IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100011452 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his two awards of the Army Commendation Medal (ARCOM), Driver and Mechanic Badge with Driver "W" and Mechanic Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Machinegun Bar; his Additional Skill Identifier (ASI) for track vehicle recovery; and correspondence course completions. 

2.  The applicant states he did not have the documentation with him at the time of his release from active duty (REFRAD) but was informed that they could be added at a later date.  He goes on to state that he is most concerned with his weapons qualifications because he is attempting to obtain a concealed carry permit in Colorado.

3.  The applicant provides a copy of a DA Form 1059 (Service Academic Evaluation Report) for attendance at the Track Vehicle Recovery Specialist
(ASI - H8) course, a copy of his Enlisted Record Brief (ERB), a copy of his
DD Form 214, copies of orders awarding him the Driver with "W" Bar [for wheeled vehicles] and Mechanic Badge, copies of orders awarding him two awards of the ARCOM, and correspondence course completion certificates.

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 enlisted in the Regular Army in Denver, CO on 30 April 2002 for a period of 3 years and training as a track vehicle repairer.  He completed his basic training at Fort Knox, KY and his advanced individual training (AIT) at Aberdeen Proving Ground, MD before being transferred to Fort Hood, TX.  He was advanced to the pay grade of E-4 on 3 September 2003.

3.  The applicant attended and completed the Track Vehicle Recovery Specialist (ASI - H8) course at Fort Hood for a period of 3 weeks from 5 January to
23 January 2004.

4.  He deployed to Iraq in support of Operation Iraqi Freedom from 6 March 2004 to 14 March 2005.

5.  On 31 May 2005, he was honorably REFRAD due to completion of required service.  He had served 3 years, 1 month, and 1 day of total active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD shows the Army Lapel Button, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, National Defense Service Medal, and the Army Service Ribbon.

6.  Item 11 (Primary Specialty) of the applicant’s DD Form 214 does not reflect his award of ASI - H8.  Item 13 of his DD Form 214 does not reflect his two awards of the ARCOM or the Driver with "W" Bar and Mechanic Badge.  Additionally, Item 14 (Military Education) of his DD Form 214 does not reflect his completion of the Track Vehicle Recovery Specialist (ASI - H8) course at Fort Hood for a period of 3 weeks in January 2004.

7.  A review of the applicant’s official records failed to reveal any orders for weapons qualification.  His records are also void of any derogatory information or action taken by the applicant’s commanders to deny him the first award of the Army Good Conduct Medal.
8.  Orders provided by the applicant show he was awarded two awards of the ARCOM, and the Driver and Mechanic Badge with Driver "W" and Mechanic Bar.

9.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that 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.

10.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  The following is a clarification statement provided by the proponent of this regulation.  It states “Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a Temporary Change of Station/Temporary Duty (TCS/TDY) status get credit for a completed short tour per Army Regulation 614-30, Table 3-2, rules 5 and 7.  Iraq is considered an isolated area where a tour length has not been established by the Department of Defense (DOD); therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in PCS status.  Overseas tour lengths can be found at
Table 1, Appendix Q, Joint Federal Travel Regulations (JFTR), Volume 1; however, there is no designated tour length for Iraq listed.”

11.  Army Regulation 600-8-22 states 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.

12.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

13.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that only resident courses that are
40 hours in duration or longer may be entered on the DD Form 214.  Correspondence courses are not authorized for entry on the DD Form 214 unless they require some resident attendance as a condition of successful completion.

DISCUSSION AND CONCLUSIONS:

1.  While it is understood that the applicant had to qualify with a weapon during his service, there are no orders or annotations in his records to indicate what his weapons qualifications consisted of.  Accordingly, no weapons qualifications can be determined or entered at this time.  Additionally, correspondence courses are not authorized for entry on the DD Form 214 unless the course required formal attendance of some kind.  Accordingly, there is no basis to enter those courses on his DD Form 214.

2.  The applicant has provided orders which show that he was awarded the ARCOM with first oak leaf cluster and the Driver and Mechanic Badge with Driver "W" and Mechanic Bar.  Accordingly, his DD Form 214 should be corrected accordingly.

3.  The applicant has also provided evidence to show that he attended and completed the Track Vehicle Recovery Specialist (ASI - H8) course for a period of 3 weeks in January 2004.  Accordingly, item 11 and item 14 of his DD Form 214 should be appropriately corrected to show his completion of the Track Vehicle Recovery Specialist (ASI - H8) course for a period of 3 weeks in January 2004.

4.  The applicant completed a qualifying tour in Iraq; therefore, he is entitled to the Overseas Service Ribbon and correction of his DD Form 214 to show this ribbon.

5.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the Army Good Conduct Medal for his service from 30 April 2002 through 29 April 2005.  His record is void of any derogatory information or a commander's disqualification which would preclude the applicant from being awarded the first award of the Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT FORMAL HEARING

________  ________  ________  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. awarding him the Army Good Conduct Medal (first award) for the period    30 April 2002 through 29 April 2005;

	b.  deleting from item 11 of his DD Form 214 the entry “63H1O 00 TRACK VEH REPAIRER -- 2 YRS-10 MOS//NOTHING FOLLOWS";

     c.  entering in item 11 of his DD Form 214 the entry 63H1O H3 TRACK VEH REPAIRER -- 2 YRS-10 MOS//NOTHING FOLLOWS"

	d.  adding to item 13 of his DD Form 214 the Army Commendation Medal with first oak leaf cluster, Army Good Conduct Medal (first award), Overseas Service Ribbon, and the Driver and Mechanic Badge with Driver "W" and Mechanic Bar; and

	e.  adding to item 14 of his DD Form 214 the entry “Track Vehicle Recovery Specialist (ASI - H8) Course, 3 weeks, January 2004."

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 weapons qualifications badges and correspondence course completions to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100011452



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ABCMR Record of Proceedings (cont)                                         AR20100011452



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