IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080011197
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, in effect, that the Army Commendation Medal; the Army Achievement Medal; the Army Good Conduct Medal; the Overseas Service Ribbon; and the Global War on Terrorism Expeditionary Medal be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 23 May 2005. He also requests, in effect, that several courses he completed during that same period be shown on his DD Form 214, dated 23 May 2005.
2. The applicant states, in effect, that the authorized awards he received and courses he completed during his period of service from 24 May 2001 to 23 May 2005 are not shown on his DD Form 214, dated 23 May 2005.
3. The applicant provides a copy of his DD Form 214, dated 23 May 2005; a copy of Permanent Order Number 209-2, awarding him the Army Commendation Medal;
a copy of Permanent Order Number 68-01, awarding him the Army Achievement Medal; a copy of Permanent Orders 04-008, awarding him the Good Conduct Medal (1st Award); a copy of two Certificates of Training; and a copy of his Certificate of Completion, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army on 24 May 2001. He was trained as a Unit Supply Specialist, in military occupational specialty (MOS), 92Y. He was promoted to specialist (SPC)/E-4 effective 24 March 2003. He was released from active duty on 23 May 2005 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
2. The applicants DD Form 214 shows he was awarded the National Defense Service Medal; the Global War on Terrorism Service Medal; the Army Service Ribbon; and the Expert Marksmanship Qualification Badge with Rifle Bar. His DD Form 214 does not show any additional awards.
3. The applicant provides a copy of an award certificate and Permanent Order Number 209-2, from Division Support Command, 1st Armored Division, which show he was awarded the Army Commendation Medal, for exceptionally meritorious service as a PBO (Property Book Office) Team Clerk while serving in Germany and Direct Combat Operations in OIF (Operation Iraqi Freedom), Baghdad, Iraq, during the period 3 November 2001 to 3 November 2003.
4. The applicant provides a copy of Permanent Order Number 68-01, from the 302nd Signal Battalion, which show he was awarded the Army Achievement Medal, for meritorious service while serving as the Unit Supply Sergeant for
D Company, 302nd Signal Battalion during the period 13 November 2003 to
23 May 2005.
5. The applicant provides a copy of Permanent Orders 04-008, published by
D Company 302nd Signal Battalion, dated 26 May 2004, which awarded him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active federal military service during the period 24 May 2001 to 23 May 2004.
6. Item 5 (Overseas Service), of the applicants DA Form 2-1 (Personnel Qualification Record - Part II), shows that he served in Germany for 24 months. Item 23 Item 35 (Record of Assignments), of his DA Form 2-1, shows he was assigned to HHC (Headquarters and Headquarters Company), 1st AD (Armored Division) DISCOM (Division Support Command), in Germany, on 5 November 2001.
7. A review of the Human Resources Command Integrated WEB Services, History and Assignment Section, shows that the applicant served in Germany with the 1st Armored Division from 6 November 2001 to 5 October 2003. It also shows that the applicant is a single Soldier with no dependents.
8. Information provided by the DFAS (Defense Finance and Accounting Service) revealed that the applicant served in Iraq in support of OIF and received HFP/IDP (hostile fire pay/imminent danger pay) during the period 7 May 2003 to 3 October 2003.
9. The applicant provided a copy of his Certificate of Training which shows that he successfully completed the 123rd Main Support Battalion Driver's Training
Program, at Dexheim, Germany, during the period 18 to 28 June 2002, for 80 hours, which equates to 2 weeks in length. This course is not shown in item 14 (Military Education) of the applicant's DD Form 214.
10. The applicant provided a copy of his Certificate of Training which show that he successfully completed the Combat Lifesavers Course, at Wiesbaden, Germany, during the period 14 to 18 October 2002, for 40 hours, which equates to 1 week in length. This course is not shown in item 14 of the applicant's DD Form 214.
11. The applicant provided a copy of his Certificate of Completion for the ULLS-S4 (Unit Level Logistics System) Management Course for 40 hours, which equates to 1 week in length. This course is not shown in item 14 of the applicant's DD Form 214.
12. The applicant enlisted in the Oklahoma Army National Guard (OKARNG) on 30 March 2006, for 2 years, with an established expiration of term of service (ETS) of 29 March 2008. On 7 January 2007, the applicant extended his service by 6 years. His new ETS is 29 March 2013.
13. The applicant was ordered to active duty 22 October 2007 in support of OIF Operation Iraqi Freedom (OIF) for a period of 400 days.
14. Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that 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. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
15. Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves. This regulation also governs overseas tour lengths and credit for tour completion. In pertinent part, it states that the normal, without dependents tour length for Germany is 24 months and with dependents is 36 months. The regulation also shows that single, initial-term Soldiers, will serve the unaccompanied tour.
16. Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States. Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2), is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement. Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM) if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award. Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.
17. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. It states, in pertinent part, that item 14 (Military Education) will list formal, in service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Army Commendation Medal, the Army Achievement Medal, and the Good Conduct Medal (1st Award) for the period 24 May 2001 to 23 May 2004. These awards are not shown on his DD Form 214. He is therefore entitled to correction of his DD Form 214, dated 23 May 2005, to show these awards.
2. The evidence shows that the applicant served oversea in Germany as a single Soldier, with no dependents, from 6 November 2001 to 5 October 2003; completed approximately 24 months of overseas service; and met the criteria for award of the Overseas Service Ribbon. Therefore, he is entitled to correction of his DD Form 214, dated 23 May 2005, to show the Oversea Service Ribbon.
3. The evidence shows that the applicant was ordered to active duty in support of OIF. He is therefore eligible for award of the Global War on Terrorism Expeditionary Medal and to have this award added to his DD Form 214.
4. The evidence of record shows that the applicant completed the 123rd Main Support Battalion Driver's Training Program, at Dexheim, Germany, on 28 June 2002, which was 2 weeks in length; the Combat Lifesavers Course, at Wiesbaden, Germany, on 18 October 2002, which was 1 week in length; and the Unit Level Logistics System-S4 Management Course, on 5 December 2003, which was 1 week in length. These are training courses which skills can be applied to civilian job placement; therefore, he is entitled to correction of item 14, of his DD Form 214, issued on 23 May 2005, to show these courses.
BOARD VOTE:
___x____ ____x___ __x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the already-awarded Army Commendation Medal, the Army Achievement Medal, and the Good Conduct Medal (1st Award) to his DD Form 214, dated 23 May 2005;
b. awarding the applicant the Overseas Service Ribbon and the Global War on Terrorism Expeditionary Medal and adding these awards to his DD Form 214, dated 23 May 2005;
c. showing the entry "Driver's Training Program, 2 weeks, 2002," in item 14 (Military Training), of his DD Form 214, dated 23 May 2005;
d. showing the entry "Combat Lifesavers Course, 1 week, 2002," in item 14, of his DD Form 214, dated 23 May 2005; and
e. showing the entry "Unit Level Logistics System-S4 Management Course,
1 week, 2003," in item 14 , of his DD Form 214, issued on 23 May 2005.
_________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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