IN THE CASE OF:  	  

		BOARD DATE:  27 August 2015	  

		DOCKET NUMBER:  AR20140020290 


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 all medals and awards authorized for Operation Bright Star, the shoulder sleeve insignia-former wartime service (SSI-FWTS), and a second award of the Armed Forces Reserve Medal (AFRM) with "M" Device.

2.  The applicant states it would be unjust not to update his DD Form 214 because it is an incomplete record and does not reflect his complete service.

3.  The applicant provides:

* orders
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* memorandum, subject:  Wear of AFRM with "M"  Device upon redeployment to U.S.
* memorandum, subject:  Wear of SSI-FWTS, dated 9 January 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.  The applicant enlisted in the U.S. Army Reserve (USAR) on 13 March 1991.  He was ordered to active duty for training with a reporting date of 22 May 1991.  He was released from active and transferred back to his USAR on                        6 September 1991 after completing initial entry training.  

3.  The DD Form 214 he was issued at that time showed he completed 3 months and 15 days of net active service this period.

4.  Order Number 00036, issued by 90th Regional Support Command, North Little Rock, AR, dated 25 September 2001, shows he was ordered to annual training (AT) for 22 days in Egypt for the joint training exercise Operation Bright Star.  He did not receive a DD Form 214 for this training period nor is there evidence that he received any awards or decorations.

5.  He was ordered to active duty from the U.S. Army Reserve on                      15 February 2002 in support of Operation Enduring Freedom (OEF).  He was released from active duty on 13 April 2003.

6.  His DD Form 214, as corrected by a DD Form 215, shows in:

* block 12f (Foreign Service) – no foreign service
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* AFRM with "M"  Device 
* Noncommissioned Officers Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar 
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal 

* block 18 (Remarks) – he received imminent danger pay from 4 June 2002 to 4 March 2003, a period of 9 months.

7.  He provides a memorandum for record, subject:  Wear of SSI-FWTS, issued by Logistical Task Force 329, dated 9 January 2003 which shows he was approved to wear the SSI-FWTS.

8.  Army Human Resource Command Form 249-E (Chronological Statement of Retirement Points), dated 26 August 2015, show he completed 9 years of qualifying service for retirement.
 
9.  A review of his Official Military Personnel File (OMPF), failed to show any authorizations for decorations, medals, badges, citations and/or campaign ribbons that are not already listed on his DD Form 214.

10.  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 the standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  

11.  Army Regulation 670-1 (Uniforms and Insignia) 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.

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

	a.  The AFRM 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. 

	b.  The "M" Device is 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.

13.  Army Regulation 600-8-22 states the Army Reserve Components Overseas Training Ribbon (ARCOTR) is awarded to members of the RC of the Army for successful completion of annual training or active duty for training for a period of not less than 10 consecutive duty days on foreign soil.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was deployed during the period 4 June 2002 to 4 March 2003, a period of 9 months.  This foreign service was not recorded in item 12f of his DD Form 214.  It would be appropriate to amend his DD Form 214 to add this entry documenting his foreign service at this time.

2.  He was ordered to AT for 22 days for a training exercise in Egypt.  He met the eligibility criteria for the ARCOTR.  His DD Form 214 should be corrected to show the ARCOTR.

3.  His request for a second award of the Armed Forces Reserve Medal (AFRM) with "M" Device was carefully considered and found to be without merit.

4.  The "M" Device is worn on the Armed Forces Reserve Medal to denote service by RC personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

5.  He has already been awarded the AFRM with "M" Device for his qualifying service and his deployment in support of OEF.  His period of AT in Egypt is properly recognized with the ARCOTR.  He is not authorized a second AFRM with "M" Device for this period of AT.

6.  Regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS on a DD Form 214.  Therefore, there is no basis for adding the
SSI-FWTS 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:

     a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00"  replacing it with the entry "0000  09  00" and

     b.  adding to item 13 of his DD Form 214 the ARCOTR.

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 a second award of the AFRM (2nd Award) and the SSI-FWTS.  



      ____________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)                                         AR20140020290





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ABCMR Record of Proceedings (cont)                                         AR20140020290



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