PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 August 2003
         DOCKET NUMBER: AR2003086181


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Kuwait in support of Operation Enduring Freedom as foreign service; and to show award of the Army Commendation Medal, two awards of the Army Achievement Medal and two certificates of achievement. He also requests that his DD Form 214 be corrected to show completion of the Combat Lifesaver Course.

3. The applicant states that his service in Kuwait in support of Operation Enduring Freedom is not shown as foreign service on his DD Form 214 and that the aforementioned awards and training course are not shown on his DD Form 214. In support of his application, he submits a copy of his DD Form 214; a Leave and Earnings Statement (LES) for the period 1-31 January 2002; a DA Form 638 (Recommendation for Award), dated 6 February 2001, for the Army Achievement Medal; a DA Form 638, dated 29 May 2002, for the Army Commendation Medal; two certificates of achievement; and a certificate of training for completion of the Combat Lifesaver Course.

4. The applicant’s military records show that he enlisted on 11 August 1999 for a period of 3 years. He served as a combat engineer and was released from active duty on 10 August 2002.

5. The applicant's DD Form 214 does not show any foreign service in item
12f (Foreign Service). Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 does not show the Army Commendation Medal, two awards of the Army Achievement Medal or two certificates of achievement as authorized awards. Item 14 (Military Education) on his DD Form 214 does not show the Combat Lifesaver Course.

6. Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) is blank.

7. The available records show the applicant was deployed to Kuwait in support of Operation Enduring Freedom; however, his inclusive dates of service are not available. Although the applicant's pay records show he received hostile fire pay in Kuwait from 1 November 2001 through 31 March 2002, these dates are not his inclusive dates of service because the LES covers the entire month of November 2001 and March 2002.

8. There are no orders for the Army Achievement Medal in the applicant's service personnel records. However, the applicant provided a DA Form 638, dated 6 February 2001, which shows he was recommended for award of the Army Achievement Medal for meritorious achievement for the period 11 January 2001 to 15 February 2001. The intermediate authority recommended approval of the recommendation and the approval authority approved the award on
27 February 2001.
9. There are no orders for the Army Commendation Medal in the applicant's service personnel records. However, the applicant provided a DA Form 638, dated 29 May 2002, which shows he was recommended for award of the Army Commendation Medal for expiration term of service for the period 22 December 1999 to 10 August 2002. The two intermediate authorities recommended approval of the recommendation. The approval authority approved the award; however, his action is not dated.

10. Item 8 (Previous Awards) on the applicant's DA Form 638, dated 29 May 2002, shows he previously received two awards of the Army Achievement Medal.
11. The applicant provided a certificate of training which shows he completed the Combat Lifesaver Course in April 2000.

12. 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.

13. Army Regulation 635-5 provides that the country and dates of deployment for an active duty soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 (Remarks) on the DD Form 214.

14. Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

15. Army Regulation 635-5 provides that item 14 will list formal in service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

16. Informal research revealed that the Combat Lifesaver course is a basic medical care course for unit nonmedical personnel.

CONCLUSIONS:

1. The Board noted the applicant's request that his deployment to Kuwait in support of Operation Enduring Freedom be shown as foreign service on his DD Form 214. However, since the applicant's inclusive dates of service in Kuwait are not available, the Board determined that item 12f on the applicant's DD Form 214 will be corrected to show 5 months of foreign service based on his entitlement to hostile fire pay from 1 November 2001 through 31 March 2002. In accordance with the governing regulation, item 18 on the applicant's DD Form 214 will also be corrected to show this period of service in Kuwait.

2. There are no orders available to the Board which authorize award of the Army Commendation Medal to the applicant. However, the applicant provided a DA Form 638 which shows he was recommended for and approved for award of the Army Commendation Medal. The Board determined that this evidence is sufficient as a basis for award of the Army Commendation Medal. Therefore, the applicant's DD Form 214 should be corrected to show this medal.

3. There are no orders available to the Board which authorize award of the Army Achievement Medal to the applicant. However, the applicant provided a DA Form 638 which shows he was recommended for and approved for an award of the Army Achievement Medal on 27 February 2001. The Board determined that this evidence is sufficient as a basis for an award of the Army Achievement. His Army Commendation Medal DA 638 shows he received two awards of the Army Achievement Medal. The Board determined that this evidence is sufficient as a basis for a second award of the Army Achievement Medal. Therefore, the applicant's DD Form 214 should be corrected to show two awards of the Army Achievement Medal.

4. The applicant provided two certificates of achievement. However, in accordance with the governing regulation, certificates of achievement are not recorded on the DD Form 214.

5. Evidence of record shows the applicant completed the Combat Lifesaver Course. Although training courses for combat skills are not listed on the DD Form 214, the Board has determined that this course is not solely a combat skill and that this course will be shown on his DD Form 214 as an exception to regulation.

6. 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 deleting the entry, "0000 00 00" in item 12f on the DD Form 214 of the applicant;

         b. by adding the entry, "0000 05 00" in item 12f on his DD Form 214;
c. by showing that the applicant was awarded the Army Commendation Medal and two awards of the Army Achievement Medal in item 13 on his DD Form 214;

d. by adding the entry, "COMBAT LIFESAVER COURSE, 1 week, 2000" in item 14 on his DD Form 214; and

e. by adding the entry, "SERVICE IN KUWAIT FROM 20011101 T0 20020331" in item 18 on his DD Form 214.

2. That so much of the application as pertains to service and certificates of achievement be denied.

BOARD VOTE:

TSK____ WDP____ FCJ_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ted S. Kanamine_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086181
SUFFIX
RECON
DATE BOARDED	20030812
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.