IN THE CASE OF:	  

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080013063 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Item 11 (Primary Specialty) to show military occupational specialty (MOS) 15F (Aircraft Electrician);

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Army Service Ribbon, the National Defense Service Medal, the Global War on Terrorism Award [sic] (Service Medal), and the Aircraft Member Badge [sic] (the Army Aviation Badge-Basic); and the Army Lapel Button; and

	c.  Item 14 (Military Education) to show she attended basic combat training at Fort Jackson, South Carolina, and “Tech School” [sic] (Advanced Individual Training), at Fort Eustis, Virginia.

2.  The applicant states that her records contain administrative errors and that she requested immediate correction at the time, but received notice that she had to wait six months after discharge.

3.  The applicant did not provide any additional documentary evidence in support of her application.  



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 records show she enlisted in the Regular Army for a period of 6 years on 29 June 2004.  She completed basic combat training at Fort Jackson, South Carolina, and proceeded to Fort Eustis, Virginia, to attend advanced individual training (AIT) for MOS 15F.  She was assigned to A Company, 1st Battalion, 222nd Aviation Regiment.  

3.  On 9 February 2005, while still in AIT, the applicant requested separation from the Army under the provisions of chapter 8 of Army Regulation (AR) 635-200 (Personnel Separations) by reason of pregnancy.

4.  On 2 March 2005, the separation authority approved the applicant’s request for separation under the provisions of chapter 8 of AR 600-200, by reason of pregnancy, with a character of service of honorable.  She was accordingly released from active duty on 11 March 2005.  The DD Form 214 she was issued shows she completed 8 months and 13 days of creditable military service.  Additionally, Items 11, 13, and 14 of her DD Form 214 show the entry “None//Nothing Follows.” 

5.  Headquarters, U.S. Army Transportation Center and Fort Eustis, Fort Eustis, Virginia, Permanent Order 357-34, dated 22 December 2004, shows the applicant was awarded the Army Aviation Badge-Basic.

6.  Headquarters, U.S. Army Transportation Center and Fort Eustis, Fort Eustis, Virginia, Permanent Order 026-23, dated 26 January 2005, revoked the order that awarded the applicant the Army Aviation Badge-Basic. 



7.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  

8.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Enlisted Soldiers will be awarded this ribbon upon successful completion of their initial MOS producing course.  For those enlisted Soldiers assigned a MOS based on civilian or other service acquired skills, this ribbon will be awarded on honorable completion of 4 months active service. 

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Lapel Button is a gratuitous issue and the eligibility requirements are as follows:  (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation, and those receiving an Honorable Discharge Certificate); (b) non-adverse separation provision; (c) minimum 9 months continuous service - a break is 24 hours or more; (d) active Federal service on or after 1 April 1984; or, service in a Ready Reserve unit organized to serve as a unit (National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.  

10.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), 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 GWOTSM for approved operations to units and personnel within his or her command.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  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:

	a.  Initial award of the GWOTSM 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

	b.  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 GWOTSM. 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 11 of the DD Form 214 reflects the primary specialty.  This Item contains titles of all MOS served for at least 1 year and includes for each MOS the number of years and months served. Item 14 shows the Soldier’s Military Education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This item includes title, length in weeks, 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 that the applicant served a qualifying period for award of the National Defense Service Medal and the Global War on Terrorism Service Medal.  These awards are not shown on her DD Form 214; therefore, she is entitled to correction of her records to show these awards.

2.  With respect to award of the Army Service Ribbon, the evidence of record shows that the applicant did not successfully complete her initial MOS producing course; therefore, she did not qualify for award of the Army Service Ribbon.

3.  With respect to award of the Army Aviation Badge-Basic, the evidence of record shows that the order awarding the applicant the Army Aviation Badge-Basic was revoked for noncompletion of MOS training.  There is no evidence in the available records and the applicant did not provide any substantiating evidence that shows she was issued a second and/or subsequent order awarding her the Army Aviation Badge-Basic.

4.  With respect to award of the Army Lapel Button, the evidence of record shows that the applicant completed 8 months and 13 days of creditable military service, short of the minimum 9 months of continuous service required for this award.  Therefore, she is not entitled to award of the Army Lapel Button.

5.  With respect to the applicant’s MOS, there is no evidence in the available records and the applicant did not provide any evidence that she completed advanced individual training and/or was awarded an MOS.  The applicant’s separation packet clearly shows that she was separated while still undergoing MOS training.  Therefore, there is insufficient evidence that shows the applicant completed MOS training.

6.  With respect to the applicant’s military education, the applicant’s basic training is considered a training course for combat skills and is not entered on the DD Form 214.  Furthermore, there is no evidence that the applicant completed MOS training or any other formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Therefore, the applicant is not entitled to the requested relief.

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 the National Defense Service Medal and the Global War on Terrorism Service Medal to her DD Form 214.






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 adding MOS 15F, military education, award of the Army Lapel Button, the Army Service Ribbon, and the Army Aviation Badge-Basic to her DD Form 214.



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      _______ _   _______   ___
               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)                                         AR20080013063



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ABCMR Record of Proceedings (cont)                                         AR20080013063



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