IN THE CASE OF:	

		BOARD DATE:	        22 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090006485 


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 the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 March 2009 be changed to show the entries listed below:

   a.  Item 12a (Date Entered Active Duty This Period) -  2008 03 08 (8 March 2008);

   b.  Item 12f (Foreign Service) - 2 years, 7 months, and 29 days; 

   c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) - Noncommissioned Officer Professional Development Ribbon (NCOPDR);

   d.  Item 14 (Military Education) - Basic Airborne, 3 Weeks, November 1985 
and the Warrior Leader Course, Class 006-07, 2 Weeks, March 2007; 

   e.  Item 18 (Remarks) - "ORDERED TO ACTIVE DUTY IN SUPPORT OF 
Operation Iraqi Freedom (OIF)"; and

   f.  Item 19b (Nearest Relative) - "C_ _ TRNEY B_ _ _."

2.  The applicant states that his DD Form 214 was prepared incorrectly and he has provided documents to prove his case.  


3.  The applicant provides a copy of his deployment orders, dated 21 February 2008 and 28 April 2008; separation orders, dated 10 March 2009; two DD Forms 214, for the periods ending 14 April 1988 and 30 March 2009; and his DA Form 1059 (Service School Academic Evaluation Report), dated 18 March 2007, in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 10 July 1985 to 14 April 1988.  On the following day, he was transferred to the U.S. Army Reserve Control Group (Reinforcement) and he continued to serve in the Reserve component.  Item 14 on his DD Form 214 for the period ending 14 April 1988 shows he completed the Basic Airborne Course in November 1985.  

2.  The applicant's DA Form 1059 shows he completed the Warrior Leader Course, Class 006-07 on 18 March 2007.

3.  Department of the Army, 88th Regional Readiness Command, Fort Snelling, MN, Orders 08-052-00160, dated 21 February 2008, show the applicant was ordered to active duty on 8 March 2008 for deployment in support of OIF.

4.  Department of the Army, Camp Shelby Joint Forces Training Center, Orders 119-526, dated 28 April 2008, show he was attached to Kuwait on 2 May 2008 in support of OIF.  

5.  The applicant was released from active duty, on 30 March 2009, and he was transferred back to the 88th Regional Readiness Command on the following day.  His DD Form 214 for the period ending 30 March 2009 shows he completed 1 year and 23 days active military service during this period.  

6.  The applicant's DD Form 214 for the period ending 30 March 2009 shows the following entries:

a. Item 12a - "2009 03 08";

b. Item 12f - "0000 10 05";

c. Item 14 - "NONE//NOTHING FOLLOWS";

d. Item 18 - "ORDERED TO ACTIVE DUTY IN SUPPORT OF Operation 
Enduring Freedom (OEF) IAW 10 USC 12302";

e. Item 18 - "SERVICE IN KUWAIT 20080505-20090307"; and 
f. Item 19b - "C_ _ RNEY B_ _ _."

7.  Item 13 of his DD Form 214 for the period ending 30 March 2009 does not show entitlement to the NCOPDR.

8.  The applicant's service records contain a DD Form 93 (Record of Emergency Data) and a Servicemembers' Group Life Insurance (SGLV) Election and Certificate which show his spouse's first name as "C_ _ _TNEY B_ _ _."

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or 
discharge.  The following provides detailed instructions for completing the blocks of the DD Form 214:

a.  .  Item 12a - Enter the beginning date of the continuous period of active 
duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  

   b.  Item 12f - From the Enlisted Record Brief (ERB)/Officer Record Brief (ORB)), enter the total amount of foreign service completed during the period covered in block c.   

   c.  Item 13 - List all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards), as verified by the Soldier’s records.

   d.  Item 14 - From ERB/ORB list formal in-service training courses successfully completed during the period of service covered by the DD Form 214, to include the title, length in weeks, and year completed.  

   e.  Item 18 - For a Reserve Soldier ordered to active duty and deployed to a foreign country, the period of active service will be reported in item 18 of the DD Form 214 with the statements:  

      	(1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)";
      
      	(2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD)"; 
      
			(3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

   f.  Item 19b - When the person is at the same address as 19a, enter "(NAME) and ADDRESS SAME AS Item 19a."

10.  Army Regulation 600-8-22 shows that the NCOPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.

DISCUSSION AND CONCLUSIONS:

1.  Orders published by 88th Regional Readiness Command ordered the applicant to active duty effective 8 March 2008.  He was released from active duty on 30 March 2009.  However, his DD Form 214 for the period ending 30 March 2009 erroneously reflects he entered active duty this period on 8 March 2009.  Therefore, it would be appropriate to amend item 12a on the applicant's DD Form 214 for the period ending 30 March 2009 to show he entered active duty on 8 March 2008 instead of 8 March 2009.

2.  The applicant's DD Form 214 for the period ending 30 March 2009 shows that he served in Kuwait from 5 May 2008 to 7 March 2009.  This is a period of 10 months and 5 days which is properly recorded in item 12f.  There is no evidence which indicates he served any additional foreign service during the period covered by this DD Form 214.  Therefore, there is insufficient evidence on which to base correction of 12f of his DD Form 214 for the period ending 30 March 2009 to show 2 years, 7 months, and 29 days of foreign service.  

3.  The evidence of record shows the applicant successfully completed the Warrior Leader Course in March 2007.  Therefore, he is eligible for award of the NCOPDR and correction of item 13 of his DD Form 214 ending 30 March 2009 to show award of the NCOPDR.

4.  The applicant completed the basic airborne course in November 1985, which is properly reflected on his DD Form 214 for the period ending 14 April 1988, and he completed the Warrior Leader Course in March 2007.  Since the applicant did not complete these courses during the period of service covered by his DD Form 214 for the period ending 30 March 2009, they are not authorized to be entered in item 14 of this DD Form 214.  

5.  Orders show the applicant was deployed to Kuwait in support of OIF.  However, his DD Form 214 for the period ending 30 March 2009 erroneously reflects he was ordered to active duty in support of OEF.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 for the period ending 30 March 2009 to show the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OIF IAW 10 USC 12302."

6.  The applicant's DD Form 214 for the period ending 30 March 2009 shows his nearest relative, which is his spouse, as "C_ _ RNEY B_ _ _."  However, his Record of Emergency Data and his SGLV Election and Certificate confirm that the spelling should be "C_ _ _ TNEY B_ _ _."  Therefore, it would be appropriate to amend item 19b of his DD Form 214 for the period ending 30 March 2009 to show the correct spelling of the applicant's nearest relative as "C_ _ _ TNEY 
B_ _ _."  

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 the DD Form 214 for the period ending 30 March 2009 of the individual concerned be corrected by:

	a.  deleting the entry "2009 03 08" from item 12a and replacing it with the entry "2008 03 08";

	b.  adding to item 13 the NCOPDR;

	c.  deleting the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OEF IAW 10 USC 12302"  from item 18 and replacing it with the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OIF IAW 10 USC 12302"; and 

	d.  deleting the entry "C_ _ RNEY B_ _ _" from item 19b and replacing it with the entry "C_ _ _ TNEY B_ _ _."  
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 amending item 12f and item 14 on his DD Form 214 for the period ending 30 March 2009.




      _______ _   XXX_______   ___
       	   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)                                         AR20090006485



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ABCMR Record of Proceedings (cont)                                         AR20090006485



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