IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100015385


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended by:

	a.  deleting from item 11 (Primary Specialty) "4 YRS-3 MOS" and adding
"4 YRS-6 MOS-17 DAYS";

	b.  adding to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Overseas Service Ribbon (2nd Award), Iraq Campaign Medal, Combat Spurs, and Shoulder Sleeve Insignia for Former Wartime Service (SSI-FWTS);

	c.  adding to item 14 (Military Education) German Army Sniper course,            3 Weeks, March 2001; and Combat Lifesaver Course, 1 Week, March 2001; and 

	d.  adding to item 18 (Remarks) his dates of deployment to Iraq "1 April 2003 to 1 August 2003."

2.  The applicant states, in effect, his DD Form 214 does not properly reflect his overseas service, awards and decorations, and military education.  He states he came out of Iraq early due to the lifting of "Stop Loss" and he believes he was rushed out of service by garrison personnel.  He states that errors on his DD Form 214 may pose a problem as he attempts to obtain government employment.    


3.  The applicant provides:

* DD Form 214
* Memorandum for Record
* Certificate of Training, Combat Lifesaver Course
* Teaching Certificate

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 for 4 years on 14 May 1999.  He completed one station unit training and was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E4.

3.  Records show he served overseas from 12 October 1999 to 8 October 2001.  He was assigned to the E Troop, 4th Cavalry Regiment, 2nd Brigade, 1st Infantry Division (Mechanized), based in Schweinfurt, Germany.  

4.  He was honorably released from active duty on 30 November 2003 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  He was credited with 2 years, 9 months, and 8 days of active service.

5.  Item 11 of his DD Form 214 shows: 19D1O 00 Cavalry Scout - 4 YRS-3 MOS.

6.  Item 13 of his DD Form 214 shows:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Silver German Army Marksmanship Badge

7.  Item 14 of his DD Form 214 shows:

* Cavalry Scout Course, 16 Weeks, Sep 1999
* Field Sanitation Training, 1 Week, Jan 2002
* Combat Lifesaver Course, 1 Week, Jul 2002
* German Headstart, 2 Weeks, Nov 1999

8.  Item 18 of his DD Form 214 shows he was deployed in support of Operation Iraqi Freedom from 1 April 2003 to 23 July 2003.  During this deployment he was assigned to the 2nd Squadron, 2nd Armored Cavalry Regiment.

9.  The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for Kuwait from 2 April 2003 to 24 July 2003.

10.  The applicant provides:

	a.  Memorandum for Record, dated 8 October 2003, from his war-time unit commander, who states, in effect, the applicant served honorably in support of Operation Iraqi Freedom (OIF) from 1 April 2003 to 1 August 2003 and he is entitled to wear the SSI-FWTS, Overseas Service Bar, and Combat Spurs; and  

	b.  Certificate of Training from the 1-77 Battalion Aid Station, for the Combat Lifesaver Course, for 19 March 2001 to 21 March 2001 (40 Hours).  

	c.  A foreign document, printed in the German language, that unofficially translates to Certificate, 353rd Hunter Training Battalion, as a reminder of sniper training from 3/12/2001 to 3/30/2001.

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 
60 nonconsecutive days are authorized the GWOTSM. 
	b.  the Iraq Campaign Medal is awarded to members who 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 Iraq Campaign Medal 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.  Approved campaigns are:

* 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)

	c.  the Overseas Service Ribbon is awarded 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.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30 (Overseas Service) apply).

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and provides:

	a.  In item 11, list 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;

	b.  In item 13, list awards and decorations for all periods of service in priority sequence.  Do not use abbreviations;

	c.  In item 14, list education and training completed for the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed; and

	d.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM YYYYMMDD-YYYYMMDD."

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  Paragraph 28-17 of this regulation prescribes the authority for authorization, periods of authorization, and manner of wear for the SSI-FWTS.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 contains administrative errors was carefully considered and determined to have partial merit.  

2.  He contends that item 11 should be amended to reflect the net active service covered by his DD Form 214.  Army Regulation 635-5 requires the representation of time spent in each MOS in years and months, excluding time spent in basic and advanced individual training; therefore, his current item 11 entry is correct and he is not entitled to correction of this item.

3.  The evidence of record shows he was deployed in support of OIF from 1 April 2003 to 1 August 2003.  Award of the Overseas Service Ribbon requires 
9 months of continuous service in Iraq; therefore, he is not entitled to correction of his DD Form 214 to show this award.  

4.  Based on his Iraq service, he is entitled to the GWOTSM and the Iraq Campaign Medal with two bronze service stars representing the Liberation of Iraq Campaign and the Transition of Iraq Campaign.  These awards should be added to item 13 of his DD Form 214.

5.  The SSI-FWTS is a shoulder sleeve insignia indicating former wartime service and is worn on the uniform as prescribed in Army Regulation 670-1.  The 
SSI-FWTS is not an award or a decoration.  Therefore, there is no provision for entering the SSI-FWTS on the DD Form 214. 

6.  While the regulations governing the award of combat spurs are set by each cavalry commander (and so do not appear in the Army Regulations governing wear and appearance of uniforms and insignia or awards and decorations), the practice falls under what the Army officially recognizes as a tradition.  Therefore, there is no provision for entering the award of combat spurs on the DD Form 214.

7.  He submitted a Certificate of Training for the Combat Lifesaver Course, completed in March 2001.  His DD Form 214 contains a similar entry in item     14 for the Combat Lifesaver Course, completed in 2002.  He did not address whether or not the 2002 entry is incorrect and only one entry pertaining to completion of the Combat Lifesaver Course is necessary.  Therefore, there is no basis for granting relief.  

8.  He submitted a document, printed in the German language that unofficially translates to Certificate, 353rd Hunter Training Battalion, as a reminder of sniper training from 3/12/2001 to 3/30/2001; however, this training conflicts with the Combat Lifesaver Course training discussed above, insofar as the training dates overlap.  The dates on the German certificate are inconsistent with the dates on the Combat Lifesaver Course certificate.  In the absence of additional documentary evidence, there is insufficient evidence to grant the requested relief. 

9.  He contends that item 18 should be amended to show his deployment dates from 1 April 2003 to 1 August 2003.  His previous commander states he served in the OIF area of operations from 1 April 2003 to 1 August 2003; however, these dates are inconsistent with DFAS records.  In the absence of clarifying documentation, there is insufficient evidence to grant the 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 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 adding the GWOTSM and the Iraq Campaign Medal with two bronze service stars to item 13 of his DD Form 214.

2.  The Board further determined 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:

* amending item 11 of his DD Form 214
* amending item 13 of his DD Form 214 to show the Overseas Service Ribbon (2nd Award), SSI-FWTS, and Combat Spurs
* amending item 14 of his DD Form 214 to show completion of the Combat Lifesaver Course in 2001
* amending item 14 of his DD Form 214 to show completion of German Army Sniper course
* amending item 18 of his DD Form 214 to reflect "SOLDIER WAS DEPLOYED IN SUPPORT OF OPERATION IRAQI FREEDOM FROM     1 APRIL 2003 TO 1 AUGUST 2003"



      _____________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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20100015385



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