IN THE CASE OF:	

		BOARD DATE:	  2 December 2008

		DOCKET NUMBER:  AR20080007684 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 January 2004:

	a.  Item 11 (Primary Specialty) - change military occupational specialty (MOS) to 13R (Field Artillery Firefinder Radar Operator);

	b.  Item 12f (Foreign Service) - add time spent in Iraq;

	c.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) - change Army Commendation Medal (2nd award) to Army Commendation Medal (3rd award);

	d.  Item 14 (Military Education) - add Basic Noncommissioned Officer Course (BNCOC); and

	e.  Item 18 (Remarks) - include entry showing period of time spent in Iraq.

2.  The applicant states he is applying with several companies that require a 
DD Form 214 as part of the application.  He states these errors could hinder his abilities to obtain future employment and that he may not qualify for veteran's benefits in most cases.



3.  The applicant provides, in support of his application, copies of his diploma from BNCOC, his academic evaluation report from BNCOC, group orders for Operation Enduring Freedom, and three Army Commendation Medal certificates.  The applicant states on his application that he was submitting a copy of the orders awarding him the MOS 13R.  However, upon review of his application a copy of these orders was not attached.   

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel record shows he initially enlisted in the Regular Army on 19 January 1995 for a period of 4 years.  He successfully completed basic combat and advanced individual training and was awarded the MOS of 13B (Cannon Crewmember).  The applicant's record as shown in the integrated Personnel Electronic Records Management System (iPERMS) does not contain any entries or orders changing the applicant's MOS. 

3.  Two Service School Academic Evaluation Reports (DA Form 1059) show the applicant satisfactorily completed BNCOC Phase I on 7 March 2002 and BNCOC Phase II on 29 March 2002.

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) records completion of 12 months in Korea and 4 months in Kuwait.  This record does not show a deployment to Iraq.

5. The applicant's DA Form 2-1 shows the applicant was assigned to Headquarters and Headquarters Company, 3rd Brigade at Fort Riley, Kansas.  The applicant's record as shown in iPERMS does not contain a record of assignments or the dates assigned thereto after 21 October 1998.



6.  Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Texas Orders 087-03, dated 27 March 2003, (as modified) ordered the Division Artillery to deploy to the Central Command Area of Responsibility in support of OPERATION ENDURING FREEDOM effective on or about 5 April 2003.

7.  The applicant's NCO (noncommissioned officer) Evaluation Report (NCOER) for the period from September 2002 to August 2003 shows he was assigned to 
C Battery, 2nd Battalion, 20th Field Artillery, 4th Infantry Division (Mechanized) and contains the following statements:

	a.  "commended by the Commanding General as NCOIC of an Iraqi Fuel Distribution Center in support of Operation Iraqi Freedom";

	b.  "led his section to the capture of numerous illegal cache of weapons while deployed in support of Operation Iraqi Freedom";

	c.  "trained section to perform duties of Quick Reactionary Force in support of the defense of Taji, Iraq and Task Force Iron Gunner"; and

	d.  "safely prepared and deployment (sic) his section in support of Operation Iraqi Freedom."

8.  The applicant was discharged on 29 January 2004 by reason of his completion of his required active service.  He had completed 9 years and 
11 days of active service that was characterized as honorable.  His DD Form 214 covers the period of active service from 19 January 1995 to 29 January 2004 and contains the following entries:

	a.  Item 11 - "13B3O Cannon Crewmember - 8 yrs-9 mos" (8 years and 
9 months);

	b.  Item 12f - 0001 04 04 (1 year, 4 months, and 4 days);

	c.  Item 13 - shows the Army Commendation Medal (2nd award);

	d.  Item 14 - does not include an entry for BNCOC; and

	e.  Item 18  - does not include an entry showing a period of time served in Iraq.



9.  An electronic mail (e-mail) from the Defense Finance and Accounting Service (DFAS), dated 8 September 2008, indicates the applicant received imminent danger pay (IDP) during the period from 30 March 2003 to 31 October 2003 for Kuwait.

10.  The applicant submitted three Army Commendation Medal Certificates that contained the following information:

	a.  certificate for the period 13 May 1995 to 13 August 1997 reflected 
10th Mountain Division, Fort Drum, New York Order Number 209-006;

	b.  certificate for the period 11 October 1999 through 20 November 2001 reflected 3rd Brigade, 1st Armored Division, Fort Riley, Kansas Permanent Order 353-006, dated 19 December 2001; and

	c.  certificate for the period 6 December 2001 to 30 August 2003 reflected Headquarters, 4th Infantry Division Artillery, Fort Hood, Texas Permanent Order 271-04, dated 28 September 2003.  

11.  On 28 October 2008, the staff of the Board contacted the applicant by telephone and e-mail concerning the missing orders awarding him the MOS 13R.  The applicant had indicated he would e-mail a copy of these orders.  A follow up e-mail was sent on 31 October 2008.  However, no further response has been received from the applicant.

12.  The applicant's records show that he is entitled to an additional award, which he did not request and is not listed on his DD Form 214.

13.  Department of Defense Financial Management Regulation 7000.14R, Volume 7A, Section 100102 provides that IDP is payable in the full amount without being prorated or reduced, for each month, during any part of which, a member qualifies.  Active and Reserve Component members who qualify, at any time during a month, will receive the full amount of IDP regardless of the actual period of time served on active or inactive duty during that month.

14.  Army Regulation 635-5 (Separation Documents) provides for the entry of the titles of all MOSs served in for at least 1 year in item 11 of the DD Form 214 and include for each MOS the number of years and months served.  For time determination 16 days or more count as a month.  Time spent in basic training and advanced individual training are not counted.  



15.  Army Regulation 635-5 directs that foreign service, taken from the ERB/ORB (enlisted record brief/officer record brief) performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in Item 12f.  

16.  Army Regulation 635-5 provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

17.  Army Regulation 635-5 provides that decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 13 of the DD Form 214.

18.  Army Regulation 635-5 provides that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in Item 14 of the DD Form 214.  
19.  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. A bronze service star is authorized for each of four campaigns established for the Iraq Campaign Medal.  The Transition of Iraq Campaign ran from 2 May 2003 to 28 June 2004.
20.  Army Regulation 600-8-22 provides, in pertinent part, Award of the Global War on Terrorism Service Medal is authorized to soldiers who have participated in, or served in support of, Global War on Terrorism operations outside of the designated area of operations. Initial award of the Global War on Terrorism Service Medal will be limited to airport security operations (from 27 September 2001 through 31 May 2002) and soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom.  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated 
on or after 11 September 2001 to a date to be determined having served 
30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the MOS on his DD Form 214 should be changed to 13R.  

2.  There is no evidence in the applicant's records in iPERMS of his being awarded the MOS 13R.  The orders the applicant stated on his application that he was providing were not attached to his application.  Attempts by the staff of the Board to obtain a copy of these orders from the applicant were unsuccessful.  Therefore, there is insufficient evidence to add the MOS 13R to the applicant's DD Form 214. 

3.  The applicant contends his foreign service in Item 12f of his DD Form 214 does not include his service in Iraq and there is not an entry Item 18 showing his dates of service in Iraq.

4.  The service currently entered in Item 12f of the applicant's DD Form 214 reflects his two previous tours overseas (16 month for Korea and Kuwait).  The fact that Item 12f does not include his service in Iraq is clear.  

5.  The information contained in the e-mail from DFAS shows the months the applicant received IDP for Kuwait.  The exact dates of the applicant's time spent in Iraq are not available.  IDP is paid for an entire month based a member being in an area that qualifies for IDP for at least one day.  Therefore, there is insufficient information to update Item 12f.  There is also insufficient information to provide for an entry showing the country and inclusive dates of deployment in Item 18 of the applicant's DD Form 214.

6.  The three certificates for award of the Army Commendation Medal each containing a permanent order number are sufficient evidence to show the applicant received three Army Commendation Medals during his enlistment.  Therefore, it is appropriate to amend Item 13 of his DD Form 214 to show Army Commendation Medal (3rd Award).

7.  Based on the deployment orders of the Division Artillery, the dates of the applicant's NCOER, and the comments concerning Iraq made in that NCOER it is reasonable to conclude the applicant did complete at least 30 days of consecutive service in Iraq after 19 March 2003.  Therefore, it is appropriate to amend his DD Form 214 to show he is authorized the Iraq Campaign Medal.  



8.  Although the exact dates of the applicant's Iraq service are unavailable, the fact that he was in Iraq indicates participation in one campaign.  Therefore, he is authorized one bronze service star to be worn on his Iraq Campaign Medal.

9.  The applicant's military personnel record shows he served 30 consecutive days outside the designated areas of operations during the Global War on Terrorism.  Therefore, he has met the requirements for the Global War on Terrorism Service Medal.

10.  The two Service School Academic Evaluation Reports show the applicant completed BNCOC during the period covered by the applicant's DD Form 214.  Therefore it is appropriate to include this school in Item 14 of his DD Form 214.

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 making the following amendments to his DD Form 214:

	a.  Item 13 - delete:  Army Commendation Medal (2nd Award) 

                          add:  Army Commendation Medal  (3rd Award), Iraq Campaign Medal with one bronze service star; and Global War on Terrorism Service Medal; and

	b.  Item 14 - add:  Basic Noncommissioned Officer Course 6 weeks.



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 MOS 13R and foreign service in Item 12f and Item 18 of the applicant's DD Form 214.  



      _______ _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)                                         AR20080007684





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ABCMR Record of Proceedings (cont)                                         AR20080007684



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