RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2008
      DOCKET NUMBER:  AR20070011018


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. Susan A. Powers               |     |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 Item 11 (Primary
Specialist), Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized), and Item 14 (Military Education) of his 18
August 2004 Separation Document (DD Form 214).

2.  The applicant states, in effect, that Item 11 of the DD Form 214 in
question should list the military occupational specialty (MOS) 95B
(Military Police); Item 13 should include the Presidential Unit Citation
(PUC), Army Commendation Medal (ARCOM), Combat Action Badge (CAB), and Army
Achievement Medal (AAM); and Item 14 should include the Physical Security
Course.  He asks that his
DD Form 214 be corrected accordingly.

3.  The applicant provides the following documents in support of his
application:  Congressional Record Honoring the 1165th Military Police
Company; CAB Orders; Physical Security Course Certificate of Completion;
ARCOM Certificate; Basic Military Police Course MOS 95B Certificate of
Training and Academic Evaluation Reports (DA Forms 1059), dated 11 April
and 3 June 1999; Recommendation for Award (DA Form 638), dated 18 March
2004; Medical Specialist Course MOS 91B Diploma, dated 24 April 1998;
Active Duty Orders, dated 1 November 2001 and 11 February 2002; Joint Task
Force-Olympics Certificates of Achievement, dated 28 January and 1 March
2002; and 18 August 2004 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he initially entered the Army
National Guard (ARNG) on 15 September 1997.  He entered active duty to
attend his initial active duty for training on 18 November 1997.  He
completed basic training at
Fort Leonard Wood, Missouri, and advance individual training (AIT) in MOS
91B (Medical Specialist) at Fort Sam Houston, Texas.

2.  The applicant's DA Form 2-1 (Personnel Qualification Record (PQR))
shows, in Item 6 (Classification and Assignment Data), that he was awarded
the primary MOS of 91B (Medical Specialist) on 24 April 1998.  Item 8 does
not indicate that he was ever formally awarded any other MOS.

3.  The only MOS orders on file in the applicant's Official Military
Personnel File (OMPF) are Headquarters, United States Army Medical
Department Center and School Orders, Fort Sam Houston, Texas, Orders Number
078-00227, dated

19 March 1998, which awarded the applicant the primary MOS 91B, effective
24 April 1998; and Joint Force Headquarters Alabama National Guard, Orders
Number 293-508, dated 20 October 2005, which awarded the applicant the MOS
91W (Health Care Specialist), effective 25 June 2005.

4.  The applicant's OMPF also contains Alabama Army National Guard, State
Military Department, Personnel Service Branch, Orders Number 238-008, which
promoted the applicant to specialist (SPC), effective 15 July 2000.  The
Additional Instructions of these orders indicated the applicant was
assigned to a position authorized and was working in the duty MOS of 91B at
that time.

5.  The applicant's OMPF also contains an ARCOM Certificate that shows the
applicant was awarded the ARCOM, for his exceptionally meritorious service
while assigned to the 1165th Military Police Company in support of
Operation Iraqi Freedom, from 21 May 2002 through 19 May 2004.  It also
confirms this award was announced in Permanent Orders issued on 24 March
2004.

6.  On 8 March 2003, Alabama State Military Department, Personnel Service
Branch, Orders Number 067-014 ordered the applicant to active duty with his
ARNG unit, the 1165th Military Police Company, effective 15 March 2003, in
support of Operation Enduring Freedom.  The authority section of these
orders indicated the applicant's primary MOS was 91W.

7.  The applicant served on active duty for 1 year, 5 months, and 4 days
until being honorably released from active duty (REFRAD) and returned to
his ARNG unit on 18 August 2004.  Item 11 of the DD Form 214 he was issued
upon his REFRAD shows he served in MOS 91W (Medical Specialist), and Item
13 shows he earned the following awards:  Global War on Terrorism
Expeditionary Medal; National Defense Service Medal; Armed Forces Reserve
Medal with "M" Device; Army Service Ribbon; Expert Marksmanship
Qualification Badge with Grenade Bar; and Marksman Marksmanship
Qualification Badge with Rifle Bar.  Item 18 (Remarks) confirms the
applicant served in Kuwait from 19 May through 19 June 2003, and again from
4 through 11 July 2004; and in Iraq from 19 June 2003 through 4 July 2004.


8.  On 26 February 2006, Headquarters, 167th Theater Support Command,
Alabama ARNG, Permanent Orders Number 057-096, awarded the applicant the
CAB, for actively engaging or being engaged by the enemy on 7 October 2003,
while serving in Iraq.

9.  The applicant provides a Congressional Record extract that honors the
1165th Military Police Company as the first unit of the Alabama ARNG to be
awarded the PUC, for the unit's service in support of Operation Iraqi
Freedom.  He also provides a Certificate of Completion that shows he
completed the Physical Security course at Fort Eustis, Virginia, on 1
February 2000.

10.  The applicant also provides an Academic Evaluation Report and course
completion certificates that show he completed the MOS 95B (Military
Police) basic course at Fort McClellan, Alabama, on 3 June 1999.  In
addition, he submits the DA Form 638 that was submitted on 18 March 2004,
recommending him for the ARCOM for his service with the 1165th Military
Police Company in support of Operation Iraqi Freedom from 21 May 2003
through 19 May 2004.  This document indicates the applicant was assigned
duty in MOS 31B, which is the current military police MOS.

11.  During the processing of this case, a member of the Board staff
reviewed the list of approved unit awards maintained by the Military Awards
Branch, United States Army Human Resources Command.  This search revealed
that during the applicant's tenure of assignment to the 1165th Military
Policy Company during Operation Iraqi Freedom, the unit was awarded the PUC
for the period 16 April through 15 July 2004, and the Valorous Unit Award
(VUA) for the period 23 May 2003 through 31 January 2004.

12.  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.  Chapter 2 contains item-by-item preparation instructions for the DD
Form 214.  The instructions for Item 11 state, in pertinent part, that the
titles of all MOS held as documented on the PQR or ERB will be entered.
The instructions for Item 13 state to enter all awards earned throughout
the member's military career.  The instructions for Item 14 state, in
pertinent part, that only formal in-service (full-time attendance) training
courses successfully completed during the period of service covered by the
DD Form 214, as documented on the PQR or ERB, will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the list of awards entered in Item 13
of his
18 August 2004 DD Form 214 is incomplete was carefully considered and found
to have merit.  The evidence of record confirms the applicant was awarded
the ARCOM, for his meritorious service during Operation Iraqi Freedom, and
that during his tenure of assignment with the 1165th Military Police
Company in Iraq,
the unit was awarded the PUC and VUA, to which he is also entitled.  The
record also shows that he was awarded the CAB, based on his actively
engaging or being engaged by the enemy on 7 October 2003, while serving in
Iraq.  As a result, it would be appropriate to add these awards to Item 13
of his 18 June 2004 separation document at this time.

2.  The applicant's contention that Item 11 of his 18 June 2004 DD Form 214
should list the MOS 91B (Military Police) was also carefully considered.
However, by regulation, the MOSs listed in Item 11 of the DD Form 214 must
have been formally awarded and must be documented on a member's PQR.  In
this case, although his record shows he completed the basic military police
course, and that he may have performed military police duties in Iraq,
there is no evidence of record that shows he was ever awarded this MOS as
either a primary or secondary MOS, or that he was ordered to active duty as
a military police officer.  His DA Form 2-1 shows he was awarded MOS 91B on
24 April 1998, and the only MOS orders on file in his OMPF are the orders
that originally awarded MOS 91B, and orders awarding him MOS 91W in 2005,
which was the result of a Department of the Army (DA) conversion action
that converted MOS 91B to MOS 91W.  Finally, his active duty orders issued
in 2003 indicated he held and was being ordered to active duty in MOS 91W.
As a result, there is an insufficient evidentiary basis to support a change
to the Item 11 entry on the DD Form 214 in question.

3.  The applicant's claim that his completion of the physical security
course on 1 February 2000, should be documented in Item 14 of his DD Form
214, dated 18 August 2004, was also considered.  However, by regulation,
only qualifying courses completed during the period of service covered by
the DD Form 214, in this case 15 March 2003 through 18 August 2004, are
authorized to be entered in Item 14.  Therefore, there is an insufficient
evidentiary basis to support granting this portion of the requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__KAN __  __JAM __  __SAP__  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 Item 13 of his 18 August 2004 DD Form
214 by adding the Army Commendation Medal, Presidential Unit Citation,
Valorous Unit Award and Combat Action Badge; 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 the entries in Item 11 and in Item 14 of his 18 August 2004
DD Form 214.




                                  _____Kathleen A. Newman____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011018                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/08/18                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Comp of Req Svc                         |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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