IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100014001 


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 reflect his:

	a.  deployments to Iraq in 2007 and New Orleans in 2005;

	b.  completion of the Combatives Trainer Course - Level I; and

	c.  his awards of the Army Achievement Medal (AAM), Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), Humanitarian Service Medal (HSM), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar (reflected as MQBSS-GR on his Enlisted Record Brief (ERB)).

2.  The applicant states that he discovered these errors when he began
out-processing but due to the short amount of time he had prior to separation he could not get them corrected.

3.  The applicant provides:

* his DD Form 214
* his ERB
* a DA Form 3517-R (Hand Grenade Qualification Scorecard)
* a certificate of training for the 40-hour Combatives Trainer Course - Level I


* a DA Form 638 (Recommendation for Award) awarding him the AAM
* a memorandum awarding him the HSM
* a Certificate of Achievement for support of Operation Joint Task Force Katrina
* orders awarding him the Combat Infantryman Badge (CIB) in Iraq
* orders awarding him the Good Conduct Medal
* orders deploying him to Iraq in support of Operation Iraqi Freedom
* his Soldier Deployment History Out-processing Report

CONSIDERATION OF EVIDENCE:

1.  The applicant requested that the GWOTSM and the ASR be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the GWOTSM and the ASR.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

2.  The applicant enlisted in the Regular Army on 8 July 2004 for a period of
5 years.  He completed his one-station unit training as a light weapons infantryman and his parachute training at Fort Benning, GA.  He was then transferred to Fort Bragg, NC for his first and only permanent duty assignment.

3.  The applicant attended and completed the 40-hour Combatives Trainer Course - Level I during the period 28 February to 4 March 2005.  Combatives training are the techniques and tactics useful to Soldiers involved in hand-to-hand combat (Field Manual (FM) 3-25.150 (Combatives)).

4.  On 23 November 2005, Permanent Order Number 327-354, issued by
3d Battalion, 505th Parachute Infantry Regiment awarded the applicant the AAM  for meritorious service in support of Task Force 3 Panther in response to Hurricane Katrina in New Orleans from 4 September to 1 October 2005.  On
9 December 2005 he was awarded the HSM for supporting relief efforts for Hurricanes Katrina and Rita from 29 August to 13 October 2005 in the areas of Louisiana and Mississippi.

5.  The applicant deployed with his unit to Iraq in support of Operation Iraqi Freedom (OIF) from 4 January 2007 to 17 March 2008 for a period of 1 year,
2 months, and 14 days.

6.  Permanent Orders Number 327-151, issued by Headquarters, 2d Brigade Combat Team (BCT), Fort Bragg, dated 11 April 2008, awarded the applicant the Army Commendation Medal (ARCOM) for meritorious service during the period
4 January 2007 to 4 April 2008.

7.  Permanent Orders Number 159-07, issued by Headquarters, 1st BCT, 82d Airborne Division, Fort Bragg, awarded the applicant the ARCOM for meritorious service during the period 18 March 2006 to 8 July 2009.

8.  On 7 July 2009 the applicant was honorably released from active duty (REFRAD) due to completion of required service.  He had served 5 years of total active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the ARCOM, Army Good Conduct Medal, National Defense Service Medal, GWOTSM, ASR, CIB, and the Parachutist Badge.

9.  Block 12f (Foreign Service) of his DD Form 214 reflects no foreign service.  Block 14 (Military Education) reflects no military education and block 18 (Remarks) does not reflect any deployments. 

10.  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 for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, 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; and

	c.  item 14, list formal in-service training courses successfully completed by the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

	d.  item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

11.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area 


out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq, the applicant participated in the following two campaigns:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

12.  Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours.  Normal tour completion for a tour in Iraq is a minimum of 11 cumulative months or 9 continuous months in a Temporary Change of Station/Temporary Duty (TCS/TDY) status.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his awards of the AAM, ICM, HSM, OSR, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar are missing from his DD Form 214 has been noted and found to have merit.  Not only does his ERB reflect these awards, he has provided sufficient evidence to establish that he is entitled to the awards.  Accordingly, his DD Form 214 should be corrected to reflect his awards of the:

* AAM
* ICM with two bronze service stars
* HSM
* OSR
* Sharpshooter Marksmanship Qualification Badge with Grenade bar

2.  Additionally, the applicant was awarded two awards of the ARCOM.  Accordingly, his DD Form 214 should be corrected to reflect the ARCOM (1st oak leaf cluster) instead of the ARCOM that is currently shown on his DD Form 214.

3.  The applicant’s contention that his two deployments are not reflected on his DD Form 214 has been noted and found to have partial merit.  The requirement is to list deployments to foreign countries.  His humanitarian deployment to New Orleans does not meet the intent of the regulation requiring entries for deployment on the DD Form 214.  However, his deployment to Iraq meets the intent and requirements of the regulation and should be reflected on his DD Form 214 as “Service in Iraq from 20070104 - 20080317.”

4.  It is also noted that the applicant served 1 year, 2 months, and 14 days of foreign service and that information should be reflected in item 12f of his
DD Form 214.

5.  The applicant’s contention that his completion of the Combatives Trainer Course should be entered on his DD Form 214 has been noted and found to lack merit.  This course is a combat skills course and is not authorized for entry on the DD Form 214 in accordance with the applicable regulations.  Accordingly, there is no basis to add that course to his DD Form 214. 

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 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0001  02  14";

	b.  deleting from item 13 of his DD Form 214 the Army Commendation Medal;

	c.  adding to item 13 of his DD Form 214 the Army Commendation Medal
(1st oak leaf cluster), Army Achievement Medal, Iraq Campaign Medal with two bronze service stars, Humanitarian Service Medal, Overseas Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar; and

	d.  adding to item 18 of his DD Form 214 the entry “Service in Iraq from 20070104 - 20080317.”

2.  The Board further determined that the evidence presented was 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 his deployment to New Orleans in 2005 and his completion of the Combatives Trainer Course.



      ____________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)                                         AR20100014001



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ABCMR Record of Proceedings (cont)                                         AR20100014001



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