BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013210 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his military training; the Expert Marksmanship Qualification Badge with Rifle Bar, Basic Parachutist Badge, and all other awards; and his deployments.

2.  The applicant states that his DD Form 214 was not properly completed upon his separation.  He adds that he was a good Soldier and he did his job, but upon separation, his paperwork was neglected because he was getting out on a school drop.

3.  The applicant provides a copy of a VA Form 21-4238 (Statement in Support of a Claim), dated 4 February 2009; copies of letter envelopes addressed to him at an Army Post Office (APO) address; copies of his DA Forms 4856 (Developmental Counseling Form), dated 1 October and 3 November 2001; a copy of a DA Form 638 (Recommendation for Award), dated 1 April 2002, showing award of the Army Commendation Medal; a copy of Orders 312-51, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on
8 November 1999; a copy of a certificate, dated 2 June 2000, showing award of the Army Achievement Medal; a copy of a certificate of training, dated 6 October 2000, showing completion of a 42-hour Combative Train the Trainer Course; and a copy of the voluntary separation approval memorandum, dated 25 March 2002, in support of his request.



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 records show he enlisted in the Regular Army (RA) for a period of 4 years on 23 October 1998.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 62F (Crane Operator).  He also attended and completed the Basic Airborne Course at Fort Benning, Class 39-99, from 23 August 1999 to
10 September 1999.  He was assigned to the 608th Ordnance Company, 13th Corps Support Battalion, 36th Engineer Group, Fort Benning.

3.  He was honorably released from active duty on 26 July 2002 in the rank/grade of specialist (SPC)/E-4 for the purpose of attending school.  The DD Form 214 he was issued shows he completed 3 years, 9 months, and 4 days of creditable active service.  This form further shows the following entries:

	a.  item 12f (Foreign Service) shows the entry "0000  00  00";

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Lapel Button and the Army Service Ribbon; 

	c.  item 14 (Military Education) shows the entry "None"; and 

	d.  item 18 (Remarks) does not show any service in a hostile fire pay/
imminent danger pay (HFP/IDP) area.

4.  An email from the Defense Finance and Accounting Service (DFAS), dated
16 November 2009, indicates the applicant's military pay account does not show the applicant received HFP/IDP for any period during his tenure of service.

5.  Headquarters, U.S. Army Infantry Center, Fort Benning, Permanent Orders 243-251, dated 31 August 1999, awarded the applicant the Parachutist Badge on 10 September 1999 based on successful completion of Airborne training.

6.  Headquarters, 13th Corps Support Battalion, Fort Benning, Permanent Order 138-165, dated 2 June 2000, shows the applicant was awarded the Army Achievement Medal for meritorious achievement from 1 April 2000 to 14 May 2000.

7.  A DA Form 638, dated 1 April 2002, shows the applicant was awarded the Army Commendation Medal for meritorious service from 24 March 1999 to 1 April 2002.  Achievement Number 1 on the DA Form 638 shows the following entry:

"Demonstrated outstanding duty performance while deployed to Egypt in support of Operation Bright Star.  While there, (the applicant) ran a military checkpoint with the Egyptian military.  He received a coin for his efforts.  (The applicant) also deployed after Operation Bright Star to Afghanistan as part of a security detail."

Part V (Orders Data) of the DA Form 638 is incomplete; however, the recommender and intermediate authorities properly signed and dated their respective recommendation.  On 12 May 2002, the approval authority approved the award of the Army Commendation Medal to the applicant.

8.  The applicant submitted a certificate of achievement, dated 25 January 2000, that shows he scored 90 on each event of the Army Physical Fitness Test (APFT) and he was awarded the Army Physical Fitness Badge.

9.  The applicant submitted a copy of a certificate of training, dated 6 October 2000, that shows he completed the 42-hour Combatives Train the Trainer Course from 2 October 2000 through 6 October 2000 at Fort Benning.

10.  The applicant’s records do not contain derogatory information in the form of nonjudicial punishment, suspension of favorable personnel actions, lost time, or a court-martial.  His record is also void of any orders awarding him the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the following awards:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of 
active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	c.  The Global War on Terrorism Service Medal 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 of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or 60 nonconsecutive days, or meet one of the following criteria:  (1) initial award of the Global War on Terrorism Service Medal is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, or Iraqi Freedom; or (2) all Soldiers 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, having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	d.  Marksmanship Qualification Badges are awarded to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman. Orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.

	e.  The Physical Fitness Badge was established by the Secretary of the Army on 25 June 1986.  Effective 1 February 1999, Soldiers who obtain a minimum 

score of 270 or above, with a minimum of 90 points per event on the 
APFT and meet the body fat standards will be awarded the Physical Fitness Badge for Physical Fitness Excellence.  Soldiers are required to meet the above criteria each record test to continue to wear the badge.  The Physical Fitness Badge is the only official U.S. Army badge which cannot be worn on a dress military uniform.  Regulations permit the wear of the Physical Fitness Badge on the physical training uniform only, and there are no provisions for displaying the award on any other uniform of the U.S. Army.  Permanent Orders are not required for award of the Physical Fitness Badge.

12.  HFP/IDP is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was subject to 
hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which the Soldier was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation currently in effect directs, 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 be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

14.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s records.  Item 13 shows the awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Item 14 shows the Soldier's military education and is obtained from the Enlisted Record Brief (ERB).  It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills (emphasis added) are 

not listed.  Item 18 of the Soldier's DD Form 214 is used for mandatory 
requirements when a separate block is not available.  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 County Deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all his awards, training, and deployments.

2.  Permanent orders awarded the applicant the Parachutist Badge on 10 September 1999 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  Permanent orders awarded the applicant the Army Achievement Medal for meritorious achievement from 1 April 2000 to 14 May 2000 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Although Part V of the DA Form 638 prepared on 1 April 2002 for award of the Army Commendation Medal is incomplete, it appears the chain of command's award recommendation for meritorious service from 24 March 1999 to 1 April 2002 was appropriately approved by the approval authority on 12 May 2002.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows the applicant was awarded the Army Physical Fitness Badge for attaining 90 on each event of the APFT on 25 January 2000.  Although the Army Physical Fitness Badge is specifically authorized for wear on the physical training uniform only it is listed as an authorized award in Army Regulation 600-8-22.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record confirms that the applicant served honorably during the period 23 October 1998 through 26 July 2002.  He completed 3 years, 9 months, and 4 days of active service, he attained the rank/grade of SPC/E-4, and he was awarded a commendation and achievement medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award.


7.  The evidence of record shows the applicant served in the RA between 11 September 2001 (beginning date of eligibility for this award) and 26 July 2002 
(date of his release from active duty).  Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and National Defense Service Medal.  Therefore, he is entitled to correction of his records to show these awards.

8.  With respect to the marksmanship badges, there is no evidence in the available record and the applicant did not provide any evidence that shows he qualified with any weapon systems and/or was awarded any marksmanship badges.  In the absence of any documentary evidence such as a memorandum, letter, roster, or other locally devised form, showing the date and class of qualification, there is insufficient evidence to grant this portion of the applicant's requested relief.

9.  With respect to his deployments, the regulation provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement the inclusive dates of service and name of country deployed.  There is no indication in the applicant's records of the exact dates of his deployment/service in Egypt or in Afghanistan.  Additionally, his pay records do not reflect receipt of HFP/IDP for any period during his tenure of service.  Therefore, there is insufficient evidence to list his deployments in this case.

10.  With respect to the applicant's military training, the applicant successfully completed training and he was awarded MOS 62F; however, there is no indication of the exact dates and duration of this training.  Therefore, there is insufficient evidence to list it on his DD Form 214.  Furthermore, the 42-hour Combatives Train the Trainer Course is considered training for combat skills and as such, it is not listed 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:

	a.  awarding the applicant the Army Good Conduct Medal (1st award) for exemplary behavior, efficiency, and fidelity during the period 23 October 1998 through 22 October 2001; and

	b.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st award), National Defense Service Medal, Army Achievement Medal, Army Commendation Medal, Army Physical Fitness Badge, and the Parachutist Badge.

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 adding to his DD Form 214 his training, his deployments, and award of the Expert Marksmanship Qualification Badge with Rifle Bar.



      __________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)                                         AR20090013210



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