IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080003675 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Global War on Terrorism Expeditionary Medal (GWOTEM); amendment of Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), Item 14 (Military Education), and Item 18 (Remarks) of her 9 February 2006 separation document (DD Form 214).

2.  The applicant states, in effect, that during her military service she was married and changed her last name to that of her spouse.  However, she has now reverted back to using her maiden name and asks that both her former last name by marriage and her maiden name be annotated on her DD Form 214.  She states that based on her service in Kuwait in support of Operation Iraqi Freedom (OIF) she is entitled to award of the Global War on Terrorism Expeditionary Medal (GWOTEM), and requests the GWOTEM, Army Achievement Medal (AAM), Certificates of Appreciation from the 301st Area Support Group, and the United States Army Task Europe Task Force Normandy be added to Item 13 of her 
DD Form 214.  She also requests that Item 14 be amended to show her completion of the Hazardous Material Driver Training Construction Equipment Operators, Common Engineer Training, and her ADR Training Courses.  She further states that neither her TDY service in Normandy, France or her service in Iraq in support of OIF are annotated in Item 18 of her DD Form 214, and now requests that this service be added to her DD Form 214.  

3.  The applicant provides the following documents in support of her application:  Self-Authored Statement; DD Form 214; Recommendations for Award (DA Form 638); AAM Certificate; ARCOM Certificate; Certificate of Graduation Hazardous Material Driver Training Course; ADR Certificate; Certificate of Training Construction Equipment Operators Course; Certificate of Training Normandy 60; Certificate of Appreciation 301st Area Support Group; Certificate of Training Common Engineer Training; Headquarters, V Corps, Orders Number 223-001, dated 11 August 2004 with Roster.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that she enlisted in the Regular Army and entered active duty on 3 June 2003.  She was trained in, awarded, and served in military occupational specialty (MOS) 21E (Heavy Construction Equipment Operator), and the highest rank she attained while serving on active duty was specialist (SPC).  

2.  The applicant's Military Personnel Record Jacket (MPRJ) contains Headquarters, V Corps, Orders 223-001, dated 11 August 2004, which directed the deployment of the applicant’s unit to Kuwait, in support of Operation Iraqi Freedom, on or about 29 August 2004.  A roster of individuals deployed with the unit, which included the applicant, was attached to these orders. 

3.  The applicant's MPRJ contains a Recommendation for Award (DA Form 683) dated 9 June 2004 and certificate, issued by 313th Support Center.  These documents show the applicant was awarded the ARCOM in Headquarters, 313th Operation Center Permanent Orders Number 180-02, dated 28 June 2004, for her exceptionally meritorious service while assigned to escort team 24 during Task Force Normandy Operations during the period 31 May to 8 June 2004.  

4.  The applicant's MPRJ also contains a DA Form 638 dated 25 May 2005, which shows the applicant was initially recommended for award of the ARCOM with First Oak Leaf Cluster, however this award was down graded to an AAM.  This document also shows that Headquarters, 507th Engineer Battalion, LSA, Anaconda, Iraq, Permanent Orders Number 169-02, dated 18 June 2005, awarded the applicant the AAM for her meritorious achievement as a general construction equipment operator in support of OIF during the period 
13 September 2004 through 12 September 2005.

5.  The available evidence contains no indication that the applicant committed any infractions that would have disqualified her from receiving the Army Good Conduct Medal (AGCM), or that she was ever disqualified for the award by any of her active duty unit commanders

6.  On 9 February 2006, the applicant was honorably released from active duty under the provisions of Chapter 8, Army Regulation 635-200, by reason of pregnancy.  The separation document issued to her at this time shows she completed a total 12 years, 8 months, and 7 days of active military service, and that she held the rank of specialist (SPC).  It also shows in Item 12f (Foreign Service) that she completed a total of 2 years, 2 months and 15 days of overseas service.  

7.  Item 13 of the DD Form 214 shows that she earned the following awards during her active duty tenure:  Army Commendation Medal (ARCOM); and Global War on Terrorism Service Medal (GWOTSM).  Item 14 (Military Education) contains the entry "None" and Item 18 (Remarks) contains the entry, "other names of record" and shows the last name she now holds.   

8.  The applicant provides a Certificate of Appreciation she received in recognition of her dedicated support of D-Day commemorative events on 5-6 June 2004.  She also provides a Certificate of Appreciation she received for her exceptional meritorious service while providing environmental support to Airmen, Marines, Sailors, Soldier and Department of Defense (DoD) Civilians on LSA Anaconda from 1 March through 1 April 2005.

9.  The applicant further provides Certificates of Training which show she successfully completed the 40 hour Common Engineer Training Course in August 2003; 2 week Construction Equipment Operators Course, October 2003; and the 40 hour Hazardous Material Driver Training Course, July 2004.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and administrative instructions concerning individual military awards.  Paragraph 2-18 contains guidance on the GWOTEM.  It states that this award is authorized to members who deployed abroad for service in the Global War on Terrorism (GWOT) Operations on or after 11 September, 2001 to a date to be determined.  Service in support of OIF in Iraq is included in the list of authorized Areas of Eligibility (AOE).

11.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

12.  Chapter 10 of the Military Awards regulation outlines the policies and procedures governing eligibility criteria and issuance of various certificates and letters.  Paragraph 10-7 allows commanders to recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual United States military personnel a DA Form 2442 (Certificate of Achievement) or Certificates of local design. 

13.  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.  
Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 13 state to enter all awards earned.  There are no provisions for including Certificates of Achievement or local certificates on the DD Form 214.

14.  The instructions contained in the Separation Documents Regulations for Item 14 state that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered.  The course entries will include title, length in weeks, and year completed.  It further stipulates that this information is to assist the Soldier in job placement and counseling; therefore, combat skills courses will not be entered.  Item 18 (Remarks) states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

15.  Department of Army (DA) Pamphlet 351-4 (Army Formal Schools Catalog) is the official source of information on formal courses of instruction offered at active U.S. Army Schools and Training Centers.  It also describes inter-service and other Department of Defense (DOD) courses for Army personnel.  It states in pertinent part that only those formal courses listed in the DA Pam 351-4 will be recorded in Item 14 (Military Education) of the DD Form 214.  

16.  Army Regulation  600-8-104 (Military Personnel Information Management Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  Table 5-9 contains the rules for Foreign Service entries.  It states, in pertinent part, that if a Soldier arrives in an overseas area in a temporary duty (TDY) status and is projected to remain at least 45 days, an entry will be made in the record.  There are no provisions for entering a TDY period of overseas service of less than 45 days in the record.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to award of the AAM and the GWOTEM was carefully considered and found to have merit.  

2.  The evidence of record shows the applicant served in Iraq in support of OIF during the period 13 September 2004 through 12 September 2005, which entitles her to award of the GWOTEM.  Therefore, it would be appropriate to add this award to her records and DD Form 214 at this time.  

3.  The evidence of record contains a DA Form 638 and Certificate which confirms the applicant was awarded the AAM, for her meritorious achievement while serving in Iraq in support of OIF during the period 13 September 2004 through 12 September 2005.  Therefore, it would be appropriate to add this award to Item 13 of her DD Form 214 at this time.

4.  By regulation formal in-service training courses successfully completed during the period of service covered by the DD Form 214 will be entered in Item 14 (Military Education).  The evidence of record confirms the applicant attended and successfully completed the 40 hour Common Engineer Training Course, 2003; 
2 weeks Construction Equipment Operators Course, 2003; and the 40 hours Hazardous Material Driver Training Course, 2004.  Therefore it would be appropriate to add these school courses to Item 14 of her separation document at this time.

5.  The applicant's record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom she served.  As a result, it would be appropriate to award her the AGCM for her qualifying period of honorable active duty service from 3 June 2003 through 9 February 2006.

6.  By regulation, overseas service in a TDY status is only entered on the record if the period of TDY is 45 days or more.  The available evidence confirming the applicant's service in Normandy, France is a DA Form 638, which awarded her the ARCOM for her exceptionally meritorious service during Task Force Normandy during the period 31 May to 8 June 2004, a period less than 45 days.  Therefore, there is insufficient evidence to add this entry to Item 18 (Remarks) of the applicant's DD Form 214 at this time.  

7.  By regulation the only authorized entries in the awards block of the DD Form 214 are medals, badges, citations, and campaign ribbons.  While the regulation does allow commanders to recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations, it does not authorized inclusion of these certificates on the DD Form 214.  Therefore, the requested relief regarding adding the certificates of appreciation to her separation document is not warranted.  

8.  By regulation, all overseas deployments of active duty Soldiers should be documented in Item 18 (Remarks) of the DD Form 214.  The evidence of record shows that she served in Kuwait in support of Operation Iraqi Freedom during the period 13 September 2004 through 12 September 2005.  Therefore, the following entry should be added to Item 18 of her DD Form 214: "SERVICE IN KUWAIT FROM 20040913-20050912.”

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 her 9 February 2006 DD Form 214 as follows:

	a.  awarding her the Army Good Conduct Medal for her qualifying service from 3 June 2003 through 9 February 2006;

	b.  awarding her the Global War on Terrorism Expeditionary Medal for her service in Iraq in support of Operation Iraqi Freedom; 

      c.  Item 14 add the entry “Common Engineer Training Course, 
40 hours, 2003; Construction Equipment Operators Course, 2 Weeks, 2003; Hazardous Material Driver Training Course, 40 hours, 2004;

	d.  Item 18 – by adding the entry "SERVICE IN KUWAIT FROM 20040913-20050912”; and  

	e.  providing her a correction to her 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 Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), by adding Letters of Appreciation and to Item 18 (Remarks), entry based on TDY service in Normandy, France.



      _________x______________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003675



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ABCMR Record of Proceedings (cont)                                         AR20080003675



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