RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 July 2007
	DOCKET NUMBER:  AR20070003437 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Jeanette R. McCants

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of his Army Commendation Medal, two Army Achievement Medals, the Driver and Mechanic Badge, and the North Atlantic Treaty Organization Medal.  He also requests his service in Bosnia be added to the “Remarks” section of his DD Form 214.

2.  The applicant states that these awards are not included on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, orders awarding him the Army Commendation Medal, two Army Achievement Medals, the Driver and Mechanic Badge, and the North Atlantic Treaty Organization Medal.  He also provides a Certificate of Service for his duty in Bosnia-Herzegovina. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 15 December 2001, the date of his release from active duty.  The application submitted in this case is dated 26 February 2007.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  On 14 January 1998, the applicant enlisted in the Regular Army for 4 years.  He completed his initial training and was awarded military occupational specialty 62J1O (General Construction Equipment Operator).

4.  The Certificate of Service, provided by the applicant, shows that he served in Bosnia-Herzegovina as part of Stabilization Force Six from 31 August to 
5 December 1999, with the 1st Engineer Battalion.

5.  Permanent Orders 064-02, 1st Engineer Battalion, dated 5 March 1999, awarded the applicant the Army Achievement Medal for the period from 
4 January to 8 February 1999, for meritorious achievement during the Brigade Gauntlet Exercise.
6.  On 4 November 1999, the applicant was recommended for award of the Army Commendation Medal for meritorious achievement during the period from 
1 September to 15 December 1999, for completing over 5,000 accident free miles in less than 4 months while deployed to Bosnia-Herzegovina.  This recommendation was downgraded.  Permanent Orders 332-09, 2nd Brigade Task Force, Camp Eagle, Bosnia, dated 28 November 1999, awarded the applicant the Army Achievement Medal (Oak Leaf Cluster) for his outstanding achievement.

7.  The applicant has provided a copy of a certificate showing that he was awarded the North Atlantic Treaty Organization Medal for his service in Bosnia-Herzegovina during the period from 1 September through 5 December 1999.

8.  Permanent Orders 172-01, 1st Engineer Battalion, dated 21 June 2001, awarded the applicant the Driver and Mechanic Badge [with Driver-W Bar] for the period from August 1999 to June 2001.

9.  Permanent Orders 268-05, 1st Brigade, 1st Infantry Division, dated 
25 September 2001, awarded the applicant the Army Commendation Medal for meritorious service during the period from 1 April 1998 to 15 October 2001.

10.  On 15 December 2001, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist, pay grade E4, and had completed 3 years, 11 months, and 2 days of creditable active duty.

11.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show 
his 3 months and 6 days of overseas service in Bosnia-Herzegovina from 
31 August to 5 December 1999.

12.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the Army Good Conduct Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  It does not show award of the Army Commendation Medal, the Army Achievement Medal, or the North Atlantic Treaty Organization Medal.

13.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Service Medal for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal 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.  

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Driver and Mechanic Badge is authorized a component bar "Driver-W" for wheeled vehicles.

17.  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 standardized policy for the preparation of the DD Form 214.  It states that, for completing block 12f (Foreign Service), from the Enlisted Records Brief (ERB), enter the total amount of foreign service completed during the period of service covered in block 12c (Net Active Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders show that the applicant was awarded the Army Commendation Medal and two Army Achievement Medals.  Therefore, his records should be corrected to show these awards.

2.  Permanent Orders show that the applicant was awarded the Driver and Mechanic Badge [with Driver-W Bar].  Therefore, his records should be corrected to show this award.

3.  Evidence shows that he served during a qualifying period for award of the North Atlantic Treaty Organization Medal and received the corresponding certificate.  Therefore, his records should be corrected to show this award.

4.  Records show the applicant served in the United States Army during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

5.  Records show the applicant served in the United States Army during a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, his records should be corrected to show this award.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 December 2001; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
14 December 2004.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

 _JRM __  __JCR __  __TMR__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  showing in Item 12f of his DD Form 214 his Foreign Service as 
3 months and 5 days; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards includes the National Defense Service Medal, North Atlantic Treaty Organization Medal, Army Commendation Medal, Army Achievement Medal with Oak Leaf Cluster, Global War on Terrorism Service Medal, and the Driver and Mechanic Badge with Driver-W Bar.




_____    Jeanette R. McCants____
                            CHAIRPERSON




INDEX

CASE ID
AR20070003437
SUFFIX

RECON
 
DATE BOARDED
20070731
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107 
2.

3.

4.

5.

6.