IN THE CASE OF:	  

		BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090005898 


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 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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD form 214 should include the National Defense Service Medal (NDSM) and Driver's Badge and that he requests the Iraq Campaign Medal (ICM) be listed instead of the Global War on Terrorism Expeditionary Medal (GWOTEM).  He also states that item 14 (Military Education) of his DD Form 214 should show he completed the Unit Armor and Combat Lifesaver courses, and item 18 (Remarks) should document his deployments to the National Training Center (NTC), Fort Irwin, California, and to Hurricane Katrina.

3.  The applicant provides a DD Form 214, ATSC Form 157 (Army Institute for Professional Development), and certificates of training in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he enlisted in the Regular Army and entered active duty on 16 April 2002.  He was trained in, awarded, and served in military occupational specialty (MOS) 88M (Motor Transport Operator).


2.  There are no orders or any other documents on file in the applicant's Official Military Personnel File (OMPF) that show he was ever awarded or met the qualifications to be awarded the Driver and Mechanic Badge. 

3.  On 12 May 2006, the applicant was honorably discharged from active duty after completing 4 years and 27 days of creditable service.  Item 13 of the 
DD Form 214 he was issued at that time show that he earned the following awards:  Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), GWOTEM, Global War on Terrorism Service Medal (GWOTSM), Humanitarian Service Medal (HSM), and Army Service Ribbon (ASR).  Item 14 contains the entry "None" and item 18 contains the entry "SERVICE IN IRAQ FROM 20040309 TO 20050501", which documents his deployed foreign service. 

4.  The applicant provides an ATSC Form 157 and a certificate of training which show he completed the 40 hour Combat Lifesavers Course on 3 October 2004.  He also provides a certificate of training which shows he completed the 80 hour Unit Armor Course on 25 November 2003.

5.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents which 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.  

6.  Paragraph 2-4h(14) of the separation documents regulation provides instructions for completing item 14 of the DD Form 214.  It 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 entered in this item.  It further states this information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. 

7.  Paragraph 2-4h(18)(f) of the separations documents regulation specifies, in pertinent part, that deployment entries for item 18 for active duty Soldiers will include unit deployments to a foreign country and include the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  There are no provisions for adding training courses completed in preparation for deployment.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-10 provides guidance for the NDSM and states, in pertinent part, that it is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995, and any period between 11 September 2001 to a date to be determined.  A service star will be worn to signify receipt of a second or subsequent award of the NDSM.
9.  Paragraph 2-17 of the awards regulation contains guidance on the ICM and states, in pertinent part, that it is authorized for service in Iraq from 19 March 2003, to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A campaign star is authorized with this award for each Iraq campaign a member is credited with participating in.  During the applicant's tenure of assignment, participation credit was granted for the Transition of Iraq (2 May 2003-28 June 2004) and Iraq Governance (29 June 2004 - 15 December 2005) campaigns.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

10.  Paragraph 8-31 of the awards regulation contains guidance on award of the Driver and Mechanic Badge.  It states, in pertinent part, that to receive this award an individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and must Perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the NDSM should be added to item 13 of his 
DD Form 214 and his request to list the ICM in lieu of the GWOTEM in item 13 of his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant completed a qualifying period for the NDSM and that he has the option to be awarded the ICM in lieu of the GWOTEM.  Therefore, it would be appropriate to amend item 13 of his DD Form 214 by adding the NDSM and ICM with 3 campaign stars, and by deleting the GWOTEM.

2.  The applicant's contention that item 14 of his DD Form 214 should be corrected to show his completion of the Unit Armor and Combat Lifesaver's course was also carefully considered.  However, by regulation, all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in item 14 with the exception of combat skills courses.  It appears these courses were omitted because they were determined to be combat skill courses at the time his
DD Form 214 was prepared and issued and this appears to be a correct interpretation that was in compliance with the regulatory guidance.  
3.  However, since the applicant’s records would not be compromised and it would serve the interest of equity to honor his request to document Combat Lifesaver and Unit Armor courses on his DD Form 214, it would be appropriate to add these courses to item 14 of his DD form 214 at this time.  

4.  The applicant's contention that Driver and Mechanic Badge should be added to item 13, was also carefully considered.  However, there is no evidence of record and the applicant has failed to provide independent evidence that shows he was ever recommended for or met the regulatory requirements to be awarded the Driver and Mechanic Badge.  As a result, there is an insufficient evidentiary basis to add this award to item 13 at this time.  

5.  Further, the applicant request that his deployments to the NTC, Fort Irwin and in support of Hurricane Katrina be added to item 18 was also considered.  However, by regulation, only deployed service in a foreign country is authorized to be documented in item 18.  There are no provisions for adding entries pertaining to pre-deployment training or to humanitarian missions within the United States to item 18.  Therefore, there is also an insufficient evidentiary basis to support granting this portion of the requested relief. 

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 item 13 of his DD Form 214 by deleting the "Global War on Terrorism Expeditionary Medal" and adding the National Defense Service Medal and Iraq Campaign Medal with 3 campaign stars; by adding the entries "Unit Armor Course, 2 weeks, 2003" and "Combat Lifesaver Course, 1 week, 2004" to item 14; and by providing him a correction to his DD Form 214 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 the Driver and Mechanic Badge to item 13 and the National Training Center, Fort Irwin, California and Hurricane Katrina to item 18.




      _______ _   __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)                                         AR20090005898



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ABCMR Record of Proceedings (cont)                                         AR20090005898


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