PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002081108


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Lawrence Foster		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of her records to show two "Expeditionary Awards" (correctly known as Armed Forces Expeditionary Medals), two Army Achievement Medals and one Army Commendation Medal. She also requests correction of her records to show eight months of overseas training and an additional military occupational specialty (MOS) of 63H10 (track vehicle repairer).

3. The applicant states that she was deployed to Kuwait from 16 April 2000 through 16 August 2000 and from 16 April 2001 through 16 August 2001. She contends that she received awards that were not recorded on her DD Form 214 (Certificate of Release or Discharge from Active Duty). In support of her application, she submitted a copy of her DD Form 214, orders awarding MOS 63H10, a diploma from the Ordnance Center and School, a Certificate of Achievement, two DA Forms 638 (Recommendation for Award), two award certificates for the Army Achievement Medal, and an award certificate for the Army Commendation Medal.

4. The applicant’s military records show that she enlisted in the Regular Army on 11 June 1999 and was honorably released from active duty on 10 June 2002. She is currently serving in the Army National Guard in the rank of specialist.

5. The applicant's DD Form 214 does not show entitlement to any awards of the Armed Forces Expeditionary Medal, the Army Achievement Medal or the Army Commendation Medal.

6. The applicant provided a copy of a Department of Defense Certificate of Achievement authenticated by a command sergeant major (CSM) and a lieutenant colonel in command. This certificate shows she was awarded the Armed Forces Expeditionary Medal for meritorious achievement as a member of Task Force 1st Battalion, 9th Cavalry Regiment during its deployment to Kuwait for Operation Desert Spring (Intrinsic Action 00-02).

7. The applicant provided a copy of an award certificate which shows she was awarded a second award of the Army Achievement Medal for meritorious service during the deployment to Operation Desert Spring (Intrinsic Action 00-02) from 18 April 2000 to 18 August 2000 based on Headquarters, 1st Battalion, 9th Cavalry Regiment, 1st Cavalry Division Permanent Orders Number 211-92.

8. The applicant provided a copy of an award certificate which shows she was awarded the Army Achievement Medal for meritorious achievement from 16 April 2001 to 16 August 2001 based on Headquarters, 3rd Battalion, 8th Cavalry, 1st Cavalry Division Permanent Order Number 212-03.

9. She also provided a copy of an award certificate, dated 9 April 2001, which shows she was awarded the Army Commendation Medal for meritorious service during the period 23 January 2000 to 16 June 2002 based on Headquarters, DISCOM, 1st Cavalry Division Permanent Order Number 099-3, dated 9 April 2002.

10. The applicant's DD Form 214 does not show any foreign service in
item 12f (Foreign Service). There is no entry in item 18 (Remarks) which shows the applicant was deployed to Kuwait.

11. The citation on the applicant's award certificate for the Army Achievement Medal states that she was recognized for meritorious service during the deployment to Operation Desert Spring (Intrinsic Action 00-02) as a member of 215th Forward Support Company, Task Force 1st Battalion, 9th Cavalry Regiment from 18 April 2000 to 18 August 2000.

12. Additionally, the citation on the applicant's award certificate for the second award of the Army Achievement Medal states that she was recognized for her support of Task Force 3rd Battalion, 8th Cavalry deployment to Operation Desert Spring (Intrinsic Action 01-02) during the period 16 April 2001 to 16 August 2001.

13. Item 11 (Primary Specialty) on the applicant's DD Form 214 shows the entry "63S10 00 HVY WHEELED VEH MECH—2 YRS-6 MOS//NOTHING FOLLOWS."

14. Department of the Army, U.S. Army Garrison, Aberdeen Proving Ground Orders 272-48, dated 29 September 1999, awarded the applicant the primary MOS 63H to be effective upon completion of the 63H course. There is no evidence of record available to the Board which shows she was awarded MOS 63S.

15. The applicant provided a copy of her diploma from the Ordnance Center and School at Aberdeen Proving Ground which shows she successfully completed the Track Vehicle Repairer Course 611-63H10 during the period 3 December 1999 to 15 December 1999. Item 14 (Military Education) on her discharge document shows she completed training as a track vehicle repairer in 1999.

16. The DA Form 638, dated 5 February 2002, submitted by the applicant, indicates that she was recognized for her meritorious service while serving as a "track vehicle mechanic" with the 215th Forward Support Battalion from January 2000 to May 2002. Her award certificate for the Army Achievement Medal shows she served as a "63H, track vehicle repairer" from 18 April 2000 to 18 August 2000.

17. MILPER Message Number 00-102 (with a date/time group of 140947Z February 2000) provided for award of the Armed Forces Expeditionary Medal (AFEM) for participation in Operation Desert Spring in the expanded area of eligibility (AOE) of Southwest Asia Iraq operations. The period authorized for award of the AFEM was from 31 December 1998 to a date to be determined. The message limited eligibility for award of the Armed Forces Expeditionary Medal to those U.S. military forces who participated in, or directly supported, within the area of operations. Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for a period of 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met. This message states that service members are entitled to only one AFEM for assignment to Operation Southern Watch, Maritime Intercept Operation Vigilant Sentinel, Operation Northern Watch, Operation Desert Thunder, Operation Desert Fox, and Operation Desert Spring.

18. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket. However, for service in Southwest Asia, Department of the Army issued guidance that service in a temporary duty status in that theater would not be reported as foreign service unless for a period longer than 6 months and that Southwest Asia service would be reported in item 18 (Remarks) of the DD Form 214.

19. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military, service will be entered in item 11 (Primary Specialty).

CONCLUSIONS:

1. The Board considered the applicant's request for two awards of the Armed Forces Expeditionary Medal.

2. The applicant provided an award certificate which shows she was awarded the Armed Forces Expeditionary Medal for deployment to Kuwait in support of Operation Desert Spring (Intrinsic Action 00-02) from 18 April 2000 to 18 August 2000.

3. There is no evidence available to the Board which shows she was awarded a second award of the Armed Forces Expeditionary Medal.

4. Evidence of record shows that the applicant was deployed to Kuwait in support of Operation Desert Spring (Intrinsic Action 01-02) during the period 16 April 2001 to 16 August 2001.

5. However, the Board noted that the Military Awards regulation precludes two awards of the Armed Forces Expeditionary Medal for participation in support of Operation Desert Spring. Therefore, the applicant is entitled to one award of the Armed Forces Expeditionary Medal and correction of her DD Form 214 to show the Armed Forces Expeditionary Medal.

6. The Board considered the applicant's request for two awards of the Army Achievement Medal.

7. Records show the applicant was awarded the Army Achievement Medal for meritorious service during the period 18 April 2000 to 18 August 2000.

8. Records also show that the applicant was awarded a second award of the Army Achievement Medal for meritorious achievement from 16 April 2001 to 16 August 2001.

9. Therefore, the applicant is entitled to two awards of the Army Achievement Medal and correction of her DD Form 214 to show the Army Achievement Medal (First Oak Leaf Cluster).

10. Evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious service during the period 23 January 2000 to 16 June 2002. Therefore, she is entitled to correction of her records to show one award of the Army Commendation Medal.

11. The Board considered the applicant's contention that she was deployed to Kuwait from 16 April 2000 through 16 August 2000 and from 16 April 2001 through 16 August 2001.

12. However, evidence of record shows she was deployed to Kuwait from 18 April 2000 to 18 August 2000 and from 16 April 2001 through 16 August 2001.

13. Since the applicant served in Southwest Asia in a temporary duty status for two periods of four months each, there is no basis for amending item 12f on her DD Form 214 to show foreign service.

14. However, she is entitled to correction of item 18 (Remarks) on her DD Form 214 to show the entries: "KUWAIT SERVICE: 18 APR 00 TO 18 AUG 00" and "KUWAIT SERVICE: 16 APR 01 TO 16 AUG 01."

15. The Board further considered the applicant's request for correction of her DD Form 214 to show an additional MOS of 63S (heavy wheeled vehicle mechanic).

16. Evidence of record shows the applicant successfully completed the Track Vehicle Repairer Course and was awarded MOS 63H. The Board reviewed the award certificates submitted by the applicant which shows she served in the primary MOS 63H for more than one year.

17. Although the applicant's DD Form 214 shows she served in MOS 63S for 2 years and 6 months, there is no evidence of record available to the Board which shows she was awarded MOS 63S or that she served in MOS 63S for more than one year.

18. Upon careful review of all the evidence submitted by the applicant, the Board determined that an administrative error has occurred in this case. Therefore, it would be appropriate to amend the applicant's DD Form 214 to show her primary MOS as "63H" instead of "63S."

19. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by showing the individual concerned was awarded the Armed Forces Expeditionary Medal, the Army Achievement Medal (First Oak Leaf Cluster), and the Army Commendation Medal;

b. by amending item 18 (Remarks) on her DD Form 214 to show the entries: "KUWAIT SERVICE: 18 APR 00 TO 18 AUG 00" and "KUWAIT SERVICE: 16 APR 01 TO 16 AUG 01";

c. by deleting the entry "63S10 00 HVY WHEELED VEH MECH—2 YRS-6 MOS//NOTHING FOLLOWS" from item 11 (Primary Specialty) on her DD Form 214; and

d. by adding the entry "63H10 00 HVY WHEELED VEH MECH—2 YRS- 6 MOS//NOTHING FOLLOWS" to item 11 on her DD Form 214.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JNS_____ REB____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081108
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.	100.0500
3.
4.
5.
6.