IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090002742 


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 the Army Commendation Medal (ARCOM) with 3rd Oak Leaf Cluster with "V" Device; to document his deployed service in Iraq; to amend the dates of his service in Afghanistan to read 15 April 2005 through 14 April 2006; and to document his completion of the basic airborne, 13F (Fire Support Specialist), and Joint Fires Observers courses.

2.  The applicant states, in effect, that the date of his deployed service in Afghanistan in support of Operation Enduring Freedom listed in item 18 (Remarks) of his DD Form 214 is incorrect and his deployed service in Iraq in support of Operation Iraqi Freedom (OIF) was not included in item 18.  He also claims that two additional awards of the ARCOM should be included in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and that the 13F, basic airborne, and Joint Fires Observers courses should be added to item 14 (Military Education) of his DD Form 214.

3.  The applicant provides the following documents in support of his application:  DD Form 214, Soldier deployment history out-processing report, ARCOM certificates, and course completion certificates (diplomas) for the aforementioned courses.


CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army and entered active duty on 1 July 2004.  He was trained in and awarded military occupational specialty (MOS) 13F (Fire Support Specialist).  He served on active duty for 4 years, 3 months, and 23 days until being honorably released from active duty in the rank of sergeant on 23 October 2008.

2.  The DD Form 214 issued to the applicant on 23 October 2008 contains an entry in item 12f (Foreign Service) which indicates he completed 11 months and 8 days of overseas service during the period covered by the DD Form 214.  Item 13 shows he earned the following awards during his tenure on active duty:  Royal Danish Parachutist Badge, ARCOM with "V" Device, ARCOM, Army Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization Medal, Combat Action Badge, Parachutist Badge, and Royal British Parachutist Wings.  Item 18 contains an entry showing he served in Afghanistan from 10 April 2005 through 17 March 2006.

3.  The applicant's official military personnel file (OMPF) contains certificates that show he earned the following awards for the periods and reasons indicated:  ARCOM for meritorious service from 5 December 2004 through 23 October 2008, ARCOM with "V" Device for valor in Afghanistan on 29 October 2005, and ARCOM for meritorious service in Iraq from 5 June 2007 through 25 July 2008.  These certificates confirm that these awards were authorized and announced in permanent orders issued by Headquarters, 1st Brigade Combat Team, 82nd Airborne Division.

4.  A review of the Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile fire pay/imminent danger pay for Afghanistan during the period 10 April 2005 through 17 March 2006 and for Kuwait from 1 June 2007 through 31 July 2008, and that his actual dates of service during this period were from 7 June 2007 through 17 July 2008.

5.  The applicant provides a Soldier deployment history out-processing report, dated 25 September 2008, which confirms he was deployed with his unit from 15 April 2005 through 14 April 2006 and again from 5 June 2007 through 21 July 2008.

6.  The applicant also provides a certificate that shows he was awarded the ARCOM for meritorious achievement during the period 23 April 2008 through 24 April 2008.

7.  In addition, the applicant provides certificates of training that show he successfully completed the following courses at the locations indicated during the month and year listed:  13F, Fort Sill, Oklahoma, October 2004; Airborne Course, Fort Benning, Georgia, November 2004; and Joint Fires Observer Course, Fort Sill, Oklahoma, January 2007.

8.  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 preparation instructions for the DD Form 214.  The instructions for item 13 state, in pertinent part, to list all awards and decorations for all periods of service.  The instructions for Item 14 state to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  The instructions for item 18 state, in pertinent part, that for active duty Soldiers deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that the ICM is authorized to members who have served in direct support of OIF during the period from 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star shall be worn on the suspension and campaign ribbon of the ICM for each Iraq campaign they were credited with participating in.  Approved designated ICM campaigns are the Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

10.  Army Regulation 600-8-22, paragraph 2-16, contains guidance on the Afghanistan Campaign Medal.  It states, in pertinent part, that the Afghanistan Campaign Medal is authorized to members who have served in direct support of Operation Enduring Freedom on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A bronze service star shall be worn on the suspension and campaign ribbon of the Afghanistan Campaign Medal for each Afghanistan campaign they were credited with participating in.  Approved designated Afghanistan campaigns are the Liberation of Afghanistan from 11 September 2001 through 30 November 2001, Consolidation I from 1 December 2001 through 30 September 2006, and Consolidation II from 1 October 2006 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his dates of service in Afghanistan listed in item 18 of his DD Form 214 are incorrect and that his service in Iraq should also be documented in item 18 was carefully considered and found to have merit.  The Soldier deployment history out-processing report that shows the applicant served in Afghanistan from 15 April 2005 through 14 April 2006 and in Iraq from 5 June 2007 through 21 July 2008 is accepted as sufficient as a basis for amending his DD Form 214 to show these dates of deployment.  Therefore, item 18 should be corrected accordingly.

2.  By regulation, all foreign service completed will be entered in item 12f of the DD Form 214.  Therefore, it would be also be appropriate to correct item 12f of his DD Form 214 by deleting the current entry and replacing it with "0002  01  17."

3.  The applicant's contention that item 13 of his DD Form 214 should reflect four awards of the ARCOM was also carefully considered and found to have merit.  The evidence of record confirms the applicant received four awards of the ARCOM, one of which was awarded with the "V" Device, as evidenced by award certificates on file in his OMPF which confirm these awards were authorized and announced in official orders.  Therefore, it would be appropriate to correct item 13 by deleting the current ARCOM entries and replacing them with the entry ARCOM with 3rd Oak Leaf Cluster (4th Award) with "V" Device.

4.  Furthermore, based on the applicant's service and campaign participation in Afghanistan and Iraq it would also be appropriate to add the Afghanistan Campaign Medal with two bronze service stars and the ICM with one bronze service star to item 13 of his DD Form 214.

5.  The applicant's contention that item 14 of his DD Form 214 should be corrected by documenting his completion of the 13F (Fire Support Specialist), basic airborne, and Joint Fires Observer courses was carefully considered and determined to have partial merit.  By regulation, combat skills courses are not entered on the DD Form 214.  

6.  An argument can be made that skills learned during the 3-week airborne course can have a civilian application (performing or teaching recreational skydiving and 

employment as a U.S. Forest Service firefighter, for examples).  However, there does not appear to be a convincing argument as to a civilian skills applicability of the Fire Support Specialist and Joint Fires Observer courses.  

7.  Therefore, it would be appropriate to enter the Airborne Course on the applicant’s DD Form 214, but not the other two courses.

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 amending his DD Form 214 for the period ending 23 October 2008 as follows:

	a.  item 12f - delete the current entry and replace it with the entry "0002  01  17";

	b.  item 13 - delete the current Army Commendation Medal entries and replace them with the entry "Army Commendation Medal with 3rd Oak Leaf Cluster (4th Award) with "V" Device" and add the entry "Afghanistan Campaign Medal with two bronze service stars and the Iraq Campaign Medal with one bronze service star"; 

	c.  item 18 - delete the current Afghanistan entry and replace it with the entry "SERVICE IN AFGHANISTAN FROM 20050415-20060414" and add the entry "SERVICE IN IRAQ FROM 20070605-20080721"; and

	d.  item 14 – adding the 3-week Airborne Course completed in November 2004.

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 13F (Fire Support Specialist) and Joint Fires Observer Course 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)                                         AR20090002742



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ABCMR Record of Proceedings (cont)                                         AR20090002742



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