IN THE CASE OF:	  

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012329 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  his foreign service in support of Operation Iraqi Freedom;

	b.  award of the Army Commendation Medal; and

	c.  his completion of the UH-60 Helicopter Repairer Course.

2.  The applicant states, in effect, that he deserves to have his record accurately reflect the time he served overseas in Iraq and the Army Commendation Medal that he earned while serving there.  He also states that having his military education properly annotated on his DD Form 214 will facilitate his receipt of Airframe and Powerplant certification from the Federal Aviation Administration.

3.  The applicant provides copies of his DD Form 214, a DA Form 638 (Recommendation for Award), and a DA Form 4980-14 (Army Commendation Medal Certificate) as documentary evidence in support of this application.

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's record shows he enlisted in the Regular Army and entered active duty on 19 August 1998.  The applicant completed basic combat training and advanced individual training (AIT).  Upon completion of AIT, he was awarded the primary military occupational specialty (MOS) 67T (UH-60 Helicopter Repairer).  The highest rank/grade the applicant achieved while serving on active duty was the rank of specialist/pay grade E-4.  On 18 August 2004, the applicant was released from active duty with an honorable characterization of service and transferred to U.S. Army Reserve Control Group (Reinforcement).

3.  The applicant's record contains a DA Form 3286-59 (Statement for Enlistment - U.S. Army Enlistment Program - U.S. Army Delayed Enlistment Program) which shows, in pertinent part, he was assured of attendance at the Army's 
MOS 67T-producing UH-60 Helicopter Repairer Course as a condition of his enlistment 

4.  Item 4 (Assignment Considerations) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he enlisted for participation in the U.S. Army Training Enlistment Program for MOS 67T.  Item 17 (Civilian Education and Military Schools) of this form shows the applicant's completion of the 13-week MOS-producing UH-60 Helicopter Repairer Course in 1999.

5.  The applicant provides a DA Form 638 initiated on 21 October 2003 which shows he was recommended for and subsequently approved for award of the Army Commendation Medal for meritorious service as a UH-60 mechanic during Operation Iraqi Freedom during the period 1 July 2003 to 1 April 2004.  The authority for this award was Headquarters, 4th Brigade, 4th Infantry Division, Tikrit, Iraq, Permanent Order Number 360-41, dated 26 December 2003.  The applicant also provides a copy of the certificate he was issued to commemorate his receipt of this award.

6.  A review of the Army's MOS listing maintained by the U.S. Army Human Resources Command shows MOS 67T was redesignated as MOS 15T as part of the Army's MOS realignment effort in 2004.

7.  Item 11 (Primary Specialty) of the applicant's DD Form 214 shows his MOS as 15T1O00 UH-60 Helicopter Repairer.  Item 14 (Military Education) of this form indicates he completed the 13-week Helicopter Weapons System Repairer Course in 1999.  This form does not show the applicant's completion of the 
13-week MOS producing UH-60 Helicopter Repairer Course in 1999.  The remainder of the applicant's record is devoid of any evidence that he ever attended the Helicopter Weapons System Repairer Course.

8.  A query of the applicant's Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) revealed that he received hostile fire pay, imminent danger pay, and combat zone tax exclusion entitlements associated with deployment to Kuwait during the period 17 July 2003 through 5 April 2004, a total of 8 months and 20 days.

9.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas for a cumulative total of 0 years, 0 months, and 0 days.  Item 18 (Remarks) of this form does not show the applicant served overseas during this period of active duty.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded or authorized the Army Lapel Button, the Army Achievement Medal, the Global War on Terrorism Service Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Aircraft Crewman Badge.  This form does not show award of the Army Commendation Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides that 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; and

	c.  participate 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].  This campaign medal may be awarded posthumously.

12.  Department of the Army Military Personnel Message 08-123 issued on 30 April 2008 provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq he completed a qualifying period of service during the Transition of Iraq campaign (2 May 2003 through 28 June 2004).

13.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), then in effect, provided specific guidance for updating the 
DA Form 2-1.  This regulation stated that an entry would be made in item 17 of the DA Form 2-1 for the successful completion of each formal course of instruction resulting in the award of a special skill identifier (SSI)/MOS or which makes a direct contribution to the proficiency in a particular SSI/MOS.  This regulation further stated that an entry would be made for successful completion of any course of instruction conducted under military sponsorship or direction if attendance equals or exceeds 40 hours.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  This regulation also establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation provides, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  for Item 12f, enter the total amount of foreign service completed during their continuous period of active service;

	b.  for item 14, enter the Soldier’s military education from his/her records by listing formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214; and

	c.  for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his foreign service in support of Operation Iraqi Freedom, award of the Army Commendation Medal, and his completion of the UH-60 Helicopter Repairer Course were carefully considered and determined to have merit.

2.  A query of the applicant's DFAS pay history revealed that he received pay entitlements associated with service in the deployed theater during the period 17 July 2003 through 5 April 2004, a total of 8 months and 20 days.

3.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service while serving in Iraq in support of Operation Iraqi Freedom during the period 1 July 2003 through 1 April 2004.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal.

4.  Army Regulation 635-5 prescribes that item 12f will show the total amount of foreign service completed during the period covered in item 12c.  This regulation further prescribes that the remarks section of a DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service will include the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."  Therefore, the applicant is entitled to correction of his DD Form 214 to show his deployment to Iraq during the period 17 July 2003 through 5 April 2004, a total of 8 months and 20 days of foreign service.

5.  The evidence shows an erroneous entry exists on the applicant's DD Form 214.  Item 14 of this form shows he completed the 13-week Helicopter Weapons System Repairer Course which, in fact, he never attended.  The evidence shows that the applicant completed the 13-week MOS-producing 
UH-60 Helicopter Repairer Course in 1999.  Army policy provides that an entry will be made in item 14 of DD Form 214 for the successful completion of each formal course of instruction resulting in the award of an SSI or MOS.  Therefore, the applicant is entitled to correction of his DD Form 214 to show completion of this 13-week course as follows:  "UH-60 HELICOPTER REPAIRER COURSE, 13 WEEKS, 1999//NOTHING FOLLOWS."

6.  The evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in one campaign.  Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with one bronze service star.

BOARD VOTE:

__X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the applicant's DD Form 214 be corrected by:

	a.  deleting the current entry in item 12f and adding the entry "0000  08  20";

	b.  adding the Army Commendation Medal and the Iraq Campaign Medal with one bronze service star to item 13;

	c.  deleting the current entry in item 14 and adding the entry "UH-60 HELICOPTER REPAIRER COURSE, 13 WEEKS, 1999//NOTHING FOLLOWS";

	d.  adding the entry "SERVICE IN KUWAIT AND IRAQ FROM 20030713-20040405" to item 18; and

	e.  providing the applicant a correction to his DD Form 214 to show these changes.



      ___________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)                                         AR20090012329



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ABCMR Record of Proceedings (cont)                                         AR20090012329



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