IN THE CASE OF:
BOARD DATE: 13 August 2008
DOCKET NUMBER: AR20080009723
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 that his separation document (DD Form 214) be corrected to:
a. show four instead of three Army Commendation Medals (ARCOMs);
b. show three instead of two Army Achievement Medals (AAMs);
c. show 11B1O Infantryman 3 years 2 months, 11B2O Infantryman 4 years 0 months instead of 11B1O Infantryman 6 years 10 months in Item 11, Primary Specialty; and
d. show the dates of his second deployment in Iraq in Item 18, Remarks, as 20061002 20071202.
2. The applicant defers to documents submitted as his statement.
3. The applicant provides excerpts from his military records.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that he enlisted in the Regular Army on 25 January 2001, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-5.
2. On 12 April 2008, the applicant was honorably released from active duty by reason of completion of required active service. Item 18, Remarks, of his DD Form 214 shows he served in Iraq from 20040317-20050316 and again from 20061002-20071001. His DD Form 214 shows he was awarded three ARCOMs and two AAMs.
3. The applicants records show that he was awarded four ARCOMs by Permanent Order Number 01-1964 dated 1 January 2005; Permanent Order Number 184-06 dated 7 July 2005; Permanent Order Number 131-347 dated 11 May 2007; and Permanent Order Number 084-005 dated 24 March 2008.
4. The applicants records show that he was awarded three AAMs by Permanent Order Number 263-04 dated 20 September 2002; Permanent Order Number 338-04 dated 14 November 2002; and Permanent Order Number 308-01 dated 4 November 2007.
5. The applicant has submitted Orders Number 220-04 dated 8 August 2006 which show that his unit was deployed in a temporary change of station to Central Command. The applicants name was listed on his units alpha roster. The applicant also submits Orders 270-04 dated 27 September 2007 which amend the number of days deployment to 455 days.
6. Army Regulation 635-5 provides guidance on how to determine the correct entry in Item11, Primary Specialty, of DD Forms 214. This regulation states that, from information derived from the ERB/ORB, enter the titles of all MOS or AOC served for at least 1 year and include for each MOS/AOC the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training.
7. The applicants ERB shows his primary MOS as 11B.
DISCUSSION AND CONCLUSIONS:
1. The applicant is correct, he had been awarded four ARCOMs and three AAMs. As such, he is entitled to correction of his DD Form 214 to show the proper number of these decorations which were awarded.
2. While the applicant has submitted documents showing that his unit was deployed for 455 days, he has not submitted any documentation to show how many days he was deployed. Since there is no certainty that the applicant traveled with the main body of his unit, there is insufficient documentation in which to grant this portion of his request.
3. The applicants ERB lists his MOS as 11B. However, the date he was awarded that MOS is not reflected in his ERB. As such, it must be presumed that the amount of time served in MOS 11B is correctly reflected on the DD Form 214. However, it would be appropriate to delete the skill level of the MOS and correct the applicants records to show 11B Infantryman 6 years 10 months//Nothing Follows.
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 he had been awarded four ARCOMs and three AAMs, and by changing Item 11, Primary Specialty to read 11B Infantryman 6 years 10 months//Nothing Follows.
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 changing the dates of his deployment to Iraq, or to show 11B1O Infantryman 3 years 2 months, 11B2O Infantryman 4 years 0 months, in Item 11, Primary Specialty.
_________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.
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