BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090004206 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all his awards and decorations including those he is entitled to for his service in Iraq and Korea.  He also requests that his military education be added to his DD Form 214.

2.  The applicant states, in effect, that his DD Form 214 with a separation date of 30 November 2004 is incorrect for it does not show all the awards and decorations that he earned or the military education that he completed while on active duty.  

3.  The applicant provides the following documents in support of his application:

	a.  DD Form 214, with a separation date of 30 November 2003;

	b.  three permanent award orders;

	c.  two unit certificates of achievement or appreciation;

	d.  two Department of the Army training certificates; and

	e.  a copy of permanent change of station orders directing the applicant to report to Korea.



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the state of South Dakota Army National Guard on 14 April 1998 for an 8-year period of service.

3.  On 15 July 1999, the applicant enlisted in the Regular Army.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).

4.  On or about 22 April 2001, the applicant was awarded the Army Achievement Medal with the publication of Permanent Order Number 121-34, by Headquarters, 124th Signal Battalion. 

5.  On or about 10 January 2002, the applicant complied with Permanent Order Number L197-38, dated 16 July 2001, published by Headquarters, III Corps, Fort Hood, TX whereby he was ordered to proceed on permanent change of station orders to the 1st Adjutant General Detachment at Camp Coiner in the Republic of Korea.

6.  On 10 December 2002, the applicant was awarded the Army Achievement Medal, in effect, the Army Achievement Medal with First Oak Leaf Cluster, with the publication of Permanent Order Number 344-14 by Headquarters, 4th Squadron, 7th Cavalry located at Camp Garry Owen in the Republic of Korea.  The period of service for this award was from 6 January 2002 to 6 January 2003.

7.  On 24 July 2003, the applicant was awarded the Army Commendation Medal with the publication of Permanent Order Number 205-14 by Headquarters, 3rd Armored Cavalry Regiment. 


8.  On 30 November 2003, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His records show that he completed 4 years, 4 months, and 16 days of active duty and that he was involuntarily extended beyond his expiration of term of service for the convenience of the government.   

9.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served for 1 year, 4 months, and 1 day.  Item 18 (Remarks) shows he was in Kuwait from 12 April 2003 to 19 April 2003 and then from 6 August 2003 to 13 August 2003.  He was in Iraq from 19 April 2003 to 6 August 2003.  The record shows his inclusive dates of service in an imminent danger pay area for contingency operations in Kuwait and Iraq were from 12 April 2003 through 12 August 2003.

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Army Good Conduct Medal, the National Defense Service Medal. the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

11.  Item 14 (Military Education) of the applicant's DD Form 214 shows he completed the 23-week Light Wheel Vehicle Mechanic Course in September 1999. 

12.  The applicant's DA Form 2-1 (Personnel Qualification Record), item 5 (Overseas Service), shows he served in Korea from 7 January 2002 to an unknown date.  Item 17 (Civilian Education and Military Schools) shows he completed his MOS school in November 1999 and that the course duration was 23 weeks. 

13.  The applicant submitted one training certificate that shows he completed a one week fuel handler course on 22 September 2000.  The second certificate of completion, dated 15 December 2002, shows that he completed Anti-Terrorism Level 1 Awareness Training.  The length of the course is not shown on the certificate or noted in the applicant's record. 

14.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Service members must 


be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days or be on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined.  Only one award of the GWOTSM is authorized; therefore, second and subsequent awards will not be awarded.  Permanent orders are not required.

15.  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 or meet one of the following criteria:  

   a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; 
   
   b.  is wounded or injured and requires medical evacuation from the area of eligibility; or 
   
   c.  while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as 1 day of eligibility.
   
16.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign.  Military Personnel Message Number 08-123 issued by Headquarters, Department of the Army, defines the criteria for award of bronze service stars to be affixed to the Iraq Campaign Medal.  The first campaign service star is for the Liberation of Iraq during the period 19 March 2003 to 1 May 2003.  The second bronze service star is for the Transition of Iraq during the period 2 May 2003 to 28 June 2004.

17.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.



18.  Army Regulation 600-8-22 shows the Secretary of the Army established the Overseas Service Ribbon on 10 April 1981.  This regulation 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

19.  Army Regulation 600-8-22 shows the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  The area of eligibility encompasses all land areas of the Republic of Korea, its contiguous waters out to 12 nautical miles, and all air spaces above the land and water area.

20.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum, which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  The DD Form 214 alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of the award(s) or decoration(s) will be the order, letter, or memorandum that awarded the decoration.

21.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that military education should be entered on the separation document from entries on the Enlisted Record Brief.  Military schools identified through official sources as formal in-service or full-time attendance successfully completed during the period of service covered by the DD Form 214, will be entered on the DD Form 214.  Entries should include the course title, course length in weeks and the year the course was completed.  Training courses for combat skills will not be listed as the Soldier's military education is noted to assist the Soldier in civilian job placement. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all awards and decorations that he is eligible to receive to include those he is entitled to for his service in Iraq and Korea.  He also contends that his DD Form 214 should be corrected to include all the military schools he attended.

2.  Based on the publication of permanent orders, the applicant is entitled to have his DD Form 214 corrected to show award of the Army Commendation Medal and the Army Achievement Medal with Oak Leaf Cluster. 

3.  Based on the applicant's documented service in Iraq from 19 April 2003 to 6 August 2003, he is entitled to have his record corrected to show he is entitled to the Iraq Campaign Medal.  He is also authorized two bronze service stars for the Liberation of Iraq (19 March 2003 to 1 May 2003) and the Transition of Iraq (2 May 2003 to 28 June 2004).  Therefore, he is entitled to have his DD Form 214 corrected to show the Iraq Campaign Medal with two bronze service stars.

4.  Based on the applicant's active duty service in the Armed Forces from 11 September 2001 to his date of release on 30 November 2003, he is entitled to have his DD Form 214 corrected to show the GWOTSM.

5.  Based on the applicant's successful completion of an overseas service tour in the Republic of Korea, as shown by initial permanent change of station orders and his end of tour award, he is entitled to have his record corrected to show award of the Overseas Service Ribbon. 

6.  The applicant served in the Republic of Korea during the period 7 January 2002 to on or about 3 January 2003.  Therefore, he is entitled to have his record corrected to show award of the Korea Defense Service Medal.

7.  The applicant successfully completed 40 hours of instruction as a fuel handler.  Therefore, he is entitled to have his record corrected to show the "Fuel Handler Course, 1 week, SEP 2000."

8.  The applicant submitted a second certificate that shows he completed a training course for Anti-Terrorism Level 1 Awareness Training.  However, this course appears to be the on-line training course periodically required of all Army employees.  In the absence of evidence to show it was a formal in-service course of instruction, and for how long, there is insufficient evidence on which to show it is authorized for entry on 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 amending the applicant's DD Form 214 with a separation date of 30 November 2003 to show the following corrections:

	a.  adding the "Fuel Handler Course, 1 week, SEP 2000" in item 14;

   b.  adding to item 13 the Army Commendation Medal, the Army Achievement Medal with Oak Leaf Cluster, the Global War on Terrorism Service Medal, the Korea Defense Service Medal, the Overseas Service Ribbon, and the Iraqi Campaign Medal with two bronze service stars.

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 including Anti-Terrorism Level 1 Awareness Training on 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)                                         AR20090004206



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ABCMR Record of Proceedings (cont)                                         AR20090004206



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