and Campaigns) shows he was awarded or authorized the:

* Army Service Ribbon
* Army Reserve Components Achievement Medal (2nd Award) 	(27 November 1986 and 27 November 1990)
* Armed Forces Reserve Medal
* Humanitarian Service Medal (Cuban refugees 1980)
* Army Reserve Components Overseas Training Ribbon with Numeral 2 	(denoting 2nd award)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 	(31 March 1989)

	d.  item 17 (Civilian Education and Military Schools) shows no indication that he completed training for MOS 92Y;

	e.  item 18 (Appointments and Reductions) shows he was advancedto SPC/E-4 in April 1987;

	f.  item 27 (Remarks) shows no State military awards;

	g.  item 33 (Date reviewed) shows this document was initially prepared on 26 November 1990 and the applicant reviewed it on 20 April 1993; and

	h.  item 35 (Record of Assignments) shows no indication that the applicant served in a 92Y duty MOS (DMOS) during the period 28 November 1978 to 28 June 1993.

16.  On 8 January 2002, the applicant was ordered to active duty in support of Operation Enduring Freedom in response to the World Trade Center and Pentagon Attacks.  On 7 January 2003, he was honorably released from active duty (REFRAD).  The DD Form 214 issued to him at the time of separation shows in:

	a.  item 4a, that he held the rank of SPC;
	b.  item 4b, that he held the pay grade of E-4;

	c.  item 11, that his PMOS was 95B for the 1-year period covered by the DD Form 214;

	d.  item 12c (Net Active Service This Period), that he completed exactly 1 year of active duty service during the period covered by the DD Form 214;

	e.  item 12f (Foreign Service), that he completed no foreign service during the period covered by the DD Form 214;

	f.  item 13, that he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

17.  A review of his record shows On 19 October 2002, the applicant was reduced to the rank/pay grade of PV1/E-1 as a result of misconduct.

18.  On 1 May 2003, the applicant was discharged from the USAR in the rank/pay grade of PV1/E-1.  The narrative reason for his discharge was "Misconduct - Serious Offense - Drug Abuse."  His service was characterized as "General, Under Honorable Conditions."

19.  The applicant's record is void of evidence showing he was ever promoted to the rank/pay grade of SGT/E-5, was awarded PMOS 92Y, held an infantry MOS, participated in active ground combat, or served in either Afghanistan or Iraq areas of operation.  His record is also void of any orders showing he was awarded any of the requested awards and decorations.

20.  A review of his AHRC Form 249-E (Chronological Statement of Retirement Points) shows that he never completed a period of 12 consecutive years of qualifying service during which he earned a minimum of 50 retirement points for each of the 10 qualifying years.

21.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert 

Shield/Desert Storm.  For Reservists and Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991.
A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.  The applicant's name does not appear on the Desert Shield/Storm Data Base.

22.  The applicant provides:

	a.  a DA Form 4651-R, dated 20 February 2003, which shows the applicant requested to be transferred from a position coded for PMOS 95B in the 342nd Military Police Company to a Supply Sergeant position coded for PMOS 92Y with an authorized grade of E-5 in 3rd Battalion, 338th Infantry Regiment.  This form shows the applicant's pay grade at the time was E-4.  The applicant handwrote the following information at the bottom of the page:  "2/20/2003, Promotion Orders Supply SGT 92Y2O E-5."

	b.  an SF 180, dated 14 March 2003, which shows he submitted a request for an undeleted Report of Separation (DD Form 214 or equivalent) to the National Archives and Records Administration (NARA).

	c.  pages 1, 2, and 4 of a DA Form 2-1 which bear the following statement in the margin of each page:  "I, TFH, an Accredited Service Officer for the Governor's Office of Veteran Affairs for the State of Ohio, certify that I have completed the VA-prescribed training on certification of evidence for proof of service and that this is a true and exact copy of either an original document or of a copy issued by the service department or a custodian of records."  The statements are signed by TFH and dated 18 April 2003.  The document is not notarized, does not bear either a raised or stamped seal, and TFH did not provide either a telephone number or email address by which he can be contacted for verification.  This DA Form 2-1 is very different from the one maintained in his Official Military Personnel File (OMPF), contains numerous non-standard administrative entries, and reflects the following pertinent information:

		(1)  item 5 shows he served in the following countries for the periods indicated:

* Egypt, on TDY from July to October 1985, for which he was credited with completing 3 months of oversea service
* Honduras, on TDY from 7 to 28 August 1987, for which he was credited with completing 1 month of oversea service
* Panama, on TDY from 10 April to 10 May 1990, for which he was credited with completing 1 month of oversea service
* Panama, on TDY from 10 to 27 April 1992, for which he was credited 	with completing 1 month of oversea service

		(2)  item 6 shows his MOS as follows for the dates shown:

* 62B, Construction Equipment Repairman, 22 June 1979
* PMOS 95B, Military Police, 3 November 1980
* SMOS 95BV5, Military Police Investigator, 5 November 1984
* 05B, Radio Operators Course, 5 November 1984
* 92Y2O, Supply SGT, 20 February 2003

		(3)  item 9 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) (October 2001)
* Expert Marksmanship Qualification Badge with Pistol Bar (9MM) (October 2001)
* Expert Marksmanship Qualification Badge with Pistol Bar (45 Automatic) (February 1992)
* Marksman Marksmanship Qualification Badge with Shotgun Bar (12 Gauge) (May 2000)
* Marksman Marksmanship Qualification Badge with Grenade Bar (March 1979)
* Air Assault Badge
* Armed Forces Reserve Medal (2nd Award)
* Army Reserve Components Achievement Medal
* Humanitarian Service Medal (2nd Award)
* Army Reserve Components Overseas Training Ribbon (4th Award)
* Army Commendation Medal (2nd Award)
* PLDCNCO (presumably the NCO Professional Development Ribbon for completion of PLDC)
* Army Achievement Medal (2nd Award)
* Presidential Unit Citation (2nd Award)
* National Defense Service Medal (2nd Award)
* Army Service Ribbon
* Armed Forces Expeditionary Medal
* 1 "M" Device
* 1 Oak Leaf
* 1 Bronze Leaf
* 2 Ten-Year Devices
* 1 Letter of Commendation 2-Star General
* 1 Letter of Commendation 4-Star General
* 1 Letter of Commendation Above and Beyond

		(4)  item 17 shows no indication that he completed training for MOS 92Y or the Air Assault School;

		(5)  item 18 shows no indication that he was ever promoted to SGT/E-5 or that he was reduced to PV1/E-1 in October 2002;

		(6)  he does not provide page 3 which contains items 27 through 34; and

		(7)  item 35 shows no indication that the applicant served in a 92Y DMOS during the period 28 November 1978 to 1 March 2002.

	d.  an unsigned Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 18 April 2003, which shows the applicant responded to a request from the VA to provide substantiating evidence in support of his claim with their organization.  In part, he mentions that he had "sent a request to St. Louis to have my 2 Purple Hearts added to my DD Form 214."

	e.  a 2-page document that appears to have been transcribed from an electronic message from U.S. Army PERSCOM (now known as U.S. Army HRC), dated 8 March 2002, Subject: Award of the Armed Forces Reserve Medal with "M" Device for Current Call Up - Operation Noble Eagle and Operation Enduring Freedom.  He highlighted entries pertaining to personnel being eligible for award of the "M" Device when mobilized for:

* Operation Noble Eagle or Operation Enduring Freedom on or after 11 September 2001 either voluntarily or involuntarily
* Operations Desert Shield/Storm (Persian Gulf War)
* Operations Joint Endeavor/Guard/Force (Panama)

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

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The National Defense Service Medal 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 National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.  Army National Guard and U.S. Army Reserve forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the National Defense Service Medal.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 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.  Executive Order 12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the U.S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.  Members of other than the Selected Reserve who were called to active duty will also be eligible.  During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal:  (1) any service member on active duty for the sole purpose of undergoing a physical examination; or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.

	d.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)



	e.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 

	f.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  Only one award of this medal may be authorized for any individual. 

	g.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  Only one award of this medal may be authorized for any individual.
	h.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 

	i.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the "M" Device.

		(1)  The conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces; tenure in elected state office; tenure as a member of a legislative body of the United States or a state; and service as a judge of a court of record of the United States, a state or territory, or the District of Columbia is excluded from credit toward this award but does not constitute a break in service.  

		(2)  The Ten-Year Device (hourglass with Roman numeral “X”) is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period of Reserve Component service.  The first 10-year period is denoted by a bronze hourglass, the second 10-year period by a silver hourglass, and the third by a gold hourglass.  Forty years of Reserve Component service is recognized by a gold hourglass followed by a bronze hourglass.  The “M” Device will be worn on the Armed Forces Reserve Medal to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

	j.  The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.


	k.  The NCO 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.

	l.  The Army Reserve Components Overseas Training Ribbon is awarded to members of the Reserve Components of the Army for successful completion of annual training (AT) or ADT for a period of not less than 10 consecutive duty days on foreign soil.  The Army Reserve Components Overseas Training Ribbon may be awarded retroactively to those personnel who successfully completed AT or ADT on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984.  Numerals will be used to denote second and subsequent awards of the Army Reserve Components Overseas Training Ribbon.

	m.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	n.  The Marksmanship Qualification Badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

	o.  The Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.

	p.  The following medals requested by the applicant are not governed by the provisions of Army Regulation 600-8-22:

* Southeast Asia Service Medal
* Honorable Service Medal
* Army Reserves Commemorative Medal

24.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Only awards and decorations governed by the provisions of Army Regulation 600-8-22 may be shown on a discharge document.  Army Regulation 635-5 provides the following guidance for completing DD Form 214 at the time of a Soldier's separation:

	a.  Enter active duty grade or rank and pay grade at time of separation in items 4a and 4b, respectively.

	b.  Enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served in item 11.

	c.  Enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 12f.

	d.  List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records.

	e.  For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

		(2)  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS."

25.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding corrections to his DD Form 214 for the period ending 7 February 2003 were carefully considered and determined to have partial merit.

2.  The fact that the applicant provides three pages of a certified DA Form 2-1 which partially support some of his contentions is duly noted.  However, this DA Form 2-1 is very different from the one maintained in his OMPF and contains numerous non-standard administrative entries.  Additionally, the document is not notarized, does not bear either a raised or stamped seal, and the certifying official did not provide either a telephone number or email address by which he can be contacted for verification.  In view of the foregoing, it would not be appropriate to accept entries on this document at face value in the absence of further corroborating evidence.

3.  Although the applicant provides a DA Form 4651-R that shows he was approved for transfer to a position that was coded for an E-5 Supply Sergeant with DMOS 92Y; his record is void of evidence and he has not provided any showing he was ever promoted to the rank/pay grade of SGT/E-5, was awarded PMOS 92Y, or served in PMOS 92Y.  Therefore, there is insufficient evidence to support his request to have his DD Form 214 corrected to show that he held the rank/pay grade of SGT/E-5 or that he also held PMOS 92Y.

4.  The below listed medals requested by the applicant are not governed by the provisions of Army Regulation 600-8-22.  Therefore, they are not authorized to be added to his DD Form 214:

* Southeast Asia Service Medal
* Honorable Service Medal
* Army Reserves Commemorative Medal

5.  The applicant's record is void of orders and he has not provided any orders showing was awarded any Army Commendation Medals or Army Achievement Medals.  Therefore, there is insufficient evidentiary basis for adding either the Army Commendation Medal (4th Award) or the Army Achievement Medal (4th Award) to his DD Form 214.

6.  The National Defense Service Medal 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.  Although the applicant contends he is eligible for award of three National Defense Service Medals, the evidence of record shows he only completed active duty service during two qualifying periods.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the National Defense Service Medal (2nd Award).

7.  The applicant's record is void of evidence and he has not provided any evidence showing he participated in Operations Desert Shield/Desert Storm or that he served in either the Afghanistan or Iraq areas of operation.  Therefore, there is insufficient evidence to show he completed a qualifying period of service for award of the Southwest Asia Service Medal, the Afghanistan Campaign Medal or the Iraq Campaign Medal or to have any of these medals added to his DD Form 214.

8.  Evidence of record shows the applicant completed a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of this medal.

9.  Although the applicant contends that he is entitled to the Armed Forces Reserve Medal (3rd Award) with "M" Device and his NGB Form 22 indicates award of the Armed Forces Reserve Medal (2nd Award), the evidence of record shows that he never completed a period of 12 consecutive years of qualifying service during which he earned a minimum of 50 retirement points for each of the 10 qualifying years.  Evidence also shows that he was only mobilized once in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  Therefore, his DD Form 214 accurately reflects award of one Armed Forces Reserve Medal with "M" Device and there is insufficient evidence to warrant a change.

10.  The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.  The applicant did not serve during that era, therefore, there is no basis for correcting his DD Form 214 to show receipt of this medal.

11.  Although the applicant was ordered to ADT in 1994 for the purpose of attending PLDC, his record is void of any evidence showing that he successfully completed PLDC.  Therefore, there is insufficient evidence upon which to base award of the NCO Professional Development Ribbon or to add the ribbon to his DD Form 214.

12.  Although the applicant contends that he is entitled to four Army Reserve Components Overseas Training Ribbons, the evidence of record only shows that he completed 3 qualifying periods of overseas service.  Therefore, there is sufficient evidence of record to support adding the Army Reserve Components Overseas Training Ribbon (3rd Award) to his DD Form 214.

13.  The applicant's record is void of any evidence showing that he was awarded the Air Assault Badge or that he completed an air assault training course and he has not provided orders showing award of the badge.  Therefore, there is insufficient evidence upon which to base award of the Air Assault Badge or to add the badge to his DD Form 214.

14.  Although the applicant contends that he is entitled to the Expert Marksmanship Qualification Badge with Rifle, Handgun, Shotgun, MachineGun, and Grenade Bars, he does not provide any orders in support of his contention.  The evidence of record only shows his qualification as an Expert with the M-16 Rifle and Grenade.  Therefore, it would only be appropriate to correct his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bars.

15.  The applicant's record is void of any orders showing he was awarded the Combat Infantryman Badge.  There is also no evidence showing that he ever held an infantry MOS or that he assigned to an infantry unit during such time as the unit was engaged in active ground combat, and actively participated in such ground combat.  Therefore, there is insufficient evidence to support his request to have the Combat Infantryman Badge added to his 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 adding the following to his DD Form 214 for the period ending 7 February 2003:

* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Army Reserve Components Overseas Training Ribbon (3rd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bars

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 correcting his DD Form 214 for the period ending 7 February 2003 to show in:

	a.  item 4a that he held the rank of SGT;

	b.  item 4b that he held the pay grade of E-5;

	c.  item 11 that he also held PMOS 92Y; and

	d.  item 13 the following:

* Army Commendation Medal (4th Award)
* Army Achievement Medal (4th Award)
* National Defense Service Medal (3rd Award)
* Southeast [Southwest] Asia Service Medal
* 
Afghanistan Campaign Medal
* Iraq Campaign Medal
* Armed Forces Reserve Medal (3rd Award)
* American Defense Service Medal
* Honorable Service Medal
* Army Reserves Commemorative Medal
* NCO Professional Development Ribbon
* Army Reserve Components Overseas Training Ribbon (4th Award)
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Handgun, Shotgun, and Machine Gun Bars
* Combat Infantryman Badge



      

________________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.


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ABCMR Record of Proceedings (cont)                                         AR20140015080



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