IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080006667
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show his Driver and Mechanic Badge with Driver-T and Driver-W Bars, and to correct his foreign service time.
2. The applicant states that his Driver and Mechanic Badges were omitted from his DD Form 214, and his foreign service time is wrong.
3. The applicant provides copies of his DD Form 214, award orders, and an extract of his Enlisted Distribution Assignment System (EDAS) record showing his deployment periods.
CONSIDERATION OF EVIDENCE:
1. On 17 August 2001, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 74D (Chemical Operations Specialist).
2. Permanent Orders 253-044, 1st Battalion, 21st Field Artillery, 1st Cavalry Division, dated 9 September 2004, awarded the applicant the Driver and Mechanic Badge with Driver-T Bar for the period from 1 September 2003 to
1 September 2004.
3. Permanent Orders 253-128, 1st Battalion, 21st Field Artillery, 1st Cavalry Division, dated 9 September 2004, awarded the applicant the Driver and Mechanic Badge with Driver-W Bar for the period from 1 September 2003 to
1 September 2004.
4. The applicant provided a copy of his EDAS record, dated 17 June 2005, which shows he was deployed overseas from 12 February to 5 June 2003
(3 months and 24 days) and again from 7 March 2004 to 1 June 2005 (1 year,
2 months, and 25 days) totaling 1 year, 6 months, and 19 days of foreign service.
5. On 16 July 2005, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed 3 years and 11 months of active duty service. The applicant was extended on active duty at the request of and for the convenience of the United States government.
6. Item 12f (Foreign Service) of the applicants DD Form 214 shows that he served overseas for a period of 1 year.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists his awards as the National Defense Service Medal, Army Commendation Medal, Army Good Conduct Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Army Service Ribbon, and the Army Lapel Button. It does not show award of the Driver and Mechanic Badge with Driver-T or Driver-W Bars.
8. Item 18 (Remarks) of the applicants DD Form 214 shows that he served in Iraq during the period from 7 March 2004 to 6 March 2005.
9. Item 5 (Overseas Service) of the applicants Personnel Qualification Record, Part II (DA Form 2-1), prepared on 11 July 2006, shows that the applicant served in Iraq from 7 March 2004 to 6 March 2005, a period of 12 months. It does not indicate any foreign service during the period from 12 February to 5 June 2003; or from 7 March to 1 June 2005.
10. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for an entry in block 12f (Foreign Service) of the total amount of foreign service completed during the current period of active duty. It
further provides that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant served overseas for a period of 1 year in Iraq. The EDAS record provided by the applicant is insufficient by itself to overcome the evidence of record. If the applicant has, or is able to obtain, additional evidence to corroborate the EDAS record, he may submit another application for consideration.
2. Permanent orders awarded the applicant the Driver and Mechanic Badge with Driver-T and Driver-W Bars. Therefore, his records should be corrected to show this award.
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 showing in Item 13 of his DD Form 214 that, in addition to the awards already shown, his awards include the Driver and Mechanic Badge with Driver-T and Driver-W Bars.
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 correction of his foreign service.
__________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) AR20070015723
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080006667
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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