BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100014931


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) for the period ending 17 March 2010.

2.  The applicant states, in effect, that the following data fields are incorrect on his most recent DD Form 214:

* item 7b, home of record (HOR) at time of entry - should be amended to     85 C___ Street, N___ R___, MA  01864  
* item 11, years and months in primary specialty - should be amended to    5 years, 10 months
* item 13, decorations - number of Army Commendation Medals should be amended to 3 and the number of Good Conduct Medals should be amended to 2
* item 18, service in Iraq - should be amended to read Service in Iraq  20060813 to 20071102 and 200901 to 201001

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 September 2003.  
Records show he completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 19K (Armor Crewman).  On 8 November 2005, the applicant was separated honorably and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  The applicant completed 2 years, 1 month, and 22 days of creditable active service during this period of service.  Item 11 of the applicant's DD Form 214, for the period of service ending 8 November 2005, shows he held MOS 19K for 1 year and 9 months.  His HOR is shown as N___ R___ MA.

2.  On 15 June 2006, after a break in service, the applicant again enlisted in the Regular Army, for a period of 3 years, at the Denver, CO, Military Entrance Processing Station (MEPS).  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his HOR as Colorado Springs, CO.  The applicant signed the DD Form 4, verifying the accuracy of the information contained therein.  

3.  On 17 March 2010, the applicant was separated honorably and transferred to the USAR Control Group (Reinforcement).  The applicant completed 3 years,      9 months, and 3 days of creditable active service during this period of service.  Item 11 of his DD Form 214 shows he held MOS 19K for 3 years and 9 months.  His HOR is shown as an address in Colorado Springs, CO.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s last DD Form 214 shows he was awarded the following:

* Iraq Campaign Medal with Two Campaign Stars
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon 
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Combat Action Badge

5.  Permanent Orders 269-01, Headquarters, 502nd Military Intelligence Battalion, dated 26 September 2007, awarded the applicant the Good Conduct Medal (1st Award), for the period 17 September 2003 to 8 November 2005.  There are no other Good Conduct Medal award orders in the applicant's available records.

6.  The applicant’s record is void of any derogatory information, or of a unit commander's disqualification, that would have precluded him from receiving a subsequent award of the Good Conduct Medal.
  
7.  Permanent Orders 116-30, Headquarters, 504th Military Intelligence Brigade, dated 10 November 2007, awarded the applicant the Army Commendation Medal for the period 12 October 2006 to 10 November 2007.  There are no other Army Commendation Medal award orders in the applicant's available records.

8.  Records show the applicant served on two overseas combat deployments, from 5 August 2004 to 1 August 2005 and from 13 August 2006 to 2 November 2007.  The applicant's DA Form 2166-8 (NCO Evaluation Report (NCOER)), for the period 1 December 2008 to 30 November 2009, shows his duty station as Camp Taji, Iraq.  

9.  Army Regulation 600-8-22 (Military Awards) provides that 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.  A clasp is authorized for wear on the Army Good Conduct Medal to denote a second or subsequent award.

10.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 635-5 (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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It further provides:  

     a.  paragraph 2-4h(7)(b) states that Item 7a of the DD Form 214 documents the city, state, and zip code where the Soldier entered active duty.  The Soldier's HOR is defined as the Soldier's HOR at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulation, Volume 1, Appendix A, Part I).  HOR is not always the same as the legal domicile as defined for income tax purposes. A Soldier's legal domicile may change during their career.
     b.  paragraph 2-4h(11) states that Item 11 of the DD Form 214 documents the titles of all MOSs served in for at least 1 year, with the number of years and months served.  For time determination 16 days or more count as a month.  Time spent in basic training and advanced individual training are not counted.

     c.  paragraph 2-4h(13) states that Item 13 of the DD Form 214 documents the decorations, medals, badges, citations, and campaign ribbons awarded or authorized.  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.  

     d.  paragraph 2-4h(18) states that Item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Good Conduct Medal for the period 17 September 2003 to 8 November 2005.  The applicant’s record is void of any derogatory information, or of a unit commander's disqualification, that would have precluded him from receiving a subsequent award of the Good Conduct Medal.  Therefore, the applicant is entitled the award of the Good Conduct Medal (2nd Award) and to have his DD Form 214 corrected to show this award.  

2.  The applicant contends that item 7b of his last DD Form 214 should reflect the HOR he maintained during his first term of enlistment.  Army Regulation 635-5 states that the information contained within the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, and defines a Soldier's HOR as the HOR they maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour of active duty.  Records show that the applicant's HOR of Colorado Springs, CO was the same HOR recorded on his June 2006 enlistment contract.  Therefore, it appears his HOR was accurately reflected on his DD Form 214 and there is no basis to change item 7b.

3.  The applicant contends that item 11 of his DD Form 214 should reflect the total amount of time spent in his primary MOS.  The number of years and months listed in item 11 of the applicant's DD Form 214 corresponds to the number of years and months reflected in item 12c (Net Active Service this Period).  Therefore, there is no basis to change item 11 of the applicant's DD Form 214.


4.  The applicant contends that item 13 of his DD Form 214 should reflect three awards of the Army Commendation Medal.  The applicant's available record contains only one award of the Army Commendation Medal, and he did not provide any additional orders.  Therefore, there is no basis to change item 13 of the applicant's DD Form 214.

5.  The applicant contends that item 18 of his last DD Form 214 should reflect the total amount of time spent in Iraq.  The applicant's available record credits him with two separate and distinct combat deployments.  The applicant contends that he served in Iraq from January 2009 to January 2010, as substantiated by his NCOER for that period; however, there is no evidence in the available records to specifically substantiate the beginning and ending dates of this combat deployment.  Absent evidence which clearly defines the periods spent in Iraq, the requested correction cannot be completed at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____x____  ___x_____  _____x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 awarding him the Good Conduct Medal (second award) for the period 15 June 2006 to 14 June 2009 and adding it to his March 2010 DD Form 214.

2.  The Board further determined 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 correcting the applicant's DD Form 214 to 

change item 7b, change item 11, change item 13, or change item 18 of his last 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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20100014931



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