RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2008
	DOCKET NUMBER:  AR20070016558 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Ms. LaVerne M. Douglas

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  award of the Army Commendation Medal (1st Oak Leaf Cluster), the Army Achievement Medal (2nd Oak Leaf Cluster), the Good Conduct Medal, the Expert Infantryman Badge, the Air Assault Badge, the Kosovo Campaign Medal, the NATO Medal, the Noncommissioned Officer Professional Development Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the III Corps NCO Academy Commandant’s Certificate;  

	b.  completion of the Primary Leadership Development Course, the Air Assault Course, the Combat Lifesaver Course, the JAVELIN Gunner’s Course, the JAVELIN Training Device Course, the Anti-Terrorism/Force Protection (AT/FP) Level I Training, and the Motor Vehicle Operator training; and 

c.  award of Skill Qualification Identifier (SQI) “L.” 

2.  The applicant states, in effect, that the awards and military courses were left off his DD Form 214 due to an administrative oversight.  

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 19 December 2002.

	b.  Headquarters, Task Force Falcon, Permanent Order 221-07, dated 9 August 2001, and Certificate, awarding the Army Commendation Medal.

	c.  Headquarters Company, 2nd Brigade, Fort Campbell, Kentucky, Permanent Order 086-002, dated 26 March 2002, and Certificate, awarding the Army Commendation Medal.  

	d.  Headquarters, Infantry Training Brigade, Fort Benning, Georgia, Permanent Order Number 161-4, dated 10 June 1999, and Certificate, awarding the Army Achievement Medal. 

	e.  Headquarters, 2nd Battalion, 502nd Infantry, Fort Campbell, Kentucky, Permanent Orders Number 246-01, dated 2 September 2001, and Certificate, awarding the Army Achievement Medal.
	f.  Headquarters, 2nd Battalion, 502nd Infantry, Fort Campbell, Kentucky, Permanent Orders Number 303-18, dated 30 October 2001, and Certificate, awarding the Army Achievement Medal.

	g.  Headquarters, 101st Airborne Division, Fort Campbell, Kentucky,  Permanent Orders 114-014, dated 24 April 2002, and Certificate, awarding the Good Conduct Medal (1st Award). 

	h.  North Atlantic Treaty Organization (NATO) Certificate, dated 17 November 2001, awarding the NATO Medal. 

	i.  Headquarters, Multi-National Brigade (East), Camp Bondsteel, Kosovo, Memorandum for Record, dated 29 November 2001, awarding the Kosovo Campaign Medal. 

	j.  Headquarters, 101st Airborne Division, Fort Campbell, Kentucky,  Permanent Orders 319-241, dated 14 November 2000, and Certificate, awarding the Expert Infantryman Badge.

	k.  Headquarters, 101st Airborne Division, Fort Campbell, Kentucky,  Permanent Orders 236-222, dated 24 August 1999, and Certificate, awarding the Air Assault Badge.

	l.  DA Form 1059 (Service School Academic Evaluation Report) and Certificate of Completion, dated 21 June 2001, Primary Leadership Development Course. 

	m.  III Corps NCO Academy, Fort Hood, Texas, Commandant's Certificate, dated 21 June 2002.

	n.  DA Form 3595-R (Record Fire Scorecard), dated 28 March 2001.

	o.  Certificate of Training, dated 9 March 2001, Combat Life Saver Course.

	p.  Certificate of Training, dated 12 July 2002, JAVELIN Training Device Course.

q.  Certificate of Training, dated 23 August 2002, JAVELIN Gunner’s Course.


	r.  Headquarters, 2nd Battalion, 502nd Infantry, Fort Campbell, Kentucky, Memorandum, dated 13 December 2001, completion of AT/FP Level I Training.  

	s.  DA Form 5984-E (Operator’s Permit) and DA Form 348-E (Operator Qualification Record), dated 22 February 2002.

	t.  DA Form 4187 (Personnel Action), dated 25 January 2001, Request for SQI; DA Form 330 (Language Proficiency Questionnaire), dated 19 January 2001; and DA Form 2446 (Request for Orders), dated 25 January 2001.  

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was an Infantry sergeant (SGT)/E-5 who enlisted in the Regular Army on 17 February 1999 and was honorably discharged on 19 December 2002.  The DD Form 214 he was issued shows he completed 3 years, 10 months, and 3 days of net active military service.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Lapel Button, the National Defense Service Medal, the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar. 

4.  The applicant’s records show that he was awarded two awards of the Army Commendation Medal, three awards of the Army Achievement Medal, the Good Conduct Medal (1st Award), the NATO Medal, the Kosovo Campaign Medal, the Expert Infantryman Badge, and the Air Assault Badge, on miscellaneous dates and while serving with different units.

5.  The applicant's records show that, while assigned to C Company, 2nd Battalion, 502nd Infantry, Fort Campbell, Kentucky, he deployed to and served in Kosovo from 29 May 2001 to 20 November 2001 in support of Operation Joint Guardian.

6.  The applicant submitted a copy of his Record Fire Scorecard that shows he qualified Expert with his assigned weapon on 28 March 2002.

7.  The applicant’s records show that he successfully completed the Primary Leadership Development Course at the III Corps Noncommissioned Officer Academy, Fort Hood, Texas, during the period 22 May 2002 through 21 June 2002.

8.  The applicant’s records show that he successfully completed the Air Assault Course at the Sabalauski Air Assault School, Fort Campbell, Kentucky, during the period 4 August 1999 through 18 August 1999.

9.  The applicant’s records show that he successfully completed the Combat Life Saver Course, in Vitina, Kosovo, during the period 5 March 2001 through 9 March 2001.  

10.  The applicant’s records show that he successfully completed the JAVELIN Training Device Course during the period 8 July 2002 through 12 July 2002 and the JAVELIN Gunner’s Course during the period 12 August 2002 through 23 August 2002, at Fort Hood, Texas.  

11.  The applicant’s records show that he received AT/FP Level I training on 13 December 2001, at Fort Campbell, Kentucky.   Department of Defense (DOD) Instruction 2000.16 requires annual AT/FP awareness training for all Continental United States (CONUS) based DOD personnel eligible for official Outside Continental United States (OCONUS) travel on government orders, and all CONUS-based personnel if the CONUS terrorism threat level is promulgated above “moderate”.  This on-line training generally takes about one hour to complete.  At the end of the training session, the Soldier can print out a certificate to verify the process.  The unit security office maintains a copy of the certificate.  The training is valid for one year after the completion date.

12.  The applicant’s records show that, on miscellaneous dates, he completed U.S. Army Europe (USAREUR) Cold Weather training, as well as various military 

equipment training, to include the M1114 (Light Armor Vehicle) and the M998/M1038 [High Mobility Multipurpose Wheeled Vehicle (HMMWV)] and was issued a U.S. Army Motor Vehicle Operator’s Identification Card on 22 February 2002.

13.  The applicant’s records show that he completed the Defense Language Proficiency Test (DLPT) in the Spanish Language on 19 January 2001 and requested award of SQI “L” to his primary MOS on 25 January 2001.  However, his record does not show permanent orders awarding him SQI “L.”

14.  Army Regulation 600-8-22 (Military Awards) shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.

15.  Army Regulation 635-5 (Separation Documents) governs the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of Army Regulation 635-5 states in pertinent part, that: 

	a.  Item 12f shows the total amount of foreign service completed during the period.  This information is obtained from the Soldier's Enlisted or Officer Record Brief (ERB/ORB).

	b.  Item 13 lists decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214.  Each entry is verified by the Soldier's records.

	c.  Item 14 lists formal in-service training courses successfully completed during the period of service covered by the DD Form 214, from the ERB/ORB.  Generally, training of one or multiple week durations are listed.  This information is to assist the Soldier in job placement and counseling.  Therefore, it does not list training courses for combat skills.

	d.  Item 18 is used for mandatory requirements when a separate block in not available and as a continuation for specific entries.  For an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the following statement will be entered:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

16.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) prescribes the reporting, selection, assignment, and utilization of Active Army enlisted personnel, excluding initial entry training (IET) Soldiers.  It states in pertinent part, that the SQI is the fifth character of the MOS code and may be used with any MOS unless restricted by other regulations.  The fifth character of the MOS will contain the letter “O” when the Soldier is not qualified for an SQI. The servicing chief, Military Personnel Division (MPD) will award fully qualified Soldiers appropriate SQI by publishing orders.  The order of precedence for SQI is V (ranger–parachutist); G (ranger); S (special operations support personnel); P (parachutist); F (flying status); M (first sergeant); X (drill sergeant); Q (equal opportunity advisor); H (instructor); B (inspector general noncommissioned officer); 4 (non-career recruiter); and L (linguist).  SQI “L” will be awarded to Soldiers who are qualified exclusively in a language and not in another SQI. Any awarded SQI takes precedence over SQI “L”; however, the Soldiers’ language identification code will be recorded in the eighth and ninth character of the MOSC even when it has been replaced by another SQI in the MOS.

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

18.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

	a.  Initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM; or

	b.  All Soldiers having served 30 consecutive days or 60 nonconsecutive days 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. 

19.  Army Regulation 600-8-22 states, in pertinent part, that oak leaf clusters are awarded to denote the second and succeeding awards of certain decorations, among which are the Meritorious Service Medal, Army Commendation Medal, and the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders show that the applicant was awarded two awards of the Army Commendation Medal.  Therefore, he is entitled to correction of his records to show award of the Army Commendation Medal (1st Oak Leaf Cluster).

2.  Permanent Orders show that the applicant was awarded three awards of the Army Achievement Medal.  Therefore, he is entitled to correction of his records to show award of the Army Achievement Medal (2nd Oak Leaf Cluster).

3.  Permanent Orders show that the applicant was awarded the Good Conduct Medal (1st Award).  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence of record shows that the applicant was awarded the NATO Medal and the Kosovo Campaign Medal.  Therefore, he is entitled to correction of his records to show these awards.  

5.  Permanent Orders show that the applicant was awarded the Air Assault Badge, the Expert Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show these badges. 

6.  Evidence of record shows that the applicant successfully completed the Primary Leadership Development Course, a designated NCO professional development course.  Therefore, he is entitled to award of the Noncommissioned Officer Professional Development Ribbon and correction of his records to show this award.  

7.  Evidence of record shows that the applicant served a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his records to show this award.
8.  With respect to the applicant's Commandant’s Certificate, commanders routinely recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to Soldiers Certificates of Achievement, Appreciation, or Recognition, some of local design.  The citation on such certificates is not worded so that the act of service performed appears to warrant the award of a decoration.  These certificates, however, are not annotated on the DD Form 214. 

9.  The applicant successfully completed the Air Assault Course (2 weeks), the Primary Leadership Development Course (4 weeks), and the Combat Life Saver Course (1 week).  Therefore, he is entitled to correction of his records to show completion of these courses. 

10.  With respect to the applicant’s JAVELIN Training Device Course and the JAVELIN Gunner’s Course, these courses are considered training courses for combat skills and, therefore, are not authorized on the DD Form 214.  

11.  With respect to the applicant’s motor vehicle operator training and the Anti-Terrorism/Force Protection (AT/FP) Level I Training, this type of training is not considered formal in-service (full-time attendance) training.  Therefore, it is not normally entered on the DD Form 214.

12.  There is no evidence in the available records and the applicant has not provided evidence that shows he was issued permanent orders awarding him SQI “L.”

13.  Evidence of record shows that the applicant served in Kosovo in support of Operation Joint Guardian from 29 May 2001 to 20 November 2001.  Therefore, it would be appropriate to correct his DD Form 214 to show his overseas service in Item 12f (Overseas Service).  Additionally, it is also appropriate to correct Item 18 (Remarks) of his DD Form 214 to show the entry "SERVICE IN KOSOVO FROM 20010529 TO 20011120."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__cd____  __lmd___  __jcr___  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 by corrected by:

	a.  adding the following awards to Item 13 of the applicant's DD Form 214, dated 19 December 2002: the Army Commendation Medal (1st Oak Leaf Cluster); the Army Achievement Medal (2nd Oak Leaf Cluster); the Good Conduct Medal (1st Award); the NATO Medal, the Kosovo Campaign Medal, the Noncommissioned Officer Professional Development Ribbon, the Global War on Terrorism Service Medal, and the Expert Infantryman Badge; 

	b.  deleting the entry "Marksman Marksmanship Qualification Badge with Rifle Bar" and adding the entry "Expert Marksmanship Qualification Badge with Rifle Bar";

	c.  adding the following military courses to Item 14 (Military Education) of the applicant's DD Form 214, dated 19 December 2002: the Primary Leadership Development Course (4 weeks), the Air Assault Course (2 weeks), and the Combat Life Saver Course (1 week);

	d.  adding the entry "0000 05 22" to Item 12f of the applicant's DD Form 214, dated 19 December 2002 to show his overseas service in Kosovo; and

	e.  adding the entry "SERVICE IN KOSOVO FROM 20010529 TO 20011120" to Item 18 (Remarks) of the applicant's DD Form 214 to show his service in Kosovo from 29 May 2001 to 20 November 2001.

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 award of the III Corps NCO Academy Commandant’s Certificate; completion of the JAVELIN Gunner’s Course, the JAVELIN Training Device Course, the Anti-Terrorism/Force Protection (AT/FP) Level I Training, and the Motor Vehicle Operator training; and award of Skill Qualification Identifier (SQI) “L.” 



						Carmen Duncan
______________________
          CHAIRPERSON


INDEX

CASE ID
AR
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
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.