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ARMY | BCMR | CY2008 | 20080006407
Original file (20080006407.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        24 July 2008

		DOCKET NUMBER:  AR20080006407


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 numerous administrative corrections to his DD Form 214 (Certificate of Release or Discharge From Active Duty) dated 30 November 2007.  His specific requests are:

	a.  Block 11 (Primary Specialty) – make the following changes:

		(1) 31B3O MILITARY POLICE – 19 YRS 8 MOS changes to 
			31B3P MILITARY POLICE – 10 YRS 6 MOS;

		(2) Add 12B2P COMBAT ENGINEER – 3 YRS 10 MOS; and

		(3) Add 79R3O RECRUITER – 3 YRS 0 MOS.

	b.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – make the following changes:

		(1) ARMY COMMENDATION MEDAL (6TH AWARD) changes to
			ARMY COMMENDATION MEDAL (9TH AWARD);

		(2) ARMY ACHIEVEMENT MEDAL (3RD AWARD) changes to
			ARMY ACHIEVEMENT MEDAL (2ND AWARD);

		(3) SOUTH WEST ASIA SERVICE MEDAL (2ND AWARD) changes to
			SOUTH WEST ASIA SERVICE MEDAL (2 BRONZE STARS);

		(4) Add JOINT MERITORIOUS UNIT AWARD (SOMALIA), MERITORIOUS UNIT COMMENDATION (IRAQ), ARMY SUPERIOR UNIT AWARD (RECRUITING);

		(5) Add DRIVER AND MECHANIC BADGE W/ DRIVER – WHEELED VEHICLES CLASP, and GERMAN ARMED FORCES MARKSMANSHIP BADGE SCHUETZENSCHNUR - BRONZE.

	c.  Block 14 (Military Education) – make the following changes:

		(1) DEFENSE REUTILIZATION AND MARKETING SYSTEM COUSRE changes to
			DEFENSE REUTILIZATION AND MARKETING SYSTEM COURSE (NOTE:  Actually found in Block 18 – Remarks);

		(2) Add BASIC COMBAT ENGINEER COURSE 15 WEEKS, 1987 and BASIC MOTOR TRANSPORT OPERATOR COURSE 7 WEEKS, 2005.

	d.  Block 18 (Remarks) – make the following changes:

		(1) Add SERVICE IN SOUTHWEST ASIA FROM 19901226 – 19910505;

		(2) Add SERVICE IN SOMALIA FROM 19930415 – 19930803.

2.  The applicant states his DD Form 214 is incorrect because the Fort Hood (TX) Transition Center omitted much of the information.  He states he reported the errors to the Transition Center on 1 November 2007, but he was told by the Transition Center manager that his DD Form 214 "had been sent up and they could not get it back to fix it."  He states he was handed a DD Form 149 (Application for Correction of Military Record) and told to submit it in order to get his DD Form 214 corrected.  He also states he was "waiting on [his] MSM (Meritorious Service Medal), but [his] old unit...deployed."

3.  The applicant provides:

	a.  DD Form 214 (Certificate of Release or Discharge From Active Duty).

	b.  Noncommissioned Officer (NCO) Evaluation Reports;

	c.  Award certificates and orders;

	d.  Training certificates;

	e.  Memoranda

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel makes no specific request.

2.  Counsel makes no specific statement. 

3.  Counsel provides additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired staff sergeant (SSG/E-6) with creditable active federal service from 20 November 1987 through 30 November 2007.  At the time of his retirement, he was serving at Fort Hood, TX.  He processed through the Fort Hood Transition Center where his DD Form 214 was prepared.

2.  The applicant's DD Form 214 contains the following entries:

	a.  Block 11 – "88M3P 4A MOTOR TRANSPORT OP  -  2 YRS 8 MOS"; and "31B3O MILITARY POLICE  -  19 YRS 8 MOS."

	b.  Block 13 (and continued in Block 18) – "ARMY COMMENDATION MEDAL (6TH AWARD)//ARMY ACHIEVEMENT MEDAL (3RD AWARD)//JOINT MERITORIOUS UNIT AWARD//ARMY GOOD CONDUCT MEDAL (6TH AWARD)//NATIONAL DEFENSE SERVICE MEDAL (2ND AWARD)//ARMED FORCES EXPEDITIONARY MEDAL//SOUTH WEST ASIA SERVICE MEDAL (2ND AWARD)//GLOBAL WAR ON TERRORISM SERVICE MEDAL//IRAQ CAMPAIGN MEDAL//NON COMMISSIONED OFFICER PROFESSIONAL DEVELOPMENT RIBBON (2ND AWARD)//ARMY SERVICE RIBBON//OVERSEAS SERVICE RIBBON (3RD AWARD)//UN MEDAL//KU-LIB-MDL (SAUDI ARABIA)//KU-LIB-MDL (KUWAIT)//PARACHUTIST BADGE//DRIVER AND MECH BADGE WITH DRIVER - TRACKED VEHICLE(S) CLASP//DRIVER AND MECHANIC BADGE WITH – S (SPECIAL EQUIP) OPERATOR CLASP (2ND AWARD)."

	c.  Block 14 (and continued in Block 18) – "ARMY RECRUITER COURSE, 5 WEEKS, 1999//BASIC MILITARY POLICE COURSE, 9 WEEKS, 1992//BASIC NCO REFRESHER COURSE, 1 WEEK, 1996//BASIC NONCOMMISSIONED OFFICER COURSE, 9 WEEKS, 1995//COMBAT LIFESAVERS COURSE, 1 WEEK, 1988//DEFENSE HAZARDOUS MATERIALS/WASTE HANDLING COURSE, 1 WEEK, 1995//DEFENSE REUTILIZATION AND MARKETING 

SYSTEM COUSRE [sic], 1 WEEK, 1995//PRIMARY LEADERSHIP DEVELOPMENT COURSE, 4 WEEKS, 1990//PROTECTIVE SERVICES TRAINING COURSE, 2 WEEKS, 1993."

	d.  Block 18 (minus continued entries shown above) – "IMMEDIATE REENLISTMENTS THIS PERIOD -- 19871120-19900625, 19900626-19930119, 19930120-19960619, 19960620-19990120//SUBJECT TO ACTIVE DUTY RECALL BY THE SECRETARY OF THE ARMY//SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQ 20051210-20061202//MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//US FLAG ISSUED."

3.  The applicant's records contain the following award information:

	a.  The records contain the following Army Commendation Medal orders:

		(1) Orders #225-411, Headquarters (HQ), 1st Brigade, 4th Infantry Division, Taji, Iraq;

		(2) Permanent Orders (PO) #102-02, HQ, 6th Recruiting Brigade, Las Vegas, NV;

		(3) PO #295-1, HQ, 22nd Area Support Group, Vicenza, Italy;

		(4) PO #017-02, HQ, US Army Administration and Support Activity, Dunn Loring, VA;

		(5) PO #162-5, HQ, US Army Engineer Center and Fort Leonard Wood, Fort Leonard Wood, MO;

		(6) PO #171-12, US Total Army Personnel Command, Alexandria, VA;

		(7) PO # 55-002, HQ, US Army Garrison, Fort Sam Houston, TX; and

		(8) PO # 073-02, HQ, 42nd MP Brigade, Fort Lewis, WA.

	b.  The records contain the following Army Achievement Medal orders:

		(1) PO #13-12, HQ, 54th Engineer Battalion (Combat)(Mechanized), Bamberg, GE, dated 14 August 1991; and.

		(2) PO #21-4, HQ, 54th Engineer Battalion (Combat)(Mechanized), Bamberg, GE, dated 10 April 1992.
	c.  The records contain the following unit award documentation/orders:

		(1) A memorandum from the US Army Human Resources Command, Alexandria, VA announcing award of the Meritorious Unit Citation to the 1st Brigade, 4th Infantry Division and subordinate units during the period 5 December 2005 to 2 December 2006; and

		(2) A memorandum from HQ, United States Army Recruiting Command announcing approval of the Army Superior Unit Award for the period 1 October 1999 to 1 October 2000.  

	d.  The records contain the following authorization/orders for badges:

		(1) A 23 June 1989 memorandum from Headquarters, V Corps, Heidelberg, GE and a DA Form 4187 (Personnel Action) authorizing the applicant to accept, retain, and wear the German Armed Forces Marksmanship Badge (Schuetzenschnur) – Bronze in accordance with Army Regulation 672-5-1 (then in effect) and USAREUR Regulation 672-5-1.

		(2) Permanent Orders 31-2, Headquarters, 54th Engineer Battalion (Combat)(Mechanized), Bamberg, GE, dated 12 October 1989, awarding him the Driver and Mechanic Badge with Component Bar T (for tracked vehicles).

		(3) Permanent Orders 39-4, Headquarters, Military Police Command, Fort Leonard Wood, MO, dated 2 December 1993, awarding him the Driver and Mechanic Badge with Component Bar W (for wheeled vehicles).

4.  The applicant's records contain the following military education information:

	a.  He completed a 15-week Basic Combat Engineer Course at Fort Leonard Wood, MO in 1987; and

	b.  He completed a 6-week Motor Transport Operator Course at Fort Leonard Wood, MO in 2005

5.  The applicant's records show that he served:

	a.  In Southwest Asia from 19901226 – 19910505; and

	b.  In Somalia from 19930415 – 19930803.


6.  The applicant's records do not contain an Enlisted Record Brief (ERB).  This document assembles data from the Total Army Personnel Data Base (TAPDB) and is the source document for determining all MOSC held by a Soldier as well as the corresponding number of years and months served in each.  The applicant provides NCO Evaluation Reports in an attempt to show his various MOSC and the length of time he served in each MOSC.

	a.  The record clearly shows the applicant served 3 years, 0 months as a field recruiter.  His NCO Evaluation Reports confirm this service.

	b.  The record clearly shows the applicant served the final 2 years, 10 months of his active service as a motor transport operator.

	c.  The record shows the applicant served as a military police from September 1991 through January 2005, with a 3-year break for recruiting duty.  This service amounts to 10 years, 2 months.

	d.  The record is unclear as to how long the applicant served as a combat engineer.  

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part:

	a.  Arabic numerals 3/16 inch in height are issued instead of a medal or ribbon for second and succeeding awards of the Air Medal, Multinational Force and Observers Medal, Overseas Service Ribbon and the Army Reserve Components Overseas Training Ribbon.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.  The numeral worn on the NCO Professional Development Ribbon will denote the highest completed level of NCO development.

	b.  Service stars are worn on campaign and service medals to denote participation in a named campaign (for example, Southwest Asia Service Medal) and on the service ribbons to denote an additional award (for example the National Defense Service Medal).  The service star is a bronze or silver five-pointed star 3/16-inch in diameter. A silver star is worn instead of five bronze service stars.  Since the start of Operation Iraqi Freedom, there have been four named campaigns – Liberation of Iraq (19 March 2003 – 1 May 2003), Transition 

of Iraq (2 May 2003 – 28 June 2004), Iraqi Governance (29 June 2004 – 15 December 2005) and National Resolution (16 December 2005 – To Be Determined).

8.  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 establishes standardized policy for preparing and distributing the DD Form 214 and states, in pertinent part:

	a.  Block 11 (PRIMARY SPECIALTY) – For enlisted Soldiers, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month. Do not count basic training and AIT.  Also specify the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable.  Enter "O" when not applicable. 

	b.  Block 13 (DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) – List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

	c.  Block 14 (MILITARY EDUCATION) – List formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in DA Pam 351-4 to determine its usefulness to the Soldier after transitioning from the Army.

	d.  Block 18 (REMARKS) – Use this block for Headquarters, Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in Blocks 11, 13, and 14.  The following entries are required:

		(1) Mandatory entry for all Soldiers – DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL BENEFITS;

		(2) Mandatory entry for all Soldiers – SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE;

		(3) Situational entry – IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates);

		(4) Situational entry – SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA;

		(5) Situational entry – SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD);

		(6) Situational entry – SUBJECT TO ACTIVE DUTY RECALL BY THE SECRETARY OF THE ARMY;

		(7) Situational entry –BLOCK 6- PERIOD OF DEP (inclusive periods of delayed entry program time).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests corrections to Block 13 of his DD Form 214.  In the area of personal decorations, his DD form 214 shows 6 awards of the Army Commendation Medal, but he states it should show 9 awards; it shows 3 awards of the Army Achievement Medal, but he states it should show only 2 awards; it shows 2 awards of the Southwest Asia Service Medal, but he states it should show the Southwest Asia Service Medal with 2 bronze service stars.  A thorough review of the applicant's records and all documents submitted with his application shows:

	a.  He received 8 awards of the Army Commendation Medal, not 9 awards as he states.  His DD Form 214 should be corrected to reflect 8 Army Commendation Medals.

	b.  He received 2 awards of the Army Achievement Medal, not 3 awards as shown on his DD Form 214.  His DD Form 214 should be corrected to reflect 2 Army Achievement Medals.

	c.  He received 1 award of the Southwest Asia Service Medal and campaign participation credit for two campaigns.  His DD Form 214 should be corrected to reflect the Southwest Asia Service Medal with 2 bronze service stars.

	d.  He was awarded the Iraq Campaign Medal for his service in Iraq from 10 December 2005 through 2 December 2006.  He is entitled to wear 2 bronze service stars on Iraq Campaign Medal.

2.  In the area of unit awards, the applicant's DD Form 214 shows the Joint Meritorious Unit Award, but a thorough review of his records and all documents submitted with his application shows he also served in units that were awarded the Meritorious Unit Commendation and the Army Superior Unit Award.  His DD Form 214 should be corrected to reflect these additional unit awards.

3.  In the area of US and foreign badges, the applicant states his DD Form 214 shows he was awarded the Driver and Mechanic Badge with Component Bar S, but should also include the Driver and Mechanic Badge with Component Bar W and the German Armed Forces Marksmanship Badge – Bronze.  A thorough review of his records and all documents submitted with his application shows his entitlement to, not only the Driver and Mechanic Badge with Component Bar W and the German Armed Forces Marksmanship Badge – Bronze, but also the Driver and Mechanic Badge with Component Bar T.  His DD Form 214 should be corrected to reflect these additional unit awards.

4. The applicant requests corrections to Block 14 of his DD Form 214 to add two additional military educational training courses – the Basic Combat Engineer Course (15 weeks, 1987) and the Basic Motor Transport Operator Course (7 weeks, 2005).  Pertinent regulations provide that education information is listed in order to assist the Soldier in civilian job placement and counseling; therefore, training courses for combat skills are not listed on the DD Form 214.  Although the applicant completed the Basic Combat Engineer Course, that course provides Soldiers with combat skills and is not appropriate for listing on the DD Form 214.  A thorough review of his records and all documents submitted with his application shows he completed the Basic Motor Transport Operator Course (6 weeks, 2005).  This course should be added to his DD Form 214.

5.  Block 14 of the applicant's DD Form 214 shows he completed the Defense Reutilization and Marketing System Course in 1995; however the word "Course" is misspelled as "Cousre."  This misspelling should be corrected.

6.  The applicant requests the Block 18 of his DD Form 214 be corrected to show his service in Southwest Asia and Somalia.  Pertinent regulations provide that Block 18 is used for Headquarters, Department of the Army mandated statements when a separate block is not available, and as a continuation for entries in Blocks 11, 13, and 14.  Regulations require that, when an active duty Soldier deploys with his or her unit, the statement " SERVICE IN (NAME OF 

COUNTRY DEPLOYED) FROM YYYYMMDD – YYYYMMDD" will be entered.  The applicant's records show he served in Southwest Asia during Operation Desert Shield/Desert Storm and in Somalia during Operation Restore Hope.  His DD Form 214 should be corrected in Block 18 to show SERVICE IN SOUTHWEST ASIA FROM 19901226 – 19910505 and SERVICE IN SOMALIA FROM 19930415 – 19930803.

7.  Block 18 of the applicant's DD Form 214 omits the mandatory entry DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL BENEFITS.  This entry should be added to Block 18.

8.  The applicant requests that Block 11 of his DD Form 214 be corrected to show all of his MOSC and the correct length of service for each.  This information normally is found on a Soldier's ERB; however, the applicant's ERB is not available for review.  The records do show he entered active service on 20 November 1987 and underwent Basic Combat Training, Advanced Individual Training, and Basic Airborne Training.  With a training break for Christmas 1987, he most likely would have completed training in April 1988 – he received the Parachutist Badge in April 1987.  That would mean he commenced serving as a combat engineer in May 1988 and served for 3 years, 4 months before becoming a military police.  After a thorough review of all available records, including the applicant's NCO Evaluation Reports, the following may be deduced concerning his MOSC and service therein:

	a.  The applicant's initial MOS was 12B1P Combat Engineer for 3 years, 4 months;

	b.  The applicant next served as a 31B3O Military Police for 10 years, 2 months;

	c.  The applicant served in MOS 79R3O Recruiter NCO for 3 years, 0 months; and

	d.  The applicant's final MOS was 88M3P Motor Transport Operator for 2 years, 10 months.

9.  The DD Form 214 is one of the most important documents a Soldier receives when separating from active duty.  The DD Form 214 enables the Soldier to participate in various Department of Veterans Affairs, state and federal programs; it should not be prepared a slipshod manner as was the applicant's by the Fort 

Hood Transition Center.  The role of the Army Board for Correction of Military Records is not to perform quality control on the processing of DD Forms 214 by Army Transition Centers.

10.  In view of the foregoing findings and conclusions, and because of the numerous corrections required of the applicant's DD Form 214, it would be appropriate to issue to him a new DD Form 214 with the corrections indicated 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 as indicated below:

	a.  Block 11 (Primary Specialty) – show that the applicant served in the following MOSC:

		(1)  88M3P, Motor Transport Operator, for 2 years and 10 months;

		(2) 31B3O, Military Police, for 10 years and 2 months;

		(3) 79R3O, Recruiter NCO, for 3 years and 0 months; and

		(4) 12B1P, Combat Engineer, for 3 years and 4 months.

	b.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – show the following individual awards:

		(1) Army Commendation Medal (8th Award);


		(2) Army Achievement Medal (2nd Award);

		(3) Army Good Conduct Medal (6th Award);

		(4) National Defense Service Medal (2nd Award);

		(5) Armed Forces Expeditionary Medal;

		(6) Southwest Asia Service Medal with 2 bronze service stars;

		(7) Iraq Campaign Medal with 2 bronze service stars;

		(8) Global War on Terrorism Service Medal;

		(9) Noncommissioned Officer Professional Development Ribbon with numeral 2;

		(10) Army Service Ribbon;

		(11) Overseas Service Ribbon (3rd Award);

		(12) Kuwait Liberation Medal (Saudi Arabia); and

		(13) Kuwait Liberation Medal (Kuwait).

	c.  Block 13 – show the following unit awards:

		(1) Joint Meritorious Unit Award;

		(2) Meritorious Unit Commendation; and

		(3) Army Superior Unit Award.

	d.  Block 13 – show the following badges:

		(1) Parachutist Badge;

		(2) Driver and Mechanic Badge with Component Bars S, W, T; and

		(3) German Armed Forces Marksmanship Badge – Bronze.


	e.  Block 14 (Military Education) – in addition to the military training already shown:

		(1) Add the Basic Motor Transport Operator Course (6 weeks, 2005); and

		(2) Correct the entry [in continuation Block 18] " Defense Reutilization and Marketing System Cousre" to read Defense Reutilization and Marketing System Course.

	f.  Block 18 (Remarks) – add the following mandatory/situational remarks:

		(1) Data herein subject to computer matching within DOD or with other agencies for verification purposes and determining eligibility or compliance for federal benefits;

		(2) Service in Southwest Asia from 19901226 – 19910505; and

		(3) Service in Somalia from 19930415 – 19930803.

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 the Army Commendation Medal (9th Award), serving 10 years and 6 months as a Military Police, serving 3 years and 10 months as a Combat Engineer, adding the Basic Combat Engineer Course (15 weeks, 1987), and the Basic Motor Transport Operator Course (7 weeks, 2005).




															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)                                         AR20080006407



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ABCMR Record of Proceedings (cont)                                         AR20080006407



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