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ARMY | BCMR | CY2006 | 20060002906C070205
Original file (20060002906C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         17 October 2006
      DOCKET NUMBER:  AR20060002906


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his 20 December 2003
separation document (DD Form 214).

2.  The applicant states, in effect, Item 11 (Primary Specialty) of his DD
Form 214 should be corrected to show his primary military occupational
specialty (MOS) was 11H (Anti-Armor Infantryman) from 15 January 2000
through the phase out of the MOS.  He also claims that Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) should include the, Global War on Terrorism Service Medal
(GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), Driver and
Mechanic Badge with "W" (Driver) Bar, and weapons qualification badges
based on his qualifying as an Expert with the Pistol, Carbine, and
Automatic Weapon; his qualifying as a Sharpshooter
(1st Class Gunner) with the Rifle, Missile (M220A2), Machine Gun and
Automatic Grenade Launcher; and as a Marksman (2nd Class Gunner) with the
Hand Grenade.  He further indicates Item 14 (Military Education) should
include the two-week "TOW" Weapons Training Course he completed in January
2000.  In addition, he claims Item 15b (High School Graduate or Equivalent)
should show he is a high school graduate, and Item 16 (Days Accrued Leave
Paid) should show he was paid for 25 days of accrued leave.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Afghanistan Orders; Driver's Badge
Orders; Iraq Orders; TOW Course Certificate; and Weapons Qualification
Documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army and
entered active duty on 18 August 1999.  The Record of Military Processing-
Armed Forces of the United States (DD Form 1966) completed on him during
his enlistment processing confirms he graduated from Mansfield High School,
Mansfield, Missouri, in 1997.

2.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 17 (Civilian Education and Military Schools) that he attended
Mansfield High School for 4 years and completed high school in 1997.  Item
35 (Record of Assignments) shows he completed One Station Unit Training at
the United States Army Infantry Center, Fort Benning, Georgia, which
included the TOW Weapons Training Course.

3.  The applicant's record contains a Certificate of Training that confirms
he attended the TOW Weapons Training Course from 5 through 14 January 2000.
It also includes Headquarters, United States Army Infantry Center Orders
Number 300-1603, dated 27 October 1999, which confirms he was awarded the
primary MOS 11H on 21 December 1999.

4.  On 23 September 2003, Headquarters, 101st Airborne Division (Air
Assault), Fort Campbell, Kentucky, awarded the applicant the Driver and
Mechanic Badge with "W" Bar.  His record also contains a Combat Pistol
Qualification Course Record Scorecard, which shows he scored 300 on the
course, which qualified him as an expert with the Pistol.  There are no
other weapons qualification scorecards on file in his record.

5.  On 20 December 2003, the applicant was honorably separated at the
completion of his required active service.  The DD Form 214 he was issued
shows he held the rank of SPC and that he had completed a total of 4 years,

4 months, and 3 days of active military service.  Item 11 shows he served
in MOS11B for 4 years.  Item 13 shows he earned the following awards:  Army
Achievement Medal; Army Commendation Medal (2); Army Good Conduct Medal;
National Defense Service Medal; Army Service Ribbon; Overseas Service Bar
(2); Expert Qualification Badge with Grenade Bar; Combat Infantryman Badge;
Expert Infantryman Badge; and Air Assault Badge.

6.  Item 14 of the applicant's DD Form 214 contains entries documenting his
completing of the Combat Lifesaver's Course and Unit Armorer Course.  Item
15b contains a check mark in the "No" block, and Item 16 shows he was paid
for 25 days of accrued leave.  Item 18 contains entries confirming he
served in Afghanistan from 15 January 2002 through 20 July 2002 and in
Kuwait/Iraq from 1 March 2003 through 8 September 2003.

7.  Coordination with the Human Resources Command (HRC), Enlisted Personnel
Management Directorate (EPMD), Infantry Branch, revealed MOS 11H was
converted to MOS 11B in 2002.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

9.  Chapter 2 contains item-by-item instructions.  The instructions for
Item 11 state, in pertinent part, that the titles of all MOSs served in for
at least 1 year will be entered and that the entry will include the MOS
code, number of years and months served (16 days of more count as a month).
 The instructions for Item 13 state that all awards and decorations for all
periods of service will be entered.

10.  The instructions for completing Item 14 contained in the separation
documents regulation state that all formal in-service training courses
successfully completed during the period of service covered by the DD Form
214 will be entered, with the exception of training courses for combat
skills.  It further indicates that the information contained in Item 14 is
to assist the Soldier in job placement and counseling; therefore, training
courses for combat skills will not be listed.

11.  The instructions for Item 15b contained in the same regulation state,
in pertinent part, that the "YES" block will be checked for those members
who have completed high school, or who have a GED.  The instructions for
Item 16 state, in pertinent part, that the number of days of accrued leave
being paid to the Soldier or the word "NONE" will be entered.

12.  Human Resources Command (HRC) Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the GWOTSMl.  This
award is designated for Soldiers who have participated in or served in
support of Global War on Terrorism (GWOT) operations outside of the
designated area of eligibility (AOE) determined for award of the GWOTEM on
or after 11 September 2001 to a date to be determined.  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 this award.

13  HRC Message (Date Time Group 17 March 2004) disseminated implementing
instructions for award of the GWOTEM for Soldiers who deploy abroad for
service in the GWOT operations on or after 11 September 2001 to a date to
be determined.  To be eligible for this award a Soldier must be mobilized
with or assigned or attached to a unit participating in designated
operations for 30 consecutive days or for 60 nonconsecutive days in a
designated AOE in direct support of Operations Enduring Freedom and/or
Iraqi Freedom.

14.  Military Awards Branch (MAB) Message, dated 8 April 2005, provided the
following implementing instructions for award of the Afghanistan Campaign
Medal.  Award of the Afghanistan Campaign Medal is authorized for service
in direct support of Operation Enduring Freedom on or after 24 October 2001
to a future date to be determined by the Secretary of Defense or the
cessation of the operation.  The AOE includes all land areas and air spaces
of the country of Afghanistan.  To qualify for award of this campaign
medal, service members must have been assigned or attached to or mobilized
with units operating in these areas of eligibility for 30 consecutive days
or for 60 non-consecutive days.
Only one award of the Afghanistan Campaign Medal may be authorized for any
individual.  Service stars are not prescribed for wear with this medal;
however, the Afghanistan Campaign Medal may be awarded with the bronze
arrowhead device to eligible Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contains enlistment processing documents that
confirm he graduated from high school in 1997, prior to his entry on active
duty, and this is supported by an entry in Item 17 of his DA Form 2-1.
Therefore, it would be appropriate to correct Item 15b of his DD Form 214
by deleting the current check in the No block and adding a check mark to
the Yes block to confirm he is a high school graduate.

2.  The evidence of record also confirms the applicant was awarded MOS 11H
on
21 December 1999, and that he served in that MOS for 2 years and 9 months
until September 2002, at which time MOS 11H was converted to MOS 11B.  As a
result, it would be appropriate to amend Item 11 of his DD Form 214 by
deleting the current entry and replacing it with the entries "11H10 - Heavy
Anti-Armor Weapons Infantryman - 2 years and 9 months" and "11B10 -
Infantryman - 1 year and 3 months".

3.  The record further confirms that after 11 September 2001, the applicant
served on active duty in an area other than a designated AOE for 30 or more
consecutive days; that he served in Kuwait/Iraq from 1 March through
8 September 2003; and that he served in Afghanistan from 15 January through
20 July 2002.  Therefore, he is entitled to the GWOTSM, GWOTEM, and
Afghanistan Campaign Medal, and it would be appropriate to add these awards
to Item 13 of his separation document.

4.  The applicant's record contains orders awarding him the Driver and
Mechanic Badge with "W" (Driver) Bar on 23 September 2003, and a weapons
qualification scorecard that confirms he qualified as an expert on the
combat pistol course.  Therefore, it would be appropriate to add the Driver
and Mechanic Badge with "W" Bar and Expert Qualification Badge with Pistol
Bar to the list of awards contained in Item 13 of his DD Form 214.

5.  The applicant's contention that Item 16 should be corrected to show he
was paid for 25 days of accrued leave upon his separation was also
carefully considered.  However, Item 16 contains the entry "25", which
confirms he was paid for 25 days of accrued leave upon his discharge.  As a
result, it appears there is no error or injustice related to this entry.

6.  By regulation, the information contained in Item 14 is to assist the
Soldier in job placement and counseling; therefore, training courses for
combat skills will not be listed.  The TOW course completed by the
applicant is a combat skill course and as a result it was properly omitted
from Item 14 of his DD Form 214.  Therefore, there is an insufficient
evidentiary basis to support granting this portion of the requested relief.


7.  The applicant's record is void of weapons qualification scorecards
pertaining to his qualifying as an Expert with the Carbine and Automatic
Weapon, that he qualified as a Sharpshooter (1st Class Gunner) with the
Rifle, Missile, Machine Gun and Automatic Grenade Launcher, or that he
qualified as a Marksman
(2nd Class Gunner) with the Hand Grenade.  Therefore, there is an
insufficient evidentiary basis to support adding additional weapons
qualification badges for qualification with these weapons to Item 13 of his
separation document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JTM _  ___PBF _  __RCH__  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 amending his 20 December 2003 DD Form 214 by
deleting the current entry in Item 11 and replacing it with the entries
"11H10 - Heavy Anti-Armor Weapons Infantryman - 2 years and 9 months" and
"11B10 - Infantryman - 1 year and
3 months";  by adding the Global War on Terrorism Service Medal, Global War
on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, Driver and
Mechanics Badge with "W" Bar, and Expert Qualification Badge with Pistol
Bar to Item 13; by deleting the current check mark in the No block and
replacing it with a check mark in the "Yes" block of Item 15b; and by
providing him a correction to his separation document that includes these
changes.

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
correction of Item 14, and Item 16 of his DD Form 214, and to adding
additional weapons qualification badges to Item 13.




                                  _____John T. Meixell______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060002906                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/12/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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