IN THE CASE OF:	  

		BOARD DATE:	  7 April 2009

		DOCKET NUMBER:  AR20080016798


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 reflect all awards to which he is entitled, certificates earned, and foreign service.

2.  The applicant states, in effect, that he was never awarded the Army Good Conduct Medal (AGCM) and that his DD Form 214 fails to show other earned awards.  He also states that his certificates and service performed in South Korea and Afghanistan are not reflected on his DD Form 214.

3.  The applicant provides an Enlisted Record Brief (ERB), Afghanistan assignment orders with amendment, and 8 certificates in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he enlisted in the Regular Army (RA) and entered active duty on 7 April 2005.  He was trained in and awarded military occupational specialty (MOS) 35L (Counterintelligence Agent), and sergeant (SGT) is the highest rank he attained while serving on active duty.

2. Section I (Assignment Information-Overseas/Deployment Combat Duty) of the applicant's ERB is void of any entries.  Section IX (Assignment Information) contains an entry showing he served in Korea from 17 November 2005 through some date prior to his arrival at Fort Meade, Maryland on 15 March 2007.  
3.  Section VIII (Awards and Decorations) of the applicant’s ERB shows that he earned the following awards during his tenure on active duty:  National Defense Service Medal (NDSM); Korea Defense Service Medal (KDSM); Global War on Terrorism Service Medal (GWOTSM); Army Service Ribbon (ASR); and Basic Marksmanship Qualification Badge (BMQB).  His Official Military Personnel File (OMPF) contains certificates that show he was awarded the Army Achievement Medal (AAM), for his meritorious service in Korea from 15 November 2005 through 14 November 2006; and the Army Commendation Medal (ARCOM), for meritorious service in Afghanistan from 27 November 2006 through 11 February 2008.  Both certificates confirm these awards were authorized and announced in official orders.  His OMPF is void of any derogatory information or of a unit commander disqualification that would have precluded him from receiving the AGCM.

4.  On 6 April 2008, the applicant was honorably released from active duty by reason of completion of required service.  The DD Form 214 he was issued at that time shows he completed 3 years of active military service.  Item 12f (Foreign Service) contains the entry “0000 00 00.”  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his tenure on active duty:  NDSM; GWOTSM; KDSM; ASR; and BMQB.  Item 14 (Military Education) shows he completed the 17-week Counterintelligence Agent Course in 2005.  

5.  A review of the applicant's Defense Finance and Accounting Service record shows he was assigned to Afghanistan and received imminent danger pay (IDP) from 1 July through 31 December 2007.  The applicant was also contacted and he confirmed that his exact dates of service in Afghanistan were 14 July through 
10 December 2007.  He also verified that he served in Korea from 17 November 2005 through 20 November 2006.  

6.  The applicant provides certificates that show he completed the Warrior Leader Course (WLC) and was selected for the Commandant's List, on 28 March 2007; that he qualified for and was awarded the German Armed Forces Proficiency Badge-Gold, on 18 October 2005; and that he qualified as an expert marksman in accordance with Army standards with the rifle.  He also provides certificates that show he successfully completed the “Countersurreptitious Entry Course,” on
4 May 2007, and the "Installation and Operation of the X-09 Course,” on 1 May 2007.


7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-16 provides guidance on award of the Afghanistan Campaign Medal (ACM).  It provides, in pertinent part, that the ACM is authorized for 30 consecutive or 60 nonconsecutive days of service in Afghanistan on or after 24 October 2001, to a future date to be determined by the Secretary of Defense.

8.  Military Personnel Message Number 08-123 issued 30 April 2008 provides, in pertinent part, guidance on the criteria, applicability, and standards on awarding the ACM and it states that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the Afghanistan.  It contains a list of campaigns and it shows the applicant was credited with participating in the Consolidation II campaign.

9.  Paragraph 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years and that a clasp is authorized for wear on the AGCM to denote a second or subsequent award.  Although there is no automatic entitlement to the AGCM, disqualification must be justified. 

10.  Paragraph 5-6 of the awards regulation provides for the award of the Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR).  It is awarded to members for successful completion of designated noncommissioned officer (NCO) professional development courses, which includes the Warrior Leader Course (WLC).  Appendix D identifies foreign badges authorized for wear by U.S. Soldiers and includes the German Armed Forces Proficiency Badge in the list of awards authorized for acceptance and wear on the Army uniform.

11.  Army Regulation 635-5 (Separation Documents) prescribes the policy for separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214 and contains item-by-item instructions that include the following instructions of the items indicated:  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; Item 13, enter all awards and decorations for all periods of service; Item 14, enter formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  

12.  Army Regulation 635-5 also provides, in pertinent part, that for active duty Soldiers deployed with their units Item 18 of the DD Form 214 will show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  There are no provisions that specifically provide for entering all certificates on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that corrections to his DD Form 214 should be made to reflect all of his awards, certificates, and foreign service was carefully considered and found to have partial merit.  The available evidence shows the applicant completed 1 year and 4 days service in Korea from 17 November 2005 through 20 November 2006, as evidenced by an ERB entry and a statement from the applicant confirming exact dates of service.  The evidence of record also shows the applicant served in Afghanistan from 14 July through 10 December 2007 as evidenced by the DFAS record, and the applicant confirms this exact period of service was completed from 14 July through 10 December 2007, for a total of 4 months and 27 days service.  As a result, it is clear he completed a combined total of 1 year, 5 months and 1 day of foreign service.  Therefore, it would be appropriate to amend the applicant's DD Form 214 by adding the entry 
"0001  05  01" in Item 12f; and adding the entry “SERVICE IN AFGHANISTAN FROM 20070714 TO 20071210" to Item 18.  

2.  Further, based on the applicant's service in Afghanistan, he is eligible to receive the ACM with one bronze service star and to have this award added to his DD Form 214 at this time.  

3.  The evidence of record also confirms the applicant honorably served on active duty for 3 years, from 7 April 2005 through 6 April 2008.  Therefore, absent any evidence of derogatory information or of a unit commander disqualification that would have precluded him from receiving the AGCM, it would be appropriate and serve the interest of justice and equity to award him the AGCM for his qualifying period of honorable active duty service from 7 April 2005 through 6 April 2008, and to add this award to his DD Form 214 at this time.

4.  The applicant's record also contains documents confirming he was awarded the AAM, ARCOM, German Armed Forces Proficiency Badge in Gold, and Expert Marksmanship Qualification Badge with Rifle Bar, which are not listed on his DD Form 214.  As evidenced by certificates contained in his OMPF, and based on his completion of the WLC, he is also eligible for award of the NCOPDR.  These awards should be added to his DD Form 214 at this time.


5.  The applicant is advised that there are no regulatory provisions that provide for entering all training and award certificates on the DD Form 214.  As a result, there is an insufficient evidentiary basis to add training certificates to his DD Form 214.

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:

   a.  awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 7 April 2005 to 6 April 2008; 

   b.  deleting the current entry from Item 12f of his DD Form 214 and adding the entry "0001 05 01”; 
   
   c.  adding to Item 13 of his DD Form 214 the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, Afghanistan Campaign Medal with one bronze service star, Noncommissioned Officer Professional Development Ribbon, German Armed Forces Proficiency Badge-Gold, and Expert Marksmanship Qualification Badge with Rifle Bar;
   
   d.  adding to Item 18 the entry “SERVICE IN AFGHANISTAN FROM 20070714 TO 20071210”; and 

   e.  providing him a document that includes these changes.  
   

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 any certificates to his DD Form 214.  




      _______ _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)                                         AR20080016798



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016798


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1