IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100008253
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, correction of his records to show his Driver and Mechanic Badge with Driver-W Bar, Army Commendation Medal (ARCOM) for Operation Iraqi Freedom, the Combat Lifesaver Course, Javelin Course, Infantry Training, and his period of foreign service.
2. The applicant states, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) was incorrectly filled out and does not reflect his training, awards, and combat service in Iraq.
3. The applicant submitted the following documents in support of his application:
* Diploma for individual Infantry Training, dated 12 May 2006
* Diploma for the Javelin Course, dated 26 May 2006
* Certificate of Training for the 40-Hour Combat Lifesaver Course
* ARCOM certificate
* Permanent Orders Number 142-019
CONSIDERATION OF EVIDENCE:
1. The applicant requested that the ARCOM be added to his DD Form 214. His DD Form 214 currently shows he was awarded the ARCOM. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
2. The applicant's record shows he enlisted in the Regular Army (RA) on
19 January 2006.
3. The applicant submitted a diploma from the Infantry Training Brigade, U.S. Army Infantry School dated 12 May 2006 that shows he attended the individual infantry training program from 3 February to 12 May 2006.
4. The applicant submitted a diploma from the U.S. Army Infantry School, dated
26 May 2006, that shows he completed the Javelin Course.
5. The applicant submitted a Certificate of Training which shows during the period 28 August to 1 September 2006 he completed the 40-hour Combat Lifesaver Course.
6. The applicant submitted an ARCOM certificate which shows he was awarded the ARCOM for service during Operation Iraqi Freedom from 15 May 2007 through 25 July 2008 on Permanent Order Number 018-003, 2d Brigade Combat Team, 101st Airborne Division (Assault), Iraq, dated 18 January 2008.
7. The applicant submitted a copy of Permanent Orders Number 142-019, Headquarters, 1st Battalion, 64th Armor Regiment, 3d Infantry Division, dated
21 May 2008, which show he was awarded the "Drivers Badge: Wheel."
8. In an email to a staff of the Board, dated 13 July 2010, the Defense Finance and Accounting Service (DFAS) stated the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 13 May 2007 through 6 July 2008. His combat zone in DFAS is listed as Kuwait.
9. On 6 March 2009, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had completed a total of 3 years,
1 month, and 18 days of creditable active service.
10. Item 12f (Foreign Service) of the applicant's DD Form 214 contains the entry "0000 [years] 00 [months] 00 [days]." Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the ARCOM and the Combat Infantryman Badge. Item 14 (Military Education) shows the entry "None." Item 18 (Remarks) does not show any deployment.
11. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
12. Army Regulation 635-5 states for item 14, "List in-service training courses; title, number of weeks, year successfully completed during this period of service. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed."
13. Army Regulation 635-5 further states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.
14. A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
15. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-17 contains guidance on award of the Iraq Campaign Medal (ICM). It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq from 19 March 2003, to a future date to be determined. A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the following campaigns:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)
16. Paragraph 2-19 of the awards regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM). It states it is authorized for
30 consecutive or 60 non-consecutive days of service outside of a designated AOE from 11 September 2001 to a date to be determined.
17. Army Regulation 600-8-22 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all
members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.
18. Army Regulation 600-8-22 states 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.
19. Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.
20. Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge. Component bars are authorized for the types of vehicles and/or qualifications that include the Driver-W Bar for wheeled vehicles
21. Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid. This regulation also states combat lifesavers must be recertified every 12 months at the unit level.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was awarded the "Driver's Badge: Wheel." Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Evidence of record shows the applicant served for a qualifying period of service for award of the ICM with one bronze service star and the GWOTSM. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
3. Evidence of record shows that applicant served for a qualifying period of service for award of the NDSM, ASR, and the OSR. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
4. The evidence shows the skills attained in the Combat Lifesaver Course of instruction are not combat in nature. Therefore, since the applicant has provided his Combat Lifesaver Course completion certificate, it is appropriate to include the course in item 14 of his DD Form 214.
5. Evidence shows the applicant completed the individual infantry training and the Javelin courses. However, the governing directive, Army Regulation 635-5 states that training courses for combat skills are not to be listed on the DD Form 214. Therefore, the individual Infantry training and the Javelin courses should not be listed on his DD Form 214.
6. The evidence of record provides sufficient evidence to show the applicant served in Kuwait/Iraq in support of Operation Iraqi Freedom during the period
13 May 2007 to 6 July 2008. Therefore, he is entitled to correction of his DD Form 214 to show the following:
* item 12f of his DD Form 214 should be corrected to show the entry
* "0001 02 00" and
* item 18 should be corrected to show " SERVICE IN KUWAIT/IRAQ FROM 20070513 - 20080706."
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 from item 12 of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 02 00";
b. adding to item 12 of his DD Form 214 the Driver and Mechanic Badge with Driver-W Bar, Iraq Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon;
c. deleting the entry "None" from item 14 of his DD form 214 and replacing it with the entry "Combat Lifesaver Course/40 hours/September 2006"; and
d. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 20070513 - 20080706."
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 the individual infantry training program and the Javelin course to his DD Form 214.
____________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.
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