IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090019158


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:

* all awards
* military education
* combat deployments

2.  The applicant states he was unable to review and validate his DD Form 214 at discharge because he was in prison in the State of Colorado.  He adds he served in Operation Iraqi Freedom (OIF) twice, in January 2003 with the 226th Maintenance Company, 19th Maintenance Battalion, III Corps, Fort Sill, OK, and in March 2005 with Maintenance Troop, Support Squadron, 3rd Armored Cavalry Regiment, Fort Carson, CO.

3.  The applicant provides:

* 4-page brief of arguments, dated 15 October 2009
* 2-page affidavit in support of brief of arguments, dated 15 October 2009
* attachments/exhibits for brief of arguments
* Army Commendation Medal Certificate, Permanent Order 146-20, dated 26 May 2003, with DA Form 638 (Recommendation for Award)
* Enlisted Record Brief (ERB), dated 18 May 2006
* Army Achievement Medal Certificate, Permanent Order 335-003, dated 1 December 2003, with DA Form 638
* Army Commendation Medal Certificate, Permanent Order 069-06, dated 9 March 2004, with DA Form 638
* Permanent Order 029-16, Headquarters, 19th Maintenance Battalion, Fort Sill, OK, dated 29 January 2004, awarding the Army Good Conduct Medal for the period 19 August 1998 to 18 August 2001
* DA Form 1059 (Service School Academic Evaluation Report), dated 26 September 2003, showing completion of the Primary Leadership Development Course (PLDC) on the Commandant's List with a Certificate of Achievement

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army and served honorably from 1 August 2000 through 2 December 2006.  His total creditable service equaled 5 years, 9 months, and 17 days because he had lost time from 18 May 2006 through 2 December 2006 due to civil confinement.

2.  The applicant's records show he received orders awarding him two Army Commendation Medals and one Army Achievement Medal.

3.  The applicant's records contain two orders awarding him the Army Good Conduct Medal.  He provided one order (Permanent Order 029-16) for the period 19 August 1998 to 18 August 2001.  A second order (Permanent Order 343-016), Cobra Detachment, 502nd Personnel Services Battalion, Fort Carson, CO, dated 8 December 2004, awarded the Army Good Conduct Medal (1st Award) for the period 1 August 2000 to 31 July 2003.

4.  The applicant's ERB does not show any overseas deployments; however, it does show award of the Global War on Terrorism Expeditionary Medal, along with the Global War on Terrorism Service Medal, Army Service Ribbon, and National Defense Service Medal.

5.  A review of the applicant's Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) reveals he was paid hostile fire pay/imminent danger pay and received a combat zone tax exclusion from 22 March 2003 through 10 June 2003 for Kuwait.

6.  The applicant's DA Form 1059 shows he completed PLDC Class 8-03 for the period 27 August 2003 through 26 September 2003.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It provides:

	a.  Block 12f (Foreign Service) will reflect the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  Block 14 (Military Education) will reflect formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  The entry will include 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 will not be listed.

	c.  Block 18 (Remarks) will be used for Headquarters, Department of the Army (HQDA), mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14.  For an active duty Soldier deployed with his or her unit, the following entry will be made, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	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 Army Good Conduct Medal, disqualification must be justified.

	b.  The Global War on Terrorism Expeditionary Medal is awarded to Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001.  To be eligible for this award, a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated or must meet one of the following criteria:  (1) be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; (2) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or (3) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operation Enduring Freedom and/or OIF.

	c.  The Noncommissioned Officer Professional Development Ribbon (NCOPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and Army Reserve Soldiers for successful completion of designated NCO professional development courses.  A numeral is affixed to the ribbon to indicate completion of specific levels of subsequent courses.  The primary level course is indicated by the basic ribbon, basic-level course with the numeral 2, advanced-level course with the numeral 3, and senior-level course (Sergeants Major Academy) with the numeral 4.

	d.  For each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded.

	e.  Awards of decorations made by major Army commands and principal HQDA officials will be announced in permanent orders.  Awards of the Army Good Conduct Medal made according to delegated authority will be announced in permanent orders by the commanders authorized to make the awards.  Service medals and service ribbons are administratively awarded to individuals who meet the qualifying criteria.  Orders are not required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his DD Form 214 corrected to show all awards he earned, two periods of deployment to SWA in support of OIF, and completion of PLDC.

2.  The applicant was awarded two Army Commendation Medals and one Army Achievement Medal.  These awards do not appear on his DD Form 214 and should be added.

3.  The applicant deployed to Kuwait for 81 days (2 months and 20 days) in support of OIF.  He is entitled to award of the Global War on Terrorism Expeditionary Medal and it should be added to his DD Form 214.

4.  The applicant provided a permanent order awarding him the Army Good Conduct Medal for the period 19 August 1998 to 18 August 2001.  This order is incorrect as the applicant was not even on active duty until 1 August 2000.  However, the applicant's records contain a permanent order correctly awarding the Army Good Conduct Medal for the period 1 August 2000 to 31 July 2003.  Therefore, the applicant is entitled to add the Army Good Conduct Medal to his DD Form 214.

5.  The applicant completed the PLDC.  This leadership training enhances civilian employment opportunities and should be added to his DD Form 214.  He is also entitled to have the NCOPDR added to his awards shown on his DD Form 214.

6.  Army Regulation 635-5 requires foreign service to be entered in block 12f and, if that service was part of a unit deployment, an entry is required in block 18.  The applicant claims two periods of deployment; however, only one period can be verified by DFAS MMPA records.  The applicant's DD Form 214 should reflect 2 months and 20 days in block 12f.  It should also reflect the statement "SERVICE KUWAIT FROM 20030322-20030610" in block 18.  No other periods of deployment can be verified.

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.  adding the Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, Army Good Conduct Medal, NCOPDR, and Global War on Terrorism Expeditionary Medal to block 13 of his DD Form 214;

	b.  adding "PRIMARY LEADERSHIP DEVELOPMENT COURSE, 4 WEEKS, 2003" to block 14 of his DD Form 214;

	c.  adding "SERVICE IN KUWAIT FROM 20030322-20030610" to block 18 of his DD Form 214; and

	d.  amending block 12f of his DD Form 214 to show "0000  02  20."

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 any additional deployments beyond 22 March 2003 to 10 June 2003.



      ____________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)                                         AR20090019158



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ABCMR Record of Proceedings (cont)                                         AR20090019158



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