IN THE CASE OF:	  

		BOARD DATE:	  17 March 2009

		DOCKET NUMBER:  AR20080018353 


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 Item 12f (Foreign Service), Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), Item 14 (Military Education), and Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

2.  The applicant states, in effect, that Items 12f and 18 of his DD Form 214 should be corrected to show his service completed in Iraq from 9 August 2006 through 30 October 2007.  He also states that Item 13 should show the Iraq Campaign Medal (ICM), Combat Infantryman Badge (CIB), Army Commendation Medal with 1 oak leaf cluster to signify two awards (ARCOM with 1OLC), Army Achievement Medal (AAM), and the Army Good Conduct Medal (AGCM).  He finally states that Item 14 should reflect his completion of the Javelin, Airborne, and Raven training courses.  The Javelin and Raven are weapons systems.

3.  The applicant provides the following documents in support of his application:  Memorandum for Record, Subject:  Command Deployment Orders, dated 20 July 2006; Headquarters, 82nd Airborne Division Orders 149-10, dated 29 May 2007; document titled “Certified Domestic Records of Regularly Conducted Activity,” dated 21 Aug 2008; Enlisted Record Brief (ERB), dated 18 July 2008; two ARCOM certificates; two DA Forms 638 (Recommendation for Award) of the 


ARCOM; Airborne Course Diploma, dated 26 August 2005; DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel), dated 25 May 2006; and DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he enlisted in the Regular Army and entered active duty on 22 March 2005.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).

2.  The applicant’s ERB shows in Section I (Assignment Information) that the applicant completed an oversea deployment in Iraq from 1 August 2006 to
1 November 2007.  A DA Form 638 also shows that he was awarded the ARCOM for meritorious service during combat operations in support of Operation Iraqi Freedom (OIF) during the period 8 August 2006 to 27 October 2007.

3.  Section VI (Military Education) of the ERB shows that the applicant completed Airborne Training in the year 2005.  Section VIII (Awards and Decorations) shows that the applicant earned the following awards during his active duty tenure:  ARCOM, AGCM, National Defense Service Medal (NDSM), ICM-"CS," Global War on Terrorism Service Medal (GWOTSM), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), CIB, and the Parachutist Badge.

4.  The applicant’s Official Military Personnel File (OMPF) contains Headquarters, 25th Infantry Division, Multi-National Division-North, Permanent Order 298-041D, dated 25 October 2006.  These orders announced the applicant’s award of the CIB.

5.  The OMPF contains an ARCOM certificate which shows the applicant earned this award for meritorious achievement during the period 29 November to 25 December 2006.  It also shows that this ARCOM was announced in Headquarters, 3rd BCT [Brigade Combat Team], 82nd Airborne Division, Permanent Orders Number 018-001, dated 18 January 2007.

6.  There are no orders in the applicant's OMPF that show that he was ever awarded the AGCM or the AAM by the appropriate award authority.  The OMPF also fails to contain any evidence to show that the applicant ever completed Javelin or Raven training.




7.  On 22 August 2008, a Charge Sheet (DD Form 458) was prepared preferring a court-martial charge against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) by being absent without leave (AWOL) from on or about 18 March 2008 to 15 July 2008.

8.  On 28 August 2008, the applicant voluntarily requested discharge for the good of the service, in lieu of trial by court-martial, under the provisions of Chapter 10, 
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).  On
11 September 2008, the separation authority approved the applicant’s request for discharge and directed that he receive an under other than honorable conditions (UOTHC) discharge.

9.  On 23 September 2008, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 10, by reason of “in lieu of trial by court- martial.”  The DD Form 214 he was issued at the time confirms he completed 3 years, 2 months, and 15 days of creditable active military service and that he accrued 87 days of lost time due to AWOL.

10.  Item 12f of the DD Form 214 contains the entry “0000 00 00” and item 13 shows that he earned the following awards:  National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Parachutist Badge.  Item 14 contains the entry “None” and Item 18 does not include any entries to reflect any foreign service completed by the applicant.

11.  The applicant provides two DD Forms 638, dated 18 January and 3 May 2007, which both recommended and approved him for award of the ARCOM.   Item 8 (Previous Awards) of the DA Form 638, dated 18 January 2007, shows that the applicant had no previous awards.  The DA Form 638 issued four months later, dated 3 May 2007, lists the AAM as his only previous award earned at that time.

12.  The applicant provides an ARCOM certificate which shows he received this award for meritorious service in support of OIF during the period 8 August 2006 to 27 October 2007.  It also shows that this award was announced in Headquarters, 3rd Brigade, 82nd Airborne Division, Permanent Orders Number 170-136, dated 19 June 2007.

13.  The applicant provides a copy of a diploma that shows it was awarded to the applicant upon successful completion of the Airborne Course on 26 August 2005.



14.  The applicant provides a DD Form 1610 dated 25 May 2006.  It shows that a request was made for the applicant to attend Raven Training at Redstone Arsenal, Alabama.  Item 17 (Traveling Requesting Official) and Item 20 (Authorizing/Order-Issuing Official) was left blank and not authenticated with the signatures of either these officials.

15.  Army Regulation 635-5 (Separation Documents) prescribes the 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.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.

16.  Paragraph 2-4h(13) of Army Regulation 635-5 states to list awards and decorations for all periods service and paragraph 2-4h(14) states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in Item 14.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.  

17.  The separations document regulation also states that for active duty Soldiers deployed with his or her unit, the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included in Item 18.

18.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 provides guidance on awarding the AGCM.  It states, in pertinent part, that it is awarded for exemplary behavior, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years; however, in the case of the first award, a period of more than 1 year is a qualifying period when it is awarded at the termination of a period of military service.  There is no automatic entitlement to the AGCM.

19.  Paragraph 2-17 of 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 must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days.

20.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

21.  Paragraph 3-18 of Army Regulation 600-8-22 states that the AAM is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.

22.  Paragraph 5-4 of Army Regulation 600-8-22 provides for the award of the OSR.  It 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.  

23.  Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (Flags)) prescribes Army policies and procedures for the suspension of favorable personnel actions.  It states, in pertinent part, that a flag will be initiated immediately when a Soldier's status changes from favorable to unfavorable.  It states that suspension of favorable personnel actions is mandatory when an investigation (formal or informal) is initiated on a Soldier by military or civilian authorities.  It states that a non-transferable flag is required when the adverse action is AWOL.  It further states that a flag properly imposed in accordance with this regulation prohibits specific personnel actions, including awards and decorations.   





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Items 12f, 13, 14, and 18 of his DD Form 214 should be corrected were carefully considered and found to have partial merit.

2.  The evidence of record confirms that the applicant served in Iraq from on or about 1 August 2006 to 1 November 2007, as evidenced by his ERB and the citations included on his ARCOM certificates.  Therefore his claim of foreign service in Iraq from 9 August 2006 to 30 October 2007, is corroborated by the evidence of record.

3.  Based on the applicant’s 1 year, 2 months, and 22 days service performed in Iraq, his DD Form 214 should be corrected to show the entry “0001 02 22” in Item 12f; Item 13 should be corrected to include the ICM with 1 bronze service star and the OSR; and the entry “SERVICE IN IRAQ FROM 20060809 - 20071030” should be added to Item 18.

4.  The evidence of record confirms that the applicant was awarded the CIB and that it was announced in official orders contained in his OMPF.   Accordingly, the CIB should be added to Item 13 of his DD Form 214 at this time.

5.  The evidence of record and supporting documents provided by the applicant confirms he was twice awarded the ARCOM, once for meritorious achievement and a second time for meritorious service.  It further shows that both of these awards were announced in official orders.  Accordingly, Item 13 of the applicant’s DD Form 214 should be corrected to show the ARCOM with 1OLC.

6.  The evidence of record confirms that the applicant completed the Airborne Course in 2005 as evidenced by the entry contained on his ERB, the Airborne Course Diploma provided by the applicant, and his award of the Parachutist 
Badge reflected in Item 13 of his DD Form 214.  Therefore, it would be appropriate to add the entry “Airborne Course, 3 Weeks, 2005” to Item 14 of the applicant’s DD Form 214 at this time.

7.  The evidence of record also shows that when the applicant received his first ARCOM award, he had no previous awards listed.  Upon being recommended for his second ARCOM award, his DA Form 638 issued on 3 May 2007, shows that he had previously received the AAM.  Given that the evidence of record contains no orders or recommendations for the applicant’s award of the AAM, it is reasonable to conclude that the entry “AAM” shown in Item 8 of the applicant’s 


3 May 2007, DA Form 638 and on his ERB were listed in error.  Absent any conclusive evidence to confirm that the applicant was awarded the AAM by the appropriate award authority, there is no basis for adding the AAM to Item 13 of the applicant’s DD Form 214 and this portion of the requested relief should be denied.

8.  The applicant would have been eligible to receive the AGCM for the period
22 May 2005 through 21 March 2008.  However, evidence of record confirms that the applicant accrued 119 days time lost due to being AWOL during the period from 18 March 2008 to 15 July 2008.  As such, the applicant did not exercise exemplary behavior, efficiency, and fidelity during a qualifying period of active duty enlisted service to satisfy the criteria necessary for award of the AGCM.  There is also no evidence of record that shows official orders were published awarding the applicant the AGCM.  Additionally, the applicant, by regulation, should have been flagged beginning from the date of his reported AWOL on
18 March 2008 through his date of subsequent discharge, making him ineligible for any favorable personnel actions, including awards and decorations.  Therefore, it is also concluded that the entry contained in Section VIII of the applicant’s ERB appears to be in error.  Lacking any evidence to confirm that the applicant satisfied the regulatory criteria necessary for the award of the AGCM, this portion of requested relief should also be denied.

9.  There is no evidence of record to corroborate the applicant’s claim that he attended and successfully completed the  Javelin and Raven training courses.  However, in any case, they are combat arms courses and are not authorized for entry on the DD Form 214.  Therefore, it would not be appropriate to add these courses to Item 14 of his separation document.

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.  deleting from Item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "001 02 22”;
   
   b.  adding to Item 13 of his DD Form 214 the Combat Infantryman Badge, Iraq Campaign Medal with 1 bronze service star, and the Army Commendation Medal with 1 oak leaf cluster;
   
   c.  deleting from Item 14 of his DD Form 214 the entry "NONE//NOTHING FOLLOWS" and replacing it with the entry “Airborne Course, 3 Weeks, 2005”; and 
   
   d.  adding to Item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20060809 - 20071030”; and
   
   e.  issuing the applicant a correction to his separation document to reflect 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 the Army Achievement Medal, Army Good Conduct Medal, and the Javelin and Raven Training Courses 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)                                         AR20080018353



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ABCMR Record of Proceedings (cont)                                         AR20080018353



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