IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100011144 


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 completion of the combat engineer course and to include his combat (expeditionary) medals and Global War on Terror (GWOT) awards.

2.  The applicant states his DD Form 214 should reflect his completion of the military occupational specialty (MOS) 12B (Combat Engineer) course and it should also include his combat and GWOT awards.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 14 June 2000.  His DA Form 2-1 (Personnel Qualification Record) shows, in item 5 (Overseas Service), that he completed an overseas tour in Korea from 
30 November 2000 through 29 November 2002.  No other overseas service is documented in item 5.

3.  Item 17 (Civilian Education and Military Schools) of the applicant’s DA Form 
2-1 confirms he completed the 13-week MOS 12B course at Fort Leonard Wood, MO and he was awarded MOS 12B in the year 2000.

4.  On 2 October 2003, the applicant was honorably released from active duty (REFRAD), in the rank/grade of private first class (PFC)/E-3, after completing
3 years, 3 months and 19 days of active military service.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

5.  Item 14 (Military Education) of the applicant’s DD Form 214 contains the entry “None//Nothing Follows” and item 18 documents no overseas deployed service.  

6.  During the process of this case the Defense Finance and Accounting Service (DFAS) verified that 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 31 March 2003 through 22 June 2003 for Kuwait.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-18 provides guidance on the Global War on Terrorism Expeditionary Medal (GWOTEM).  It states it is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the GWOT operations on or after 11 September, 2001 to a date to be determined and who complete 30 consecutive or 60 nonconsecutive days of service in an authorized AOE.  Initial award of the GWOTEM was limited to members who were deployed to authorized AOE's in support of Operation Enduring Freedom and Operation Iraqi Freedom.  Kuwait was a designated AOE.


8.  Paragraph 2-19 of the awards regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM).  It states the award is authorized for award to members of the Armed Forces of the United States who have participated in the GWOT operations outside of the designated AOEs on or after 11 September 2001 to a future date to be determined. 

9.  Paragraph 2-20 of the awards regulation contains guidance on award of the Korea Defense Service Medal (KDSM).  It states it is authorized or awarded to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, 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 preparation instructions for the DD Form 214.  The instructions for item 13 state to list awards and decorations for all periods of service.

11.  The instructions for item 14 of the DD Form 214 contained in the same regulation state to list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  It further states the information in item 14 is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  It further states when in doubt the course’s usefulness to the Soldier after transitioning from the Army should be determined.  It also refers to the American Council on Education (ACE) Guide to the Evaluation of Educational Experience in the Armed Services for commonly accepted course titles and descriptions.  The ACE guide provides the following description for MOS 12B:

Engages in construction and demolition activities.  Uses hand tools and engineering tools; operates a dump truck; assists with excavation, earthmoving, rigging, and concrete work.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that item 13 and item 14 of his DD Form 214 should be corrected to reflect all GWOT awards he earned and his completion of the MOS 12B combat engineer course has been carefully considered and found to have merit.  The evidence of record confirms he is eligible for the GWOTSM based on his qualifying active service outside of an AOE after 11 September 


2001, the GWOTEM based on his qualifying service in Kuwait during the period 31 March 2003 through 22 June 2003, and the KDSM based on his qualifying service in Korea.  Therefore, it would be appropriate correct item 13 of his
DD Form 214 to show these awards.

2.  The applicant’s record also confirms he completed the 13-week MOS 12B combat engineer course in 2000, and the ACE description of MOS 12B confirms it could be useful to the applicant in gaining civilian employment.  As a result, it would be appropriate to correct item 14 of his DD Form 214 to show this course. 

3.  The applicant’s claim of eligibility for combat awards has also been carefully considered.  His record fails to show he served in active combat during his active duty tenure.  As a result, there is an insufficient evidentiary basis to support granting this portion of his requested relief.

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 to item 13 of his DD Form 214 the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Korea Defense Service Medal, and

	b.  deleting from item 14 of his DD Form 214 the entry "None" and replacing it with the entry “Combat Engineer (12B), 13 weeks, 2000.”

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 combat awards 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.

ABCMR Record of Proceedings (cont)                                         AR20100011144



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ABCMR Record of Proceedings (cont)                                         AR20100011144



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