IN THE CASE OF:
BOARD DATE: 09 SEPTEMBER 2008
DOCKET NUMBER: AR20080010254
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:
a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Service Ribbon, the Overseas Service Ribbon, the Kentucky State Active Duty Ribbon, the Marksmanship Badge with Auto Rifle Bar (sic), the Driver Mechanic Badge with Driver W Bar (sic), and the Aircraft Crewman Badge (now called the Aviation BadgeBasic); and
b. Item 14 (Military Education) of his DD Form 214 be corrected to show the Aircraft Electrician 68F Course, the Automated Logistics Specialist 92A Course, the Computer Security Course, and Forklift Certification Training.
2. The applicant states, in effect, that he believes the U.S. Army should honor its commitment to its Soldiers by providing an accurate DD Form 214. Having an accurate DD Form 214 assists Soldiers when applying for jobs and benefits. It boils down to the Army doing the honorable and right thing.
3. The applicant provides a copy of his DD Form 214; a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); a copy of his discharge orders from the Kentucky Army National Guard (KYARNG); a copy of his Honorable Discharge Certificate from the KYARNG; a copy of his Aviation Badge-Basic orders; a copy of his Forklift Certification Training; a copy of his Computer Users Security Course Certificate of Training; copies of his DA Forms 1059 (Service School Academic Evaluation Report) for the 92A Automated Logistics Course Phase I and 92A Automatic Logistics Course Phase II; a copy of SARSS 1 Operator Certificate of Training; and a copy of his DA Form 2-1 (Personnel Qualification Record).
CONSIDERATION OF EVIDENCE:
1. On 11 July 2006, the applicant, a member of the KYARNG, was ordered to active duty in support of Operation Iraqi Freedom. He served in Iraq from
24 October 2006 10 October 2007.
2. On 11 November 2007, he was released from active duty and returned to his unit in the KYARNG. He was issued a DD Form 214 covering this period of active duty.
3. On 10 February 2008, he was discharged from the KYARNG and assigned to the U.S. Army Reserve Control Group (Annual Training).
4. The Army Service Ribbon is already shown on the applicant's DD Form 214 and will not be addressed further in these proceedings.
5. A thorough search of the applicant's official record filed on the Integrated Personnel Electronic Records Management System (iPerms) failed to reveal any orders for any weapons qualification badges or the Driver and Mechanic Badge with Driver W Bar. The applicant did not provide copies of orders awarding him these badges; however, his DA Form 2-1 shows he was awarded the Driver and Mechanic Badge on 2 April 2005.
6. Permanent Orders 252-144, Department of the Army, U.S. Army Transportation Center and Fort Eustis, dated 12 August 2002, awarded the applicant the Aviation Badge-Basic. This badge is not shown on his DD Form 214.
7. The applicant provided a copy of his Computer Users Security Course Certificate of Training which he completed on 7 April 2006.
8. The applicant provided a copy of his Forklift Certification showing that he successfully completed the safety training program on 15 September 2006.
9. The applicant provided copies of his DA Forms 1059 for the 92A Automated Logistics Course Phase I and 92A Automatic Logistics Course Phase II, completed on 4 April 2004 and 16 May 2004, respectively. His NGB Form 22 shows he successfully completed these courses.
10. The applicant's DD Form 2-1 shows he completed the 18-week Aircraft Electrician 68F Course in 2002. His NGB Form 22 also shows that he completed this course in October 2002.
11. The applicant's DD Form 2-1 and NGB 22 show he was awarded the KY State Active Duty Ribbon.
12. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.
13. A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan. The document states "Question: How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon? Answer: Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office: Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour. Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."
14. The KY State Active Duty Ribbon may be awarded to members of the KYARNG who honorably served 3 or more consecutive days on state active duty during a disaster or civil disturbance.
15. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5). Item 13 of the DD Form 214 lists awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22 (Military Awards). Each entry is verified by the individual's service record. Item 14 lists 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant had a qualifying period of service in Iraq for award of the Overseas Service Ribbon. Therefore, he is entitled to have his record corrected to show this award.
2. Permanent Orders awarded the applicant the Aviation Badge-Basic. Therefore, he is entitled to have his record corrected to show this award.
3. The applicant's DA Form 2-1 shows he was awarded the Driver and Mechanic Badge on 2 April 2005. Therefore, he is entitled to have his record corrected to show award of the Driver and Mechanic Badge with Driver W Bar.
4. There are no weapons qualification orders available in the applicant's record and he has failed to provide a copy of any orders. As such, no change can be made to his record regarding his request to add the Marksmanship Qualification Badge with Auto Rifle Bar.
5. The KY State Active Duty Ribbon is an award given by the State of Kentucky and is not listed in Army Regulation 600-8-22 which prescribes the policy, criteria and administrative instructions concerning individual military awards. Only awards listed in Army Regulation 600-8-22 are reflected on the DD Form 214. Therefore, the applicant is not entitled to have his record corrected to show this award. It is noted that this award is properly shown on his NGB Form 22.
6. Although the applicant completed the Forklift Certification Training on
15 September 2006 while on active duty, the certificate does not indicate the length of the course and whether it was a formal in-service (full-time attendance) training course. Therefore, there is insufficient information at this time to add this training course to the applicant's DD Form 214.
7. The 92A Automated Logistics Course Phase I, the 92A Automatic Logistics Course Phase II, the Aircraft Electrician 68F Course, and Computer Users Security Course were all completed prior to the period of active duty covered in the applicant's DD Form 214. Therefore, he is not entitled to have these courses added to his DD Form 214. Again, it is noted that these courses are properly annotated on his NGB Form 22.
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 by:
a. awarding the applicant the Overseas Service Ribbon and correcting his record to show this award; and
b. adding the already awarded Aviation Badge-Basic and the Driver and Mechanic Badge with Driver W Bar.
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 correcting his record to show the Marksmanship Qualification Badge with Auto Rifle Bar; the KY State Active Duty Ribbon; 92A Automated Logistics Course Phase I; the 92A Automatic Logistics Course Phase II; the Aircraft Electrician 68F Course; Computer Users Security Course, and the Forklift Certification Training.
___ 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.
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