IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080005594


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 correction of his discharge document to include award of the U.S. Department of State Award for Heroism, U.S. Department of State Meritorious Honor Award, Kosovo Campaign Medal with bronze service star, Army Overseas Service Ribbon, Sharpshooter Badge (Rifle), Expert Badge (Pistol), and Army Lapel Button.  He also requests issuance of DD Form 256 (Discharge Certificate, Honorable).

2.  The applicant states, in effect, that his records were not properly documented; that he experienced many problems regarding his record, especially regarding non-military awards; that he attempted to have the personnel responsible for issuing his DD Form 214 (Certificate of Release or Discharge from Active Duty) review his military service records; that the Fort Dix Army Reserve Components Demobilization Station staff personnel did not understand that he was held beyond his obligation and that he did not intend to reenlist; and that his Army Reserve status was confused with Army National Guard service.

3.  The applicant provides a self-authored statement with 16 attachments in support of his application.  Attachments include copies of:  Headquarters, U.S. Army Fort Dix, Permanent Order 128-001; 88th Regional Readiness Command Orders 04-106-00106; DD Form 214; letter from the U.S. Ambassador to Ireland; Department of State Meritorious Honor Award certificate; Department of State Award for Heroism certificate; Department of State Awards Program letter; Army Human Resources Command message, subject:  Data Codes for the Kosovo Campaign Medal; Army Regulation 614-30 (Overseas Service) Table 3-2 excerpt (page 13); Army Human Resources Command Military Awards Branch web site excerpt; Army Regulation 600-8-22 (Military Awards) excerpt (pages 63 and 64); change 211 to Appendix Q of the Joint Federal Travel Regulation excerpt (page Q-2); Army Human Resources Command message, subject:  Army Awards Policy Clarification and Changes; electronic mail correspondence between the applicant and Army Human Resources Command staff personnel (7 pages); DA Form 5790-R (Record Firing Scorecard); DA Form 5704-R (Alternate Pistol Qualification Course); and two PS Forms 3811 (Domestic Return Receipt).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records shows that, after a prior enlistment in the U.S. Marine Corps and a break in service, he enlisted in the U.S. Army Reserve for a period of 3 years on 25 June 2001 in the rank of sergeant/pay grade E-5.  He completed basic training during his previous term of military service and was awarded the military occupational specialty 95B (Military Police). The highest rank the applicant achieved was sergeant/pay grade E-5.

2.  The applicant's DD Form 214, issued on 27 January 2001, shows that he was honorably released from active duty and transferred to the Marine Corps Reserve Support Command on 27 January 2001.  This DD Form 214 shows that the applicant served a total of 6 years and 3 months of creditable active military service during this period.  The DD Form 214 also shows that the applicant had a remaining reserve service obligation through 21 March 2002.

3.  The applicant's military service record shows that he was called to active duty in support of Operation Joint Forge during the period 10 October 2002 to 16 June 2003 for a total of 250 days.

4.  The applicant's military service records show that he was called to active duty in support of Operation Enduring Freedom during the period 23 April 2004 to 5 April 2005 for a total of 348 days.  Headquarters, U.S. Army Fort Dix, Permanent Orders 128-001 show that the applicant was deployed to Guantanamo Bay, Cuba, in a temporary change of station status effective 24 May 2004.

5.  The applicant's military service record shows that he was medically retained on active duty at the Fort Dix medical hold unit for completion of medical care and treatment during the period 6 April 2005 through 3 July 2005 for a total of 89 days.

6.  The applicant's DD Form 214, issued on 3 July 2005, shows that he was honorably released from active duty and transferred to the U.S. Army Reserve on 3 July 2005.  This DD Form 214 shows that the applicant served a total of 1 year, 2 months and 11 days of creditable active military service during this period.  The DD Form 214 also shows that the applicant did not have a remaining reserve service obligation.

7.  There is no evidence in the applicant's military service record that he reenlisted beyond his initial 3-year Army Reserve service obligation.

8.  The applicant was honorably discharged on 4 October 2005 as evidenced by Headquarters, 88th Regional Readiness Command, Orders 05-277-00066, dated 4 October 2005.  These orders state that the applicant was held beyond his normal discharge date through no fault of the applicant.

9.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 and subsequent DD Form 215 (Correction to DD Form 214) show that he was awarded the Army Commendation Medal, Army Achievement Medal (3d award), Navy Achievement Medal (2d award), Army Good Conduct Medal, Marine Corps Good Conduct Medal (2d award), National Defense Service Medal (2d award), Kosovo Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with M device (2d award), Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Navy/Marine Corps Overseas Service Ribbon (3d award), Marine Security Guard Ribbon, North Atlantic Treaty Organization Medal (Kosovo), Gold German Army Marksmanship Badge, and Navy Meritorious Unit Commendation.

10.  The applicant provides copies of certificates for the U.S. Department of State Award for Heroism, dated November 1997, and the U.S. Department of State Meritorious Honor Award, dated November 1998.  He states in his self-authored letter that Army Regulation 600-8-22 cites data codes for both the U.S. Department of State Award for Heroism and U.S. Department of State Meritorious Honor Award.

11.  DA Form 5704-R (Alternate Pistol Qualification Course), dated 24 November 2004, shows that the applicant received an expert qualification score for pistol marksmanship.

12.  DA Form 5790-R (Record Firing Scorecard Scaled Target Alternate Course), dated 27 November 2004, shows that the applicant received a sharpshooter qualification score for M16A1 rifle marksmanship.

13.  The applicant provides copies of electronic mail correspondence, dated 24 January 2006, in which a member of the Department of the Army Headquarters G-1 staff states that the Department of Defense prescribed tour length for Guantanamo Bay, Cuba, is 30 months accompanied and 18 months all others (unaccompanied) with regard to eligibility for overseas tour completion.

14.  The proponent of the Military Awards Branch Data Code Quick Reference Guide posted on the Human Resources Command web site stated that non-military awards and decorations are not listed on the DD Form 214 when a Soldier separates from the Army and that the purpose of the reference guide is for updating a Soldier’s record brief while still actively serving in the Army.

15.  Army Regulation 600-8-22 provides that one bronze service star will be worn on the suspension and service ribbon of the Kosovo Campaign Medal for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 30 consecutive or 60 nonconsecutive days that begin during the Air Campaign and continues into the Defense Campaign entitles a member to only one bronze service star.

16.  Army Regulation 600-8-22 provides that all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for award of the Army Overseas Service Ribbon for successful completion of overseas tours.  Soldiers must be credited with a normal overseas tour completion according to Army Regulation 614–30 (Overseas Service).  Service members who have overseas service with another branch of service (U.S. Navy, U.S. Air Force, or U.S. Marine Corps) must be credited with a normal overseas tour completion by that service to qualify for award of the Army Overseas Service Ribbon.

17.  Army Regulation 614–30 provides policy and guidance on eligibility and selection criteria for overseas service.  Table 3-3, rule 7, in effect at the time, states that a Soldier must serve a minimum of 9 continuous months in a temporary change of station/temporary duty status in areas outside the continental U.S. where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established, to receive overseas tour credit.

18.  Army Regulation 600-8-22 prescribes that Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation, and those receiving an Honorable Discharge Certificate) are eligible for award of the Army Lapel Button.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military service records show that he was awarded the Kosovo Campaign Medal.  Army Regulation 600-8-22 prescribes that one bronze service star will be worn on the suspension and service ribbon for participation in each campaign.  Therefore, the applicant is entitled to award of one bronze service star to be affixed to his previously awarded Kosovo Campaign Medal and correction of his records to reflect this award.

2.  The applicant’s military service records show that he meets the eligibility criteria for award of the Army Overseas Service Ribbon.  Therefore, the applicant is entitled to award of the Army Overseas Service Ribbon and correction of his records to reflect this award.

3.  DA Form 5704-R shows that the applicant received an expert qualification score for pistol marksmanship.  Therefore, he is entitled to award of the Expert Marksmanship Qualification Badge with Pistol Bar and correction of his records to reflect this award.

4.  DA Form 5790-R shows that the applicant received a sharpshooter qualification score for M16A1 rifle marksmanship.  Therefore, he is entitled to award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and correction of his records to reflect this award.

5.  The applicant’s military service records show that he was honorably discharged from the U.S. Army Reserve on 4 October 2005.  Therefore, the applicant is entitled to award of the Army Lapel Button and correction of his records to reflect this award.

6.  The Human Resources Command Military Awards Branch Data Code Quick Reference Guide cites data codes for both of the applicant’s U.S. Department of State awards; however, there is no provision or authority for recording non-military awards on discharge documents.

7.  The applicant was honorably discharged on 4 October 2005.  Therefore, he is entitled to issuance of DD Form 256A (Honorable Discharge Certificate).







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 for the individual concerned be corrected by:

	a.  award of the Kosovo Campaign Medal with bronze service star, Army Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button;

	b.  amending his DD Form 214 to add the Kosovo Campaign Medal with bronze service star, Army Overseas Service Ribbon, Sharpshooter Badge (Rifle), Expert Badge (Pistol), and Army Lapel Button; and

	c.  issuance of DD Form 256A.

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 amendment of the applicant’s discharge document to show the U.S. Department of State Award for Heroism and the U.S. Department of State Meritorious Honor Award.



	________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)                                         AR20080005594



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ABCMR Record of Proceedings (cont)                                         AR20080005594



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