IN THE CASE OF:	  

		BOARD DATE:	        17 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080004862 


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, that her Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show her service in Kuwait and Iraq; all of her training; and all of her awards.

2.  The applicant states that her service in Kuwait and Iraq are not included on her DD Form 214.  She states that she also believes that some of the training that she went through and some of the awards that she received were not acknowledged.

3.  The applicant provides in support of her application, a copy of her DD Form 214; a copy of her certificate from the United States Army Chemical School, dated 13 June 2003; a copy of her certificate from the United States Army Chemical School, dated 28 May 2003; a copy of a certificate acknowledging her as an affiliate member of the United States Army Chemical Corps Regiment; a copy of her Army/ACE Registry Transcript System, Personal Web Transcript; a printout reflecting the status of her completion of the Army Correspondence Course Program; Combat Lifesaver Subcourse; a copy of her Certificate of Training showing that she successfully completed 40 hours of Combat Lifesaver Course Training, from 28 July 2003 through 1 August 2003; a copy of her Certificate of Training for successfully completion of the Combat Lifesaver Course Recertification, dated 27 September 2004; a copy of Permanent Orders 295-001, dated 21 October 2004; a printout of her Operator Qualification Record; a copy of a Certificate of Training for successful completion of the 1st Infantry Division’s 80 hour “OBRN Defense Course”; a copy of a Recommendation for Award of the Army Commendation Medal; and a copy of Permanent Orders Number 360-23, dated 25 December 2004.

CONSIDERATION OF EVIDENCE:

1.  On 23 January 2003, the applicant enlisted in the Regular Army in Sacramento, California, for 3 years, in the pay grade of E-2.  She successfully completed her training as a Chemical Operations Specialist. 

2.  The available information shows the applicant was in Germany prior to arriving in Iraq in support of Operation Iraqi Freedom on 11 February 2004.

3.  On 21 October 2004, Permanent Orders 295-001 were published awarding the applicant the Driver and Mechanic Badge for the period 8 October 2003 through 7 October 2004.

4.  On 25 December 2005, Permanent Order Number 360-023 was published awarding her the Army Commendation Medal for the period 11 February 2004 through 14 February 2005.

5. The applicant departed Iraq on 16 February 2005.

6.  A review of the available records does not show that the applicant ever served in Kuwait when she was in the Army.  The applicant does not submit any evidence that shows that she served in Kuwait while she was in the Army.

7.  The applicant was honorably discharged on 6 April 2006, due to a condition, not a disability.  Block number 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 that she was furnished at the time of her discharge shows she was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.  However, the Driver and Mechanics Badge and the Army Commendation were not included on her 
DD Form 214.

8.  Block number 14 (Military Education) on her DD Form 214 shows she completed 8 weeks of Chemical Operations Specialist training in June 2003 and 1 week of Headstart training in July 2003.

9.  Block number 12f (Foreign Service) shows that she had 2 years, 9 months and 5 days of Foreign Service.  However, block number 18 (Remarks) does not specify the location, time or dates of her Foreign Service. 

10.  The applicant submits in behalf of her application a certificate for successful completion of the Chemical Operations Specialist Class for the period 31 January 2003 through 13 June 2003; a certificate for successful completion of the Toxic Agent Training at the Chemical Defense Training Facility on 28 May 2003; a certificate recognizing her as an affiliate member of the United States Army Chemical Corps Regiment, dated 13 June 2003; a copy of her Personal Web Transcript that shows she completed Basic Training (Recruit Training); a printout reflecting the status of her completion of the Army Correspondence Course; Combat Lifesaver Subcourse; a copy of her Certificate of Training showing that she successfully completed 40 hours of Combat Lifesaver Course Training, from 28 July 2003 through 1 August 2003; a copy of her Certificate of Training showing that she successfully completed the Combat Lifesaver Course Recertification on 27 September 2004; a copy of Permanent Orders 295-001, awarding her the Driver and Mechanic Badge, dated 21 October 2004; a printout of her Operator Qualification Record, which reflect her equipment qualification; a copy of a Certificate of Training for successful completion of the 1st Infantry Division’s 80 hour “OBRN Defense Course”; a copy of a Recommendation for Award of the Army Commendation Medal, dated 15 September 2004; and a copy of Permanent Orders Number 360-023, dated 25 December 2004, awarding her the Army Commendation Medal.

11.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

12.  Army Regulation 635-5 provides, in pertinent part, that only decorations, medals, badges, citations and campaigns ribbons will be entered on the DD Form 214.  Certificates of Appreciation or Achievement are not authorized for entry.  It further provides 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 listed and that those courses non-combat arms related that are 40 hours (1 week) or more in duration will be listed under military education.

13.  Army Regulation 635-5 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.  In pertinent part, it states that for an active duty Soldier deployed to a foreign country, the statement, “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYMMDD – YYYMMDD)” will be entered in block number 18.
14.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Chemical Operations Specialist Courses were part of her basic training in support of her military occupational specialty and this information has been properly annotated on her DD Form 214.  

2.  Her Combat Lifesaver Courses were combat related courses and, in accordance with the applicable regulation, they were appropriately omitted from her DD Form 214.

3.  As previously stated, only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the 
DD Form 214 will be listed.  There are no provisions for including equipment qualifications on a DD Form 214 and the “OBRN Defense Course” is not a recognized course.  As such, they were not included on her DD Form 214.

4.  There is no evidence in the available record, nor has the applicant submitted any evidence that shows she had service in Kuwait.  As such, she is not entitled to a correction of her DD Form 214 to include this information.

5.  However, the applicant is entitled to have the Army Commendation Medal and the Driver and Mechanic Badge included on her DD Form 214 based on the permanent orders that announced this awards.

6.  The applicant is also entitled to the award of the Iraq Campaign Medal and it should also be included on her DD Form 214.

7.  Block 12f on her DD Form 214 shows that she had 2 years, 9 months and 5 days for Foreign Service.  It is reasonable to presume that her service in Iraq is included in that time.  However, she is entitled to have block 18 on her DD Form 214 corrected to show that she had service in Iraq from 11 February 2004 through 16 February 2005. 

8.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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:

   a.  amending her DD Form 214 to show that she was awarded the Army Commendation Medal, the Driver and Mechanic Badge, and the Iraq Campaign Medal; and

   b. showing that she had service in Iraq from 11 February 2004 through 16 February 2005. 


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:

   a.   amending her DD Form 214 to include her Equipment Qualification Record, completion of the “OBRN Defense Course,” and her combat and chemical related courses and training; and

	b.  showing that she completed service in Kuwait.



      ___        XXX                ___
                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)                                         AR20080004862



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ABCMR Record of Proceedings (cont)                                         AR20080004862



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