IN THE CASE OF:	 

		BOARD DATE:	  	 16 October 2008

		DOCKET NUMBER:  AR20080012826 


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, correction of his military occupational specialty (MOS) and to add his awards from his deployment to his discharge document.

2.  The applicant states, in effect, he was fully trained and worked as a military policemen in the U.S. Army Reserve (USAR) and the military occupational specialty (MOS) shown on his discharge document should be corrected to show MOS 95B (Military Policeman) or the revised MOS Code of MOS 31C (Military Policeman).  He adds that he did not serve in the USAR as a mechanic.  The applicant also states that his discharge document should be corrected to show the awards he is authorized for his service in Kuwait and Iraq.  The applicant further states that the errors on his discharge document were merely due to oversight and the corrections will properly document the full character of his service and further his goal of becoming a part of the Federal law enforcement community.

3.  The applicant provides a self-authored statement, dated 17 July 2008;
DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 7 June 1998; DD Form 214WS (Worksheet), dated
31 December 2003; DD Form 4-Series (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 9 September 1998; 2 DA Forms 1059 (Service School Academic Evaluation Reports), dated 14 April 2002 and 21 June 2002; DA Form 2A (Personnel Qualification Record - Enlisted), dated
14 February 2003; 519th Military Police Battalion (Vipers), Certificate of 
Achievement, dated 1 August 2003; Coalition Provisional Authority, Certificate of Commendation, dated 10 October 2003; Certificate of Achievement, Operation Iraqi Freedom for the period 16 April 2003 to 10 December 2003; 519th Military Police Battalion (Vipers), Certificate of Achievement, undated; and DA Form 4980-14 (The Army Commendation Medal) Certificate), dated 3 November 2003.

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 service records contain a DD Form 214, with an effective date of 7 June 1998.  This document shows the applicant enlisted and entered active duty in the U.S. Navy on 8 June 1992.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Southwest Asia Service Medal, Navy “E” Award (5th Award), and Sea Service Deployment Ribbon.  On 7 June 1998, the applicant was honorably released from active duty (REFRAD) and transferred to the Naval Reserve.  At the time, he was credited with completing 6 years net active service this period.

3.  The applicant’s military service records contain a DD Form 4-Series, dated
9 September 1998, that shows the applicant enlisted in the U.S. Army Reserve for a period of 6 years on 9 September 1998.

4.  The applicant's military service records contain a copy of Headquarters,
77th U.S. Army Regional Support Command, Fort Totten, Flushing, New York, Orders M-050-0007, dated 19 February 2003, that show the applicant was ordered to active duty on 17 February 2003 for a period of 365 days and mobilized for Operation Enduring Freedom.  These orders also show, at that time, the applicant’s primary MOS (PMOS) was 88L1O.


5.  The applicant's military service records contain a DD Form 214, with and effective date of 24 January 2004.  This document shows the applicant was ordered to active duty in support of Operation Enduring Freedom on 17 February 2003; served in Kuwait and Iraq from 16 April 2003 to 18 December 2003, and was honorably released form active duty based upon completion of required active service on 24 January 2004.  Item 11 (Primary Specialty) shows the applicant held PMOS 88L1O (Watercraft Engineer).  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Southwest Asia Service Medal, Armed Forces Reserve Medal with “M” Device, Army Service Ribbon, Navy “E” Ribbon, and Seas Service Deployment Ribbon.  This document also shows, at the time of his separation, the applicant was credited with completing 11 months and 8 days net active service this period and 6 years total prior active service.

6.  The applicant's military service records contain a copy of Headquarters,
77th U.S. Army Regional Readiness Command, Ernie Pyle USAR Center, Fort Totten, Orders 04-033-00011, dated 2 February 2004, that show the applicant was reassigned from the 812th Military Police Company (Combat Support), Orangeburg, New York and assigned to the 366th Military Police Company, Detachment 1 (Guard), Huntsville, Texas, effective 1 February 2004.  These orders also show, at that time, the applicant’s Management Designator (i.e., PMOS) was 88L1O.

7.  The applicant's military service records contain a copy of Headquarters,
90th Regional Readiness Command, North Little Rock, Arkansas, Orders
04-230-00011, dated 17 August 2004, that show the applicant was honorably discharged from the USAR, effective 17 August 2004.

8.  In support of his application, the applicant provides the following documents: 

     a.  A self-authored statement, dated 17 July 2008, DD Form 214, with an effective date of 7 June 1998; DD Form 214WS, dated 31 December 2003; and DD Form 4-Series, dated 9 September 1998.  The self-authored statement was summarized in the applicant’s request and the 3 other documents were previously introduced and considered in this Record of Proceedings.

     b.  Two DA Forms 1059 (Service School Academic Evaluation Reports), dated 14 April 2002 and 21 June 2002.  The DA Form 1059, dated 14 April 2002, in pertinent part, shows the applicant attended course 191-95B1O(F), Basic Military Police Phase I, Class 902-02, at the 2nd Military Police Battalion,
95th Division (Individual Training), from 17 January 2002 through 14 April 2002, 
and achieved course standards.  The DA Form 1059, dated 21 June 2002, in pertinent part, shows the applicant attended course 191-95B1O(F), Basic Military Police Phase II, at the 2nd Military Police Battalion, 3rd Brigade (Combat Support), 95th Division (Individual Training), from 8 June 2002 through 21 June 2002, and achieved course standards.  

     c.  DA Form 2A (Personnel Qualification Record - Enlisted), dated
14 February 2003, that shows, in pertinent part, the applicant’s duty position was 95B1O.

     d.  519th Military Police Battalion (Vipers), Certificate of Achievement, dated
1 August 2003, issued to the applicant for meritorious achievement while performing a military police combat patrol in Baghdad, Iraq on 22 July 2003.

     e.  Coalition Provisional Authority, Certificate of Commendation, dated
10 October 2003, issued to the applicant for the courage he demonstrated during the initial response to the United Nations bombing in Baghdad, Iraq on 19 August 2003.

     f.  Certificate of Achievement, Operation Iraqi Freedom, issued to the applicant for his contributions in support of Operation Iraqi Freedom during the period 16 April 2003 to 10 December 2003.

     g.  519th Military Police Battalion (Vipers), Certificate of Achievement, undated, issued to the applicant for exceptional meritorious performance of duty during ground combat in support of Operation Iraqi Freedom.

     h.  DA Form 4980-14 (The Army Commendation Medal Certificate), dated
3 November 2003, awarded to the applicant for meritorious service while serving as a driver during Operation Iraqi Freedom during the period 16 April 2003 to
10 December 2003.  This document also shows the award certificate was signed by the commanding officer (Colonel Teddy R. S____) and announced in Headquarters, 18th Military Police Brigade (Baghdad, Iraq), Permanent Orders Number 307-75, dated 3 November 2003.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 provides that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria: (1) initial award of the Global War on Terrorism Service Medal is 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, or (2) 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.

11.  Army Regulation 600-8-22 provides that the Global War on Terrorism Expeditionary Medal is authorized for award to Soldiers who deploy abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria:  a) be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  The message also states that under no condition will any Soldier in the United States receive this award. 

12.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.



13.  Army Regulation 600-8-22 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.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal (emphasis added).  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).  The instructions for completing Item 11 (Primary Specialty) state that from the ERB/ORB, enter the title of MOS or AOC (Area of Concentration) 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.
The instructions for Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) state to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 and that each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show MOS 95B or MOS 31C and all authorized awards for his military service during his period of active duty.

2.  The applicant’s contention that he was trained and worked as a military policeman while serving in the USAR in support of Operation Enduring Freedom, and the documentary evidence he provides, were carefully considered.  The documentary evidence the applicant provides shows he completed the 95B Basic Military Police course in 2002 and performed duty in MOS 95B prior to his mobilization.  However, the documentary evidence he provides also shows the applicant performed duties as a driver during his service in support of Operation Enduring Freedom (i.e., from 16 April 2003 to 10 December 2003).  In addition, records show that the applicant was ordered to active duty on 17 February 2003 in MOS 88L and he held MOS 88L when he was REFRAD on 24 January 2004.  Moreover, records show the applicant was reassigned within the USAR just
7 days later and his MOS Code was recorded as 88L.  In view of the foregoing, the applicant provides insufficient evidence to support his claim that he was awarded PMOS 95B or PMOS 31C during the period of service under review.  Therefore, he is not entitled to correction of Item 11 of his DD Form 214.

3.  The evidence of record shows that Permanent Orders awarded the applicant the Army Commendation Medal for meritorious service while serving as a driver during Operation Iraqi Freedom during the period 16 April 2003 to 10 December 2003.  Therefore, it would be appropriate to correct his records to show award of the Army Commendation Medal.

4.  Records show the applicant was mobilized in the continental United States on 17 February 2003 and he deployed to Kuwait/Iraq on 16 April 2003.  Thus, records show the applicant qualified for award of the Global War on Terrorism Service Medal for his service in support of the Global War on Terrorism outside the area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct the applicant’s records to show this service medal.

5.  Records show the applicant deployed and served in support of Operation Enduring Freedom in Kuwait and Iraq from 16 April 2003 to 10 December 2003. Thus, records show the applicant qualified for award of the Global War on Terrorism Expeditionary Medal for his service in support of the Global War on Terrorism in the area of eligibility and during the period for award of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct his records to show this service medal.

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 adding to Item 13 of his DD Form 214 the Army Commendation Medal, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.

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 the applicant's primary military occupational 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.

ABCMR Record of Proceedings (cont)                                         AR20080012826



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012826



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1