IN THE CASE OF:	

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090020437


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 three awards of the Army Achievement Medal (AAM), the Global War on Terrorism Service Medal (GWOTSM), and the Combat Lifesaver Certification Course be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests the Iraq Campaign Medal (ICM) be deleted from his DD Form 214.

2.  The applicant states that all of his awards and military training were not included on his DD Form 214.  He also indicates the ICM should be removed from his DD Form 214 based on his award of the Global War on Terrorism Expeditionary Medal (GWOTEM).

3.  The applicant provides the following documents in support of his application:

* discharge orders
* seven award certificates
* two unit memoranda

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 record shows he initially enlisted in the Regular Army on 9 September 1998 and he was trained in and awarded military occupational specialty 92A (Automated Logistical Specialist).

3.  On 24 October 2003, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group, having completed 5 years, 1 month, and 16 days of creditable service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at that time shows he earned the following awards:

* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

4.  Item 14 (Military Education) of the DD Form 214 does not include the Combat Lifesaver Certification Course among the list of completed courses.

5.  On 13 October 2004, the applicant was ordered to active duty as a member of the USAR in support of Operation Iraqi Freedom.  He continuously served until he was honorably REFRAD on 11 January 2006.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) includes the following list of awards in item 9 (Awards, Decorations, and Campaigns):

* ASR
* Parachutist Badge
* AGCM
* AAM (2nd Award)
* Driver and Mechanic Badge with Driver-W Bar

7.  Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 does not include the Combat Lifesaver Certification Course.

8.  The DD Form 214 issued to the applicant on 11 January 2006 shows he completed a total of 7 years, 4 months, and 3 days of creditable service.  Item 13 contains the following list of awards:

* Army Commendation Medal (ARCOM) (2nd Award)
* NDSM
* ASR
* OSR (2nd Award)
* Armed Forces Reserve Medal (AFRM) with "M" Device
* Parachutist Badge
* Global War on Terrorism Service Medal
* ICM

9.  Item 14 of the 11 January 2006 DD Form 214 contains the entry "None."  Item 18 (Remarks) includes an entry which shows the applicant served in Iraq from 11 December 2004 to 26 November 2005.

10.  The applicant provides three certificates which cited the following orders and announced his award of the AAM for the reasons indicated:

	a.  30th Engineer Battalion, Fort Bragg, North Carolina, Permanent Orders Number 192-01, dated 10 July 2002, for meritorious service from 17 April 1999 through 15 August 2002;

	b.  Permanent Orders Number 82-11, dated 23 March 2003, for exceptional achievement from 19 to 23 March 2003; and

	c.  101st Sustainment Brigade, Permanent Orders Number 3319-01, date unknown, for meritorious achievement during the period 15 June 2005 through 30 October 2005.

11.  The applicant provides two certificates which cited the following orders and announced his award of the ARCOM for the reasons indicated:

	a.  6th Cavalry Brigade, Permanent Orders Number 220-01, dated 8 August 2005, for exceptionally meritorious service from 19 September 2002 to 16 August 2003; and

	b.  917th Corps Support Group, Permanent Orders Number 05-225-029, dated 13 August 2005, for meritorious service from 16 December 2004 to 15 December 2005.

12.  The applicant provides a Certificate of Training which shows he successfully completed 40 hours training in the Combat Lifesaver Certification Course during the period 28-31 January 2003.

13.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 provides guidance on award of the ICM, which was authorized on 28 May 2004.  It states it is authorized for members who served in direct support of Operation Iraqi Freedom during the period from 19 March 2003 to a date to be determined.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  It further states that a bronze service star is authorized with this award for any campaign a member is credited with participating in.

14.  Paragraph 2-18 of Army Regulation 600-8-22 contains guidance on award of the GWOTEM.  It states it is authorized to members who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Approved operations include Operations Enduring Freedom and Iraqi Freedom and specific areas of eligibility are identified.  The authorized areas of eligibility include Iraq.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214 and it states to list awards and decorations for all periods of service in the priority sequence specified in item 13.

16.  Paragraph 2-4h(14) of Army Regulation 635-5 provides instructions for completing item 14 of the DD Form 214.  It states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in this item.  It further states this information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  Informal research revealed that the Combat Lifesaver Certification Course is a basic medical care course for unit non-medical personnel.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to add three AAM's, the GWOTSM, and the Combat Lifesaver Certification Course and to delete the ICM.

2.  The evidence of record confirms the applicant served in Iraq from 11 December 2004 to 26 November 2005 as evidenced by his final DD Form 214.  Therefore, he is eligible for the ICM or GWOTEM, but not both.  Accordingly, based on his Iraqi service and his request for the GWOTEM, it would be appropriate to correct item 13 of DD Form 214 to delete the ICM and to add the GWOTEM to his record and DD Form 214 at this time.

3.  The applicant provides award certificates that confirm he was awarded three AAM's and two ARCOM's during his military service.  The certificates further confirm these awards were authorized and announced in official orders.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.

4.  The GWOTSM is currently listed on the applicant's 11 January 2006 DD Form 214.  Accordingly, this portion of the applicant's request was previously accomplished and no further action is required.

5.  The evidence of record confirms the applicant was awarded the AGCM, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar as evidenced by his 24 October 2003 DD Form 214.  However, neither of these awards are listed on his final DD Form 214 issued on 11 January 2006 and should be added at this time.

6.  By regulation, all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in item 14 with the exception of combat-skills courses.  It appears the Combat Lifesaver Certification Course was viewed to be combat-skills course during the applicant's separation processing and as a result was omitted from the DD Form 214 in compliance with the regulatory guidance.  However, informal research revealed that this course is a basic medical care course for unit non-medical personnel.  Thus, it would be appropriate to add this course to his DD Form 214 at this time.


BOARD VOTE:

____x____  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 11 January 2006 DD Form 214 to:

	a.  delete the ICM from item 13;

	b.  add the ARCOM (2nd Award), the AAM (3rd Award), the AGCM, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar to item 13;

	c.  add the entry "Combat Lifesaver Certification Course-1 week-January 2003" to item 14; and

	d.  provide him a correction to his DD Form 214 that includes these changes.



      _____________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)                                         AR20090020437



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ABCMR Record of Proceedings (cont)                                         AR20090020437



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