IN THE CASE OF:	  

		BOARD DATE:	    22 June 2010

		DOCKET NUMBER:  AR20090020206 


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 12 December 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he is currently serving in the U.S. Army Reserve (USAR) and will soon be deploying.  He provides information relating to items that should be corrected on his DD Form 214.  He adds he hopes he can get the errors he identifies corrected before he receives his next DD Form 214.

	a.  His 8-year Reserve obligation expires 7 December 2012.

	b.  He held his area of concentration (AOC) of 27A (Judge Advocate General) for a period of 9 months.

	c.  He served on active duty for 8 months and 18 days during the period of service under review.

	d.  His total prior active service is 3 months and 1 day.

	e.  He received two awards of the Army Commendation Medal and one Army Achievement Medal.

	f.  His service in Qatar entitles him to award of the Global War on Terrorism Expeditionary Medal.

	g.  A mandatory entry concerning data for determining his eligibility for Federal benefits was omitted from item 18 (Remarks) of his DD Form 214.

3.  The applicant provides copies of his DD Forms 214, an appointment letter, three orders, three award documents, and extracts from two Army regulations.

CONSIDERATION OF EVIDENCE:

1.  U.S. Army Human Resources Command, St. Louis, MO, memorandum, dated 23 November 2004, appointed the applicant as a Reserve commissioned officer of the Army.  The applicant executed the oath of office on 8 December 2004.

2.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the Judge Advocate Officer Basic Course for AOC 27A on 1 September 2005.

3.  A DD Form 214 shows the applicant entered active duty for training for this period on 31 May 2005 and he was honorably released from active duty for training on 1 September 2005.  At the time he had completed 3 months and 1 day of net active service.

4.  U.S. Army Human Resources Command, Alexandria, VA, Orders 
A-03-706663, dated 22 March 2007, ordered the applicant to active duty in support of Operation Enduring Freedom on 26 March 2007.

5.  U.S. Infantry Center, Fort Benning, GA, Orders 325-2209, dated 21 November 2007, released the applicant from active duty effective 12 December 2007.

6.  The applicant's DD Form 214 shows he entered this period of active duty on 26 March 2007 and he was honorably released from active duty on 12 December 2007.  There is no entry in item 18 concerning data for determining his eligibility for Federal benefits.  The DD Form 214 shows:

	a.  item 6 (Reserve Obligation Termination Date) - 20101207 (i.e., 7 December 2010);

	b.  item 11 (Primary Specialty) - 27A Judge Advocate General - 0 years and 8 months;

	c.  item 12 (Record of Service):



* block c (Net Active Service This Period) - 0 years, 7 months, 23 days
* block d (Total Prior Active Service) - "See Block #18"
* block e (Total Prior Inactive Service) - "See Block #18"
	d.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, National Defense Service Medal (2nd Award), Global War on Terrorism Service Medal (GWOTSM), Army Service Ribbon, and Armed Forces Reserve Medal with "M" Device.

	e.  item 18 (Remarks), in pertinent part, shows the following entries:

* separated from service on temporary records and Soldier's affidavit
* DD Form 215 will be issued to provide missing information
* served in a designated imminent danger pay area
* service in Qatar 20070424-20071118

7.  The applicant's Total Army Personnel Database record available via the Integrated Web System shows the applicant's date of initial entry and pay entry basic date as 8 December 2004 and the expiration status of his military obligation as 7 December 2012.

8.  The applicant provides the following additional documents:

	a.  Fort McPherson, GA, Orders 113-002, dated 23 April 2007, deployed the applicant to the U.S. Army Forces Central Command, Camp Arifjan, Kuwait, in support of Operation Iraqi Freedom on 23 April 2007.

	b.  A DA Form 638 (Recommendation for Award) shows Headquarters, 5045th Garrison Support Unit, Fort Sill, OK, Permanent Order Number 38-002, dated 7 February 2006, awarded the applicant the Army Commendation Medal for meritorious achievement from 31 May 2005 to 1 September 2005.

	c.  A DA Form 638 shows Headquarters, Area Support Group-Qatar, Permanent Order Number 320-01, dated 16 November 2007, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from 16 April 2007 to 18 November 2007.

	d.  A DA Form 638 shows Headquarters, 5045th Garrison Support Unit, Fort Sill, OK, Permanent Order Number 339-002, dated 5 December 2005, awarded the applicant the Army Achievement Medal for meritorious service from 16 December 2004 to 1 January 2006.

9.  During the processing of this case, an ABCMR staff member contacted the applicant regarding his total prior inactive service, documentation relating to a second award of the Army Commendation Medal, and his two awards of the National Defense Service Medal.  In response, the applicant concurred with the correction of item 12, block e; provided a copy of his second award of the Army Commendation Medal; and acknowledged that he understood he was entitled to only one award of the National Defense Service Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Global War on Terrorism Expeditionary Medal (GWOTEM) 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.

		(1)  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 AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in specific geographic AOE's, which included Qatar.

	b.  The GWOTSM is designated for Soldiers who have participated in or served in support of Global War on Terrorism operations outside of the designated AOE determined for award of the GWOTEM on or after 11 September 2001 to a date to be determined.  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 this award.

	c.  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.

		(1)  Additional award(s) of the National Defense Service Medal is (are) authorized for Soldiers who served during more than one of the four authorized time periods.

		(2)  An additional award of the National Defense Service Medal is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility.

11.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the official military personnel file.

12.  Paragraph 2-4 of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214.

	a.  Item 6 states this is the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  DOD policy requires a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 to serve a period of 8 years.  The MSO starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, or USAR, to include the Delayed Entry Program (DEP).

	b.  Item 11 states, enter the titles of all military occupational specialties (MOS) or AOC's served for at least 1 year and include for each MOS/AOC the number of years and months served from the ERB/ORB.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

	c.  Item 12 states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It states:

		(1)  block c - enter the amount of service this period, computed by subtracting item 12a from item 12b;

		(2)  block d - from previously-issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.  If not applicable, enter "00  00  00";

		(3)  block e – from previously-issued DD Forms 214 and/or ERB/ORB, enter the total amount of prior inactive service, less lost time, if any.

	d.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

	e.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also provides for a mandatory entry of:  "data herein subject to computer matching within DOD or with other agencies for verification purposes and determining eligibility or compliance for Federal benefits."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that errors on his 12 December 2007 DD Form 214 should be corrected so that the erroneous information is not carried forward to future DD Forms 214 he receives.

2.  Records show the applicant's 8-year MSO started when he was initially appointed in the USAR on 8 December 2004.  Thus, his Reserve obligation termination date is 7 December 2012 and his DD Form 214 should be corrected.

3.  The applicant entered active duty for training on 31 May 2005 and he was honorably released from active duty for training on 1 September 2005.

	a.  A service computation for the period of inactive service from 8 December 2004 through 30 May 2005 shows it equates to 5 months and 23 days.

	b.  A service computation for the period of active service confirms that it equates to 3 months and 1 day.

4.  The applicant was ordered to active duty on 26 March 2007 and he was honorably released from active duty on 12 December 2007.

	a.  A service computation for the period of inactive service from 2 September 2005 through 25 March 2007 shows it equates to 1 year, 6 months, and 24 days.

	b.  A service computation for the period of active service shows it equates to 8 months and 17 days.

	c.  The sum of the applicant's inactive service (i.e., 5 months and 23 days plus 1 year, 6 months, and 24 days) totals 2 years, 0 months, and 17 days.

5.  Based on the preceding service computations, item 12 of the applicant's 12 December 2007 DD Form 214 should be corrected to show in:

* block c - 0 years, 8 months, and 17 days
* block d - 0 years, 3 months, and 1 day
* block e - 2 years, 0 months, and 17 days

6.  Records show the applicant completed the Judge Advocate Officer Basic Course for AOC 27A on 1 September 2005.  The guidance for completing item 11 of the DD Form 214 states to include the number of years and months served for each MOS/AOC and that 16 days or more count as a month.  Therefore, it would be appropriate to correct this item to show the applicant served in AOC 27A for 9 months.

7.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious achievement from 31 May 2005 to 1 September 2005 and the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from 16 April 2007 to 18 November 2007.  Therefore, it would be appropriate to correct his records to show two awards of the Army Commendation Medal.

8.  Permanent orders awarded the applicant the Army Achievement Medal for meritorious service from 16 December 2004 to 1 January 2006.  Therefore, it would be appropriate to correct his records to show this award.

9.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Qatar).  Therefore, it would be appropriate to correct his records to show this award.

10.  The applicant served outside the AOE from 26 March 2007 through 23 April 2007, which equates to 29 consecutive days, and from 19 November 2007 through 12 December 2007, which equates to 24 consecutive days.  These two periods of service equate to a total of 53 nonconsecutive days.

	a.  Thus, records shows the applicant did not meet the qualifying criteria for award of the GWOTSM.

	b.  The applicant acknowledges this service medal should be deleted from his DD Form 214.

	c.  Therefore, it would be appropriate to delete the service medal from item 13 of his DD Form 214.

11.  The applicant qualified for award of the National Defense Service Medal based on honorable active service during the current authorized period for this service medal (i.e., beginning 11 September 2001 to a date to be determined).

	a.  There is no evidence the applicant had honorable active service during any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, or 2 August 1990 and 30 November 1995.

	b.  The applicant does not meet the qualifying criteria for a second award of the National Defense Service Medal.

	c.  The applicant acknowledges the second award of this service medal should be deleted from his DD Form 214.

	d.  Therefore, it would be appropriate to delete the second award of the National Defense Service Medal from his DD Form 214.

12.  Item 18 of the applicant's DD Form 214 does not contain the mandatory entry concerning data matching for determining his eligibility for Federal benefits.  Therefore, it would be appropriate to correct his records to add this entry.

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 amending his 12 December 2007 DD Form 214 by:

	a.  deleting from item 6 the entry "20101207" and adding "20121207";

	b.  deleting from item 11 the entry "27A JUDGE ADVOCATE GEN - 0 YRS 8 MOS//NOTHING FOLLOWS" and adding "27A JUDGE ADVOCATE GENERAL - 0 YRS 9 MOS//NOTHING FOLLOWS";

	c.  deleting from item 12:

* block c, the entry "0000  07  23" and adding "0000  08  17"
* block d, the entry "SEE BLOCK #18" and adding "0000  03  01"
* block e, the entry "SEE BLOCK #18" and adding "0002  00  17"

	d.  deleting from item 13 the "ARMY COMMENDATION MEDAL//NATIONAL DEFENSE SERVICE MEDAL (2ND AWARD)//GLOBAL WAR ON TERRORISM SERVICE MEDAL";

	e.  adding to item 13 the "ARMY COMMENDATION MEDAL (2ND AWARD)//ARMY ACHIEVEMENT MEDAL//NATIONAL DEFENSE SERVICE MEDAL/ /GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL//NOTHING FOLLOWS"; and

	f.  adding to item 18 the entry:  "DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL BENEFITS.//NOTHING FOLLOWS."

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 net active service this period (i.e., 8 months and 18 days).



      __________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)                                         AR20090020206



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ABCMR Record of Proceedings (cont)                                         AR20090020206



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