IN THE CASE OF:	

		BOARD DATE:	  25 November 2008

		DOCKET NUMBER:  AR20080014269 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his two deployments were during the periods of 5 January 2005 to 15 February 2006 and 16 January 2007 to 15 April 2008, and that his foreign service be corrected to show 2 years and 6 months.  He also requests the awards of the Army Commendation Medal (3rd award), Army Achievement Medal (2nd award), and the Driver Badge with Component Bar (Wheel) to be shown.

2.  The applicant states that the above information was left off his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; Headquarters and Headquarters Company (HHC), 1st Brigade, 3rd Infantry Division (Mechanized), Operation Iraqi Freedom V, Permanent Orders (no order number) dated 6 November 2007; and five DA Forms 638 (Recommendation for Award).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the Regular Army on 16 September 2003.  He completed the necessary training and was awarded military occupational specialty 11B (Infantryman).

2.  He served continuously until he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri, on 17 June 2008.  He completed 4 years, 9 months, and 2 days of net active service during this period.
3.  The applicant's DD Form 214, item 12f (Foreign Service), shows the entry "0001 00 00."

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 includes the Army Commendation Medal (2nd Award) and the Driver and Mechanic Badge with Driver - Tracked Vehicle Clasp.  Item 13 does not show the award of any Army Achievement Medal and Driver or Mechanic Badge with Component Bar (Wheel).

5.  His DD Form 214, item 18 (Remarks), shows the entry "SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA//SERVICE IN IRAQI [sic] 20050105-20060104."

6.  The first DA Form 638 that the applicant submitted shows that Headquarters, 3d Battalion, 69th Armor, Permanent Order Number 194-09 dated 20 June 2004 awarded the Army Achievement Medal to the applicant for exemplary performance while serving at Fort Stewart, Georgia, for the period 15 May 2004 to 20 June 2004.

7.  The second DA Form 638 shows that Headquarters, Brigade Troops Battalion, Permanent Order Number 24-72 dated 27 January 2006 awarded the second Army Achievement Medal to the applicant for meritorious achievement while in Kuwait for the period 15 December 2005 to 5 February 2006 for a total of 1 month and 21 days.

8.  The other three DA Forms 638 show that Headquarters, 1st Brigade Combat Team, 3rd Infantry Division, Permanent Order Number 290-30 dated 28 October 2005, Permanent Order Number 213-006 undated, and Permanent Order Number 002-151 dated 7 January 2008 awarded three Army Commendation Medals to the applicant while serving in Iraq.  The periods of service for the DA Forms 638 were 15 January 2005 to 31 December 2005, 16 July 2007 to 17 July 2007, and 16 January 2007 to 15 April 2008, for a total of 2 years, 4 months, and 10 days.

9.  The HHC, 1st Brigade, 3rd Infantry Division (Mechanized), Operation Iraqi Freedom V, Permanent Order (no order number) that the applicant submitted shows the applicant was awarded the Driver Badge.  However, it does not identify the type of component bar for which he is qualified and is signed by a captain.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge.  To receive award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and must perform satisfactorily for a minimum of 1 year as an active qualified driver instructor or motor vehicle driver examiner.  It also provides that commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve the award of the Driver and Mechanic Badge.

11.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.

12.  Army Regulation 635-5 further states, in pertinent part, that for Soldiers on active duty deployed to a foreign country with their unit during their continuous period of active service enter in item 18 of the DD Form 214 the appropriate entry "SERVICE IN (Name of the country deployed) FROM (inclusive dates YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was awarded three Army Commendation Medals and two Army Achievement Medals.  Therefore, he is entitled to correction of his records to show the Army Commendation Medal  
(3rd Award) and the Army Achievement Medal (2nd Award).

2.  Based on the DA Forms 638 that the applicant submitted for the periods 15 January 2005 to 31 December 2005, 16 July 2007 to 17 July 2007, and 16 January 2007 to 15 April 2008, it is reasonable to conclude that the applicant was in Southwest Asia and served in Kuwait and Iraq for a total of 2 years, 4 months, and 10 days.  Therefore, the applicant is entitled to correction of his records to show 2 years, 4 months, and 10 days in Item 12f of his DD Form 214.

3.  In addition, the applicant is entitled to correction of his records to show "SERVICE IN KUWAIT AND IRAQ IN SUPPORT OF OPERATION IRAQI FREEDOM FROM 20050115-20051231 AND 20070116-20080415."

4.  The Permanent Order with no order number that the applicant submitted does not meet the criteria to award the applicant the Driver and Mechanic Badge with Component Bar (Wheel), because the order was signed by a captain and it does not show what type of component bar to be awarded.  Therefore, he is not entitled to correction of his records to show this award.

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 the awards of the Army Commendation Medal (3rd Award) and Army Achievement Medal (2nd Award) in item 13; 2 years, 4 months, and 10 days in item 12f; and "SERVICE IN KUWAIT AND IRAQ IN SUPPORT OF OPERATION IRAQI FREEDOM FROM 20050115-20051231 AND 20070116-20080415" in item 18 of his 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 showing 2 years and 6 months in item 12f and award of the Driver and Mechanic Badge with Component Bar (Wheel).



      __________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)                                         AR20080014269



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014269



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1