IN THE CASE OF:	

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090013610 


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, corrections to Item 1 (Name), Item 7a (Place of Entry into Active Duty), Item 7b (Home of Record at Time of Entry), Item 8a (Last Duty Assignment and Major Command), Item 9 (Command to Which Transferred), Item 12e (Total Prior Inactive Service), Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), and Item 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).   

2.  The applicant states, in effect, his last name should be shown as two words, V__ Z_____; Item 7a should show Fort Jackson, South Carolina; Item 8a should show Headquarters and Headquarters Company (HHC), 648th Engineer Battalion (EN BN); Item 9 should show N/A [not applicable]; Item 12e should include the 3 years, 6 months, and 22 days he spent in the Individual Ready Reserve (IRR) and his 6 months in the Delayed Entry Program (DEP); Item 13 should include his three Army Achievement Medals, the Good Conduct Medal, and exclude the Global War on Terrorism Expeditionary Medal and pistol qualification; and Item 14 should show the year 2000 for the Drivers Course.  

3.  In support of his application, the applicant provides copies of his 2001, 2004, 2005, and 2006 assignment orders; three certificates for the Army Achievement Medal; a memorandum, dated 17 May 2006, certifying his service during Operation Iraqi Freedom; his Driver’s Course Certificate of Training; and his 
DD Form 214.  


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 military record shows that he enlisted in the DEP on 21 January 1998.  He enlisted in the Regular Army in pay grade E-1 on 8 July 1998, for 3 years.  His DD Form 4/1 (Enlistment/Reenlistment Document) shows his last name is spelled as one word and his place of enlistment is shown as Tampa Military Entrance Processing Station (MEPS).  He was honorably released from active duty on 7 July 2001, for completion of required active service.  He was transferred to the U.S. States Army Reserve (USAR) Control Group (Reinforcement).  

3.  The applicant submitted copies of a certificate, dated 28 July 1999, awarding him the Army Achievement Medal, for outstanding performance during Intrinsic Action 99-02 in the country of Kuwait, from 12 April to 15 August 1999, by Permanent Orders 209-113; a certificate, dated 11 June 2000, awarding him the Army Achievement Medal, for meritorious service during Marne Focus, from 2 February to 10 February 2000, by Permanent Orders 163-5; and a certificate, dated 22 November 2000, awarding him the Army Achievement Medal, for meritorious achievement during the Division’s Marne Inspection Program, from 7 November to 8 November 2000, by Permanent Orders 327-11.  His records do not contain these orders.

4.  In connection with the processing of this case, the Army Military Pay Operations, Defense Finance and Accounting Service (DFAS), was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS advised that the applicant received HFP for service in a combat zone in Kuwait from 13 April 1999 through 8 August 1999, which equals a period of 3 months and 27 days.

5.  The available evidence does not show the applicant was awarded the Good Conduct Medal for this period of service from 8 July 1998 to 7 July 2001.  Additionally, the available evidence does not show the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  

6.  The applicant was issued a DD Form 214 on 7 July 2001 that shows he signed his name in Item 1 using two words.  He was credited with completing 3 years of net active service and he was credited with no prior inactive service.  Item 18 (Remarks) contains the entry, “BLOCK 6, PERIOD OF DEP:  19980121 – 19980707.”  Item 13 does not list the Good Conduct Medal or any awards for his service in Kuwait.  Item 18 also does not contain an entry to show he deployed with a unit to Kuwait during his period of active service.  

7.  The applicant also submitted a copy of his orders showing he was ordered to active duty with a reporting date of 14 September 2004.  Amended orders later changed his reporting date to no later than 30 January 2005.  His orders, dated 23 February 2005, show he entered on active duty from Fort Jackson, South Carolina, and was assigned to HHC, 648th EN BN, Fort Stewart, Georgia, from the Mobilization/Demobilization (MOB/DEMOB) Company, Fort Jackson.  

8.  The applicant entered active duty on 30 January 2005 in support of Operation Iraqi Freedom.  

9.  The applicant's memorandum, dated 17 May 2006, for service in support of Operation Iraqi Freedom, shows entitlement to one Overseas Service Bar, the Iraqi Campaign Medal, the Overseas Service Ribbon, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with “M” Device, the Honorable Lapel Button, the National Defense Service Medal, the Good Conduct Medal, and two Army Commendation Medals.  

10.  The applicant also submitted a copy of his 1 week Driver’s Course Certificate of Training.  The course completion date is not shown on this certificate.  There is no evidence in his records to show the year of completion for this course.

11.  The applicant's DD Form 214 shows he was honorably released from active duty on 4 June 2006, due to completion of required active service.  He was transferred to the USAR Control Group (Reinforcement).  Item 13 does not list the Army Achievement Medal (3rd Award) or the Good Conduct Medal.  Item 14 shows he completed a Driver’s Training Course in 2005.

12.  The applicant was honorably discharged from the USAR on 1 August 2006.

13.  Army Regulation 635-5 (Personnel Separation – Separation Documents), governs the preparation of the DD Form 214.  The regulation states, in pertinent part, that a Soldier’s initial enlistment contract or appointment document is the source for the date entered in Item 7a.  The city and state where the Soldier entered active duty will be entered in Item 7b.  The last unit of assignment, major command with the corresponding two character assignment code will be entered in Item 8a.  The applicable location dependent on the Soldier’s status on transition will be entered in Item 9a.  The total amount of prior inactive service, less lost time, from the previously issued DD Form 214 and/or the Enlisted Record Brief, will be entered in Item 12e.  DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  Item 13 will list awards and decorations for all periods of service.  Item 14 will list formal in-service training courses successfully completed during the period of service covered by the DD Form 214 and will include the title, length in weeks, and year completed.

14.  Army Regulation 635-5 also states that for Soldiers who have DEP time, the following entry will be entered in Item 18, “BLOCK 6, PERIOD OF DEP (inclusive periods of DEP time)."  

15.  Army Regulation 600-8-22 (Military Awards) provides that the 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.  

16.  Army Regulation 600-8-22, paragraph 1-31 specifies that revocation of awards of badges will be announced in permanent orders, except when revocation is automatically affected.  An award for a previous marksmanship weapon qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.   

17.  Army Regulation 600-8-22 further states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom and appropriate bronze service stars.

18.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Iraqi Campaign Medal for the following periods:  LIBERATION OF IRAQ/19 MAR 2003 – 1 MAY 2003, TRANSITION OF IRAQ/2 MAY 2003 – 28 JUN 2004, IRAQI GOVERNANCE/29 JUN 2004 – 15 DEC 2005, and NATIONAL RESOLUTION/16 DEC 2005 – DATE TO BE 
DETERMINED.

19.  Army Regulation 600-8-22 also states that the Global War on Terrorism Expeditionary Medal 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was mobilized to active duty in January 2005 from the MOB/DEMOB Company, Fort Jackson, South Carolina.  Therefore, he is entitled to correction to Item 7a of his DD Form 214 for the period ending on 7 July 2006 to show Fort Jackson, South Carolina.

2.  The evidence shows the applicant served in the USAR from 8 July 2001 to 29 January 2005, a period of 3 years, 6 months, and 22 days.  Therefore, he is also entitled to correction to Item 12e of his DD Form 214 for the period ending 4 June 2006 to show this service credit.  A correction of Item 12e does not require any adjustments of the other blocks in Item 12.  

3.  The evidence shows the applicant served in Kuwait from April to August 1999 and was awarded the Army Achievement Medal for outstanding achievement during Intrinsic Action 99-02 in Kuwait.  Therefore, the applicant was the recipient of three awards of the Army Achievement Medal during his period of service from 8 July 1998 to 7 July 2001.  The Army Achievement Medal (3rd Award) was not included on his DD Form 214 for the period ending 7 July 2001.  Based on the foregoing, it would be appropriate to add this award to his DD Form 214 for the period ending 4 June 2006. 
4.  The available evidence shows the applicant completed a qualifying period of service for award of the Good Conduct Medal (First Award) from 8 July 1998 to 7 July 2001.  There is no evidence that his commander ever disqualified him from receiving the award and there is no evidence of any misconduct which would justify denying him the award.  In addition, the memorandum dated 14 May 2006 indicated he had received the award.  In view of the foregoing, his last DD Form 214 should be corrected to show award of the Good Conduct Medal (First Award).

5.  The same period of service establishing eligibility for the Iraq Campaign Medal cannot be used to justify service eligibility for the Global War on Terrorism Expeditionary Medal.  Therefore, based on his award of and his request, he is entitled to correction to his DD Form 214 for the period ending 4 June 2006 to show the Iraqi Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  He is also entitled to award of two bronze service stars to be affixed to the Iraqi Campaign Medal to denote his campaign participation. 

6.  The evidence of record shows the applicant’s last name is spelled as one word throughout his record to include his previously-issued DD Form 214.  The available evidence does not support changing the spelling of his last name on his DD Form 214 ending on 4 June 2006 as he requested.  

7.  While the Board understands the applicant's desire to have his records changed to show the way he now writes his last name, there is no basis for compromising the integrity of the Army's records.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, the Board is reluctant to recommend that those records be changed.

8.  A copy of this decisional document, along with the applicant's request and enclosures, will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion regarding his last name.

9.  The evidence of record indicated the applicant was assigned to HHC, 648th EN BN, Fort Stewart, Georgia, during his period of deployment in support of Operation Iraqi Freedom.  Therefore, he is entitled to correction to Item 8 of the DD Form 214 for the period ending 4 June 2006 to show “HHC, 648th EN BN.”

10.  The evidence also shows that upon his release from active duty on 4 June 2006 the applicant was transferred to the USAR and he served in the USAR until he was discharged on 1 August 2006.  Based on the evidence, this information was properly listed on his DD Form 214 for the period ending 4 June 2006.  Therefore, he is not entitled to correction to Item 9 of this DD Form 214.  

11.  The evidence shows the applicant enlisted in the DEP on 21 January 1998. He enlisted in the Regular Army and entered on active duty on 8 July 1998.  He was released from active duty on 7 July 2001, transferred to the USAR Control Group (Reinforcement), and issued a DD Form 214.  His time in the USAR DEP is properly shown on this DD Form 214 for the period ending 7 July 2001.  In accordance with regulatory guidance, he is not entitled to correction to his DD Form 214 for the period ending 4 June 2006 to show his DEP time in Items 12e or 18.

12.  The evidence of record and the document submitted by the applicant does not confirm the date of completion for the applicant's Driver’s Training Course.  Item 14 of his DD Form 214 for the period ending 4 June 2006 currently shows he completed the course in 2005.  Without the appropriate evidence Item 14 of this DD Form 214 cannot be changed to show he completed the course in 2000.  

13.  The evidence does not show and the applicant has provided no evidence that show he was disqualified for award of the Sharpshooter Marksman Qualification Badge with Pistol Bar.  Therefore, he is not entitled to deletion of this badge from Item 13 of his DD Form 214, ending 4 June 2006.

14.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 the Department of the Army records of the individual concerned be corrected by:

	a.  amending the applicant’s DD Form 214 for the period ending 4 June 2006, Item 7a to show he was mobilized from Fort Jackson, South Carolina; Item 8 to show he was assigned to HHC, 648th EN BN; Item 12e to show a credit of 3 years, 6 months, and 22 days of total prior inactive service; Item 13 by adding the Army Achievement Medal (3rd Award) and the Good Conduct Medal (First Award) and by deleting the Global War on Terrorism Expeditionary Medal and adding the Iraqi Campaign Medal; and 

	b.  providing him a separation document that includes these corrections and awards.

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 corrections to Item 1 to show his last name as two words; Item 9 to show N/A; Item 12e to show his DEP time; Item14 to show he completed the Driver’s Training Course in 2000; and deletion of the Sharpshooters Marksman Qualification Badge with Pistol Bar from Item 13 of this DD Form 214, ending on 4 June 2006.




      _______ _   _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)                                         AR20090013610



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ABCMR Record of Proceedings (cont)                                         AR20090013610


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