IN THE CASE OF:	  

		BOARD DATE:	  25 June 2009

		DOCKET NUMBER:  AR20090003588 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of service ending on 
27 November 2008 to show award of the Army Good Conduct Medal.  He also requests that his record be corrected to show he completed the Warrior Leader Course.

2.  The applicant states that he was awarded the Army Good Conduct Medal and had completed the Warrior Leader Course; however, they were not entered on his DD Form 214. 

3.  The applicant provides, in support of his application, a copy of his DD Form 214.  He also indicates that he attached copies of his award orders and DA Form 1059 (Service School Academic Evaluation Report) but they are not attached to his application. 

CONSIDERATION OF EVIDENCE:

1.  On 7 October 1980, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 19K (Armor Crewman).  He served for a period of 3 years and was released from active duty on 6 October 1983.




2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, for his period of service ending on 
6 October 1983, lists his awards as the Army Achievement Medal with two oak leaf clusters, Army Service Ribbon, Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Pistol Bar.  

3.  On 1 October 2003, the applicant was ordered to active duty as a member of the New York Army National Guard in support of Operation Iraqi Freedom.  He served in Kuwait/Iraq from 26 February 2004 to 31 December 2004 with the 2nd Battalion, 108th Infantry Regiment.

4.  Permanent Orders 104-015, Multi-National Force-Iraq, dated 14 April 2005, awarded Task Force, 2nd Battalion, 108th Infantry Regiment, the Meritorious Unit Commendation for exceptionally meritorious service during ground combat operations against enemy forces in Ad Dujayl, Iraq, during the period from 
15 February to 26 December 2004.  This order is filed in the applicant's Official Military Personnel File (OMPF).

5.  Permanent Orders 142-551, State of New York, dated 22 May 2005, awarded the applicant the Army Good Conduct Medal for the period from 1 October 2003 to 3 February 2005.  This order is also filed in the applicant's OMPF.

6.  On 3 February 2005, the applicant was released from active duty.  He had completed 1 year, 4 months, and 3 days of creditable active duty during this period of service. 

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, for his period of service ending on 
3 February 2005, lists his awards as the Army Achievement Medal (three awards), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Overseas Service Ribbon, and the Combat Infantryman Badge.  

8.  The applicant's OMPF contains a Department of the Army certificate showing that Permanent Orders 333-2, 27th Brigade Combat Team, dated 29 November 2006, awarded him the Army Commendation Medal for extraordinary service in ground combat operations in support of Operation Iraqi Freedom II.

9.  During the period from 27 January to 10 February 2007, the applicant attended and successfully completed the Warrior Leader Course.  He was not on active duty during this period.  

10.  On 27 September 2007, the applicant was ordered to active duty as a member of the New York Army National Guard, in support of Operation Enduring Freedom.  He served in Afghanistan from 22 December 2007 to 23 September 2008.

11.  On 27 November 2008, the applicant was released from active duty.  He had completed 1 year, 2 months, and 1 day of creditable active duty during this period of service. 

12.  Item 13 of his DD Form 214, for his period of service ending on
27 November 2008, lists his awards as the Afghanistan Campaign Medal with bronze service star, Army Achievement Medal (four awards), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon (three awards), Armed Forces Reserve Medal with "M" Device (two awards), North Atlantic Treaty Organization Medal, and the Combat Infantryman Badge.  

13.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also provides, in pertinent part, that all decorations, service medals, campaign credit, and badges awarded or authorized, are to be entered in Item 13.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period of service ending on 27 November 2008 should be corrected to show the Warrior Leader Course and the Army Good Conduct Medal.

2.  The evidence clearly shows that the applicant was not on active duty during the time he attended and successfully completed the Warrior Leader Course.  Therefore, it should not be entered on his DD Form 214 for his period of service ending on 27 November 2008.

3.  Permanent orders awarded the applicant’s unit the Meritorious Unit Commendation and he was awarded the Army Good Conduct Medal.  Accordingly, these awards should be shown on his DD Form 214 for his period of service ending on 27 November 2008.

4.  Records show that the applicant was awarded the Army Commendation Medal.  Therefore, this award should be shown on his DD Form 214 for his period of service ending on 27 November 2008.

5.  The applicant's DD Form 214 ending 6 October 1983 shows that he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, it should also be shown on his latest DD Form 214 for his period of service ending on 27 November 2008. 

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 in addition to the awards shown on his DD Form 214, ending on 
27 November 2008, his authorized awards include the Army Commendation Medal, Army Good Conduct Medal, Meritorious Unit Commendation, and the Expert Marksmanship Qualification Badge with Pistol Bar.  

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 Warrior Leader 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)                                         AR20090003588



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ABCMR Record of Proceedings (cont)                                         AR20090003588



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