DOCKET NUMBER:  AR20090016581 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records with any supporting documents.

2.  Military Personnel Records and any advisory opinions.


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) for the period ending 6 July 2009 [hereafter referred to as the DD Form 214 in question] to show award of the Driver and Mechanic Badge with Driver-W [wheeled vehicle] Bar and a 2nd bronze service star for the Iraq Campaign Medal.  He also requests that his DD Form 214, item 12a (Date Entered Active Duty This Period), be corrected to show "2008 01 15."

2.  The applicant states his DD Form 214, item 12a, is incorrect by 1 full year of service and item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not contain his Driver Badge and the second bronze service star for the Iraq Campaign Medal. 

3.  To support this application he provides his latest DD Form 214, two active duty orders, two DA Forms 2166-8 (NCO Evaluation Report), an Army Achievement Medal certificate, a DD Form 214 for the period ending 21 March 2004, Military Personnel (MILPER) Message Number 08-123, and Permanent Orders Number 308-14.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the U.S. Army Reserve on 17 February 2000.  He was awarded the military occupational specialty (MOS) of 


55B (ammunition specialist).  On 29 November 2005, he reenlisted for 6 years.  The highest rank/grade he attained was staff sergeant (SSG)/E-6.

2.  The DD Form 214 in question shows the applicant served on active duty during the period 14 January through 6 July 2009.

3.  The applicant provided the following orders:

	a.  U.S. Army Human Resources Command - St. Louis (USAHRC-STL) Orders A-01-800417, dated 9 January 2008, showing the applicant was ordered to active duty for the period 15 January 2008 to 13 January 2009;

	b.  USAHRC-STL Orders A-12-826740, dated 24 December 2008, showing the applicant was ordered to active duty for the period 14 January 2008 to 13 January 2010; and

	c.  Headquarters Carlisle Barracks Orders 180-0002, dated 29 June 2009, showing he was released from active duty on 6 July 2009.

4.  DA Forms 2166-8 for the periods 1 February 2008 through 31 January 2009 and 1 February through 5 July 2009 show in item f2 (Status Code) that he was in an Active Duty Operational Support (ADOS) status during these time periods.

5.  The applicant's records contain Permanent Orders Number 308-14, dated 3 November 2003, showing he was awarded the Driver Badge for satisfactory performance while performing the duties of a wheel driver.

6.  USAHRC MILPER Message Number 10-078 provides the guidance and criteria, applicability, and standards for awarding and wear of service stars on the Iraq Campaign Medal.  It states that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase.  Approved designated Iraq Campaign Medal campaign phases and inclusive periods are listed below:

   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
   NATIONAL RESOLUTION/16 DEC 2005 –9 JANUARY 2007
   IRAQI SURGE/10 JANUARY 2007 – 31 DECEMBER 2008
   IRAQI SOVEREIGNTY/ 1 JANUARY 2009 – TO BE DETERMINED



7.  The applicant's records show he is entitled to an additional award, which he did not request and is not shown on his DD Form 214.

8.  Item 13 of the DD Form 214 in question shows one award of the Army Achievement Medal.  The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain two Army Achievement Medal Certificates.  He was awarded an:

	a.  Army Achievement Medal by Permanent Orders Number 282-0004, dated 8 October 2008.

	b.  Army Achievement Medal by Permanent Orders Number 09-239-2, dated 3 August 2009.

9.  In the processing of this case the Board's staff contacted the Defense Finance and Accounting Service (DFAS).  DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Kuwait for the period 23 March 2003 to 15 February 2004.

10.  Regulation 600-8-22 (Military Awards) provides that the Driver and Mechanic Badge is awarded to drivers to denote the attainment of a high degree of skill in the operation of motor vehicles.  Commanders of brigades, regiments, separate battalions and any commander in the rank of lieutenant colonel or higher may approve award of the Driver Badge.  The component bar "W" is authorized for wheeled vehicles.

11.  Army Regulation 600-8-22 states, in pertinent part, that the bronze oak leaf cluster (OLC) is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  Based on active duty orders and DA Forms 2166-8 the preponderance of evidence indicates the applicant served on active duty during the period 15 January 2008 through 6 July 2009.  As such, it would be appropriate to correct item 12a of his DD Form 214 in question to show "2008 01 15."

2.  Permanent orders awarded the applicant the Driver Badge.  Therefore, he is entitled to have the Driver and Mechanic Badge with Driver-W Bar added to his DD Form 214 in question.

3.  Permanent orders awarded the applicant two Army Achievement Medals.  As such, it would be appropriate to amend his DD Form 214 in question to show award of the Army Achievement Medal with OLC.

4.  DFAS records show the applicant received IDP for Kuwait from 23 March 2003 to 15 February 2004.  Although evidence indicates the applicant served in Iraq during a portion of this time, the dates the applicant received HFP/IDP does not in and of itself establish the exact dates the applicant served in Iraq or Kuwait.  As such, there is insufficient evidence to warrant awarding him a second bronze service star for the Iraq Campaign Medal.

5.  In view of the foregoing, the applicant's records should be corrected, but only 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 Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 12a of his DD Form 214 for the period ending
6 July 2009 and adding "2008 01 15";

	b.  deleting the Army Achievement Medal and adding the Army Achievement Medal with one OLC; and

	c.  adding the Driver and Mechanic Badge with Driver-W Bar to item 13 of his DD Form 214.

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 adding a second bronze service star to his already-awarded Iraq Campaign Medal.




      _______ _   __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)                                         AR20090016581



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ABCMR Record of Proceedings (cont)                                         AR20090016581



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