IN THE CASE OF:  	  

		BOARD DATE:  6 October 2015	  

		DOCKET NUMBER:  AR20150002282 


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 23 June 2007 to show award of the Army Reserve Components Overseas Training Ribbon (ARCOTR) and the Meritorious Unit Commendation (MUC) (3rd Award).

2.  The applicant states:

     a.  He was a U.S. Army Reserve (USAR) officer for over 20 years.  He deployed to Egypt for Operation Bright Star for a training operation.  He believes that he has met the criteria for award of the ARCOTR.  He has enclosed several documents to verify his participation in Operation Bright Star to include an Army Commendation Medal (ARCOM) he received for his service.

    b.  He simply request his DD Form 214 be amended to reflect the ARCOTR which is awarded to Reserve Component (RC) Soldiers who spend more than 10 days overseas on a training exercise.  During his service he was always a USAR officer.  He was unaware of the ARCOTR until another service member pointed it out.  He wants to have his records corrected prior to his death.

     c.  His DD Form 214 reflects a single award of the MUC but he should have received three awards of the MUC.  It often takes years for a general or permanent order to be published for unit citations.  He was made aware of the unit citations by another veteran.  He was awarded the MUC while assigned to the following units:

* 123rd Support Battalion, during Operation Desert Storm
* 325th Support Battalion, during Operation Enduring Freedom (OEF)
* 399th Combat Support Hospital

3.  The applicant provides:

* memorandum, subject:  Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), dated 7 May 2009
* Army Human Resources Command (HRC) Form 249 (Chronological Statement of Retirement Points)
* DA Form 137-R (Installation Clearance Record)
* DD Form 214
* Orders
* Meritorious Service Medal (MSM) Certificate
* Bronze Star Medal (BSM) Certificate
* two ARCOM 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’s records show he was appointed as a Medical Services Corps captain in the USAR and executed an oath of office on 8 June 1987.  

3.  Orders A-03-005275, issued by U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 2 March 1987, show he was ordered to active duty with a reporting date of 22 June 1987.

4.  He entered active duty on 20 June 1987.  

5.  While serving on active duty as a USAR officer with the 47th Field Hospital, he received the ARCOM for exceptionally meritorious service while assigned as an emergency room physician during Operation Bright Star from 15 October 1993 to 28 November 1993.  

6.  General Orders Number 1, issued by Headquarters, Department of the Army, Washington, D.C., dated 31 March 1996, show the 123rd Support Battalion was awarded the MUC for the period 17 December 1990 to 4 May 1991.

7.  He was discharged from active duty on 30 September 1996 and transferred to the USAR.  He completed 9 years, 3 months, and 11 days of net active service this period.  The DD Form 214 issued to him at that time shows he was awarded or authorized:

* MSM
* Joint Service Commendation Medal
* ARCOM (2nd Award)
* Army Achievement Medal (AAM) (2nd Award)
* Army Superior Unit Award
* National Defense Service Medal (NDSM)
* Southwest Asia Service Medal (SWASM) with two bronze service stars
* Armed Forces Reserve Medal (AFRM) 
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Multinational Force and Observers Medal (2nd Award)
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Parachutist Badge
* Air Assault Badge

8.  On 5 July 2004, he was ordered to active duty in support of OEF.

9.  A BSM Certificate, dated 27 December 2004, shows he was awarded the BSM for exceptionally meritorious service from 14 July 2004 to 10 January 2005. A DA Form 67-9 (Officer Evaluation Report) shows he was assigned to the 325th Field Hospital during this period of service.

10.  On 30 January 2005, he was released from active duty (REFRAD) and transferred to the USAR.  He completed 6 months and 26 days of net active service this period.  The DD Form 214 (as corrected by a DD Form 215 (Correction to DD Form 214) issued to him at that time showed he was awarded or authorized:

* BSM
* MSM
* Joint Service Commendation Medal
* ARCOM (3rd Award)
* AAM (2nd Award)
* Army Superior Unit Award
* NDSM (2nd Award)
* SWASM with two bronze service stars
* AFRM
* AFRM with "M" Device 
* ASR
* OSR
* Multinational Force and Observers Medal (2nd Award)
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Parachutist Badge
* Air Assault Badge
* MUC
* Afghanistan Campaign Medal (ACM)
 
11.  On 25 February 2007, he was ordered to active duty in support of Operation Iraqi Freedom (OIF).

12.  Permanent Order (PO) Number 147-006, issued by Task Force, 3d Medical Command, dated 27 May 2007, awarded him the MSM for exceptionally meritorious service as the Chief of Emergency Medicine during OIF from 8 March 2007 to 3 June 2007.  It shows he was assigned to Bravo Company, Task Force 399th Combat Support Hospital.

13.  On 23 June 2007, he was REFRAD and transferred to the USAR.  He completed 3 months and 29 days of net active service this period.  The 
DD Form 214 issued to him at that time showed he was awarded or authorized:

* BSM
* MSM (2nd Award)
* Joint Service Commendation Medal
* ARCOM (3rd Award)
* AAM (AAM) (2nd Award)
* MUC
* Army Superior Unit Award
* NDSM with bronze star
* ACM
* SWASM with two bronze service stars
* Iraq Campaign Medal
* AFRM (2nd Award) with "M" Device
* AFRM with 10-year Device 
* ASR
* OSR
* Multinational Force and Observer Medal (2nd Award)
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Parachutist Badge
* Air Assault Badge

14.  PO Number 357-02, issued by HRC, Alexandria, VA, dated 22 December 2008, awarded Hospital Company B, 399th Combat Support Hospital the MUC for the period 27 September 2006 to 19 September 2007.   

15.  His record is void of evidence and he does not provide any evidence showing he completed any periods of annual training or active duty training while in an active reserve status (not on active duty in the active Army) for a period not less than 10 consecutive days on foreign soil.   

16.  Lineage and Honors Information, updated as of 17 March 2015, does not show that the 325th Field Hospital was awarded a MUC during OEF.  A search of the U.S. Army Human Resources Command website for unit awards did not reveal award of a MUC for the 325th Field Hospital during the period the applicant was assigned to the unit. 

17.  Army Regulation 600-8-22 (Military Awards) states the ARCOTR is awarded to members of the Reserve Components 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.  Effective 11 July 1984, all members of the Army National Guard and U.S. Army Reserve are eligible for this award if they were active reserve status members of the Army National Guard or U.S. Army Reserve (not on active duty in the active Army).  The ARCOTR may be awarded retroactively to those personnel who successfully completed annual training or active duty for training on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984.  

18.  Army Regulation 670-1 (Uniforms and Insignia - Wear and Appearance of Army Uniforms and Insignia) provides the criteria for permanent wear of unit awards.  It states a Soldier may wear a unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or if the individual was attached by competent orders to, and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the ARCOTR for his service during Operation Bright Star.

2.  His record is void of evidence and he does not provide any showing he completed any periods of annual training or active duty training while in an active reserve status (not on active duty in the active Army) for a period not less than 10 consecutive days on foreign soil.  He was serving on active duty in the active Army when he participated in Operation Bright Star.  

3.  Neither lineage and honors information or the HRC website show that the 325th Field Hospital was awarded a MUC during OEF.

4.  The 123rd Support Battalion and Company B, 399th Combat Support Hospital were awarded the MUC during the periods the applicant was assigned to those units.  His DD Form 214 does not show the MUC (2nd 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.  deleting from his DD Form 214 for the period ending 23 June 2007 the MUC and

     b.  adding to his DD Form 214 for the period ending 23 June 2007 the MUC (2nd Award).

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 ARCOTR and the MUC (3rd Award).  



      _______ _   _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)                                         AR20150002282





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