IN THE CASE OF:	

		BOARD DATE:	 8 December 2009 

		DOCKET NUMBER:  AR20090006871 


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 show the award of the Army Achievement Medal, the Good Conduct Medal, the Combat Infantryman Badge, the North Atlantic Treaty Organization (NATO) Medal, the Kosovo Campaign Medal, and the Driver and Mechanic Badge with "Driver-W" (for wheeled vehicles) Bar.  He also requests that his DD Form 214 be corrected to show that he completed infantry training and a 76-hour, military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman) One-Station Unit Training (OSUT) Basic Bradley [Fighting Vehicle] Transition Course.  He further requests that his dates of deployment be added to his DD Form 214.

2.  The applicant essentially states that his DD Form 214 is simply missing data, that he would like a DD Form 214 containing all of his awards and information, and that having a fully completed DD Form 214 would be beneficial.

3.  The applicant provides his DD Form 214; orders, dated 3 May 2003, with an attached roster which in part awarded him the Combat Infantryman Badge; orders, dated 16 December 2002, with an attached roster which deployed him to Kuwait; a memorandum, dated 26 March 2002, with an attached undated memorandum, which authorized him the NATO Medal and the Kosovo Campaign Medal; a certificate awarding him the NATO Medal; a memorandum for record, dated 12 March 2002,  which attempted to award him the Driver and Mechanic Badge with "Driver-W" Bar; orders, dated 5 September 2003, which awarded him the Good Conduct Medal; a certificate awarding him the Army Achievement Medal; a diploma, dated 8 September 2000; showing that he completed individual infantry training; and a certificate of training showing that he completed a 76-Hour, MOS 11M OSUT Bradley Transition Course in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records, although somewhat incomplete, show that he enlisted in the Regular Army on 26 May 2000.  He completed initial entry training and was awarded MOS 11B (Infantryman).  An inquiry to the Defense Finance and Accounting Service confirmed that the applicant deployed to Macedonia from 26 October 2001 to 7 May 2002 and to Kuwait from 8 January 2003 to 19 July 2003.  On 30 November 2003, he was honorably released from active duty.  His DD Form 214 shows that he was awarded the National Defense Service Medal and the Army Service Ribbon.  He was honorably discharged from the United States Army Reserve on 20 May 2008.

2.  The applicant's DD Form 214 does not show that he was awarded the Army Achievement Medal, the Good Conduct Medal, or the Combat Infantryman Badge, but the applicant provided a properly-constituted certificate showing that he was awarded the Army Achievement Medal for the period 30 September 2002 to 29 October 2002.  He also provided orders which awarded him the Good Conduct Medal and the Combat Infantryman Badge.

3.  The applicant's DD Form 214 also does not show that he was awarded the NATO Medal or the Kosovo Campaign Medal, but he provided evidence which shows that he is authorized award of both of these medals.  He also provided a certificate which awarded him the NATO Medal.

4.  The applicant's DD Form 214 does not show that he was awarded the Driver and Mechanic Badge with "Driver-W" Bar.  The applicant provided a memorandum, dated 12 March 2002, which attempted to award him the Driver and Mechanic Badge with "Driver-W" Bar, but this document is not authenticated with a signature.  There are also no orders in the applicant's military records which officially awarded him the Driver and Mechanic Badge with "Driver-W" Bar, which is required by regulation.  

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain entries showing that he deployed to Macedonia or Kuwait, but he deployed to Macedonia from 26 October 2001 to 7 May 2002 and to Kuwait/Iraq from 8 January 2003 to 19 July 2003.  As a result of this service, he is also entitled to award of the Global War on Terrorism (GWOTEM) and the Iraq Campaign Medal with two bronze service stars.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge.  To receive award, the 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.
Permanent awards of badges, except basic marksmanship qualification badges, identification badges, and the Physical Fitness Badge will be announced in permanent orders.

8.  Army Regulation 600-8-22 also provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

9.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

10.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas 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; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates 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 one day of eligibility].  This campaign medal may be awarded posthumously.

11.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  It states, in pertinent part, that formal in service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed will be entered on the DD Form 214.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

12.  Army Regulation 635-5 also provides, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.  However, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)";

	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"; and

	c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

13.  This same regulation further provides, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f  (Foreign Service) of this document.

14.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

15.  Paragraph 3.1.2.3 of Department of Defense Instruction 1336.1 (Certificate of Release or Discharge from Active Duty [DD Form 214/5 Series]), states that the DD Form 214, once issued, will not be reissued except when two DD Forms 
215 (Correction to DD Form 214) have been issued and an additional correction is required.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Army Achievement Medal, the Good Conduct Medal, the Combat Infantryman Badge, the NATO Medal, the Kosovo Campaign Medal, and the Driver and Mechanic Badge with "Driver-W" Bar.  He also contends that his 
DD Form 214 should be corrected to show that he completed infantry training and a 76-hour, MOS 11M OSUT Basic Bradley Transition Course and his dates of deployment.

2.  The applicant provided evidence which clearly shows that he was awarded the Army Achievement Medal, the Good Conduct Medal, and the Combat Infantryman Badge, but there are no entries on his DD Form 214 for these awards and badge.  Therefore, it would be appropriate at this time to correct his 
DD Form 214 to show the award of the Army Achievement Medal, the Good Conduct Medal, and the Combat Infantryman Badge.

3.  The applicant also provided evidence which shows that he is authorized the NATO Medal and the Kosovo Campaign Medal, but neither of these medals are listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the NATO Medal and the Kosovo Campaign Medal.

4.  While the applicant provided a memorandum which apparently attempted to award him the Driver and Mechanic Badge with "Driver-W" Bar, this memorandum is not authenticated with a signature.  Additionally, all awards of the Driver and Mechanic Badge must be announced in permanent orders, which the applicant did not provide and are not present in his military records.  As a result, there is insufficient basis for correcting his DD Form 214 to show the award of the Driver and Mechanic Badge with "Driver-W" Bar.

5.  The applicant served on active duty in the designated areas of eligibility for award of the GWOTSM from 26 October 2001 to 7 May 2002, the GWOTEM from 8 January 2003 to March 2003 and from March 2003 to 19 October 2003, which also qualifies him for award of the Iraq Campaign Medal (ICM); however, his DD Form 214 does not show that he was awarded the GWOTSM, the GWOTEM and the ICM.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the GWOTSM, the GWOTEM and the ICM with two bronze service stars.

6.  It is understandable why the applicant wishes to have his DD Form 214 corrected to show that he completed infantry training and a 76-hour, MOS 11M OSUT Basic Bradley Transition Course.  However, as courses for combat skills are not listed on the DD Form 214, there is no basis for correcting his DD Form 214 to show that he completed these courses.

7.  The applicant deployed to Macedonia from 26 October 2001 to 7 May 2002 and to Kuwait from 8 January 2003 to 19 July 2003, but his DD Form 214 does not contain entries in item 18 to reflect these facts.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show that he deployed to Macedonia from 26 October 2001 to 7 May 2002 and to Kuwait/Iraq from 8 January 2003 to 
19 July 2003.

8.  Although not specifically requested by the applicant, as item 12f of his 
DD Form 214 does not show that he completed any foreign service, and as entries are being added to item 18 of his DD Form 214 for his deployments to Macedonia and Kuwait/Iraq, it would also be appropriate to correct item 12f of his 
DD Form 214 to show that he completed 1 year, 0 months, and 24 days of foreign service.

9.  Although not specifically requested, it was noted that the applicant wishes to have one singular document reflecting all of his service to this country.  The applicant is advised that he may only be reissued a DD Form 214 after two 
DD Form 215s have been issued and an additional correction to the original 
DD Form 214 is required.

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 applicant's DD Form 214 be corrected by:

   a.  adding the award of the Army Achievement Medal, the Good Conduct Medal, the Combat Infantryman Badge, the NATO Medal, the Kosovo Campaign Medal, the GWOTEM, the ICM with two bronze service stars, and the GWOTSM;
   
   b.  adding the following entries to item 18:  "SERVICE IN MACEDONIA FROM 20011026-20020507" and "SERVICE IN KUWAIT/IRAQ FROM 20030108-20030719"; and
   
   c.  correcting item 12f to show that he completed 1 year, 0 months, and 24 days of foreign service.

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:

   a.  adding the award of the Driver and Mechanic Badge with "Driver-W" Bar; to his DD Form 214;
   
b.  correcting item 14 (Military Education) of his DD Form 214 to show that he
completed infantry training and a 76-hour, MOS 11M OSUT Basic Bradley Transition Course.  

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _ 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)                                         AR20090006871



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ABCMR Record of Proceedings (cont)                                         AR20090006871



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