IN THE CASE OF:	  

		BOARD DATE:	  21 December 2011

		DOCKET NUMBER:  AR20100016456 


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 16 December 2009 to show the following:

* Joint Service Commendation Medal (JSCM)
* Army Commendation Medal (ARCOM) (First Oak Leaf Cluster)
* Army Achievement Medal (AAM) (Second Oak Leaf Cluster)
* Army Good Conduct Medal (AGCMDL)
* Foreign service in item 12f (Foreign Service) as 2 years, 2 months, and 6 days total overseas service

2.  He states the following:

* The awards were received while he was on active duty, but he did not obtain appropriate documentation until after he was discharged
* He received his first award of the AAM in 1984 and it is reflected on his DD Form 214 for that period of service
* He received his second award of the AAM in the North Carolina Army National Guard (NCARNG) in 1996, but he was not issued a DD Form 214 to reflect this award
* He received his third award of the AAM in 2005, but the DA Form 638 (Recommendation for Award) erroneously reflects the entry “3OLC” [denoting four awards of the AAM]
* He received the AGCMDL for enlisted service during his first period of active duty and the order awarding this award was published after he had departed his active duty station for terminal leave
* His DD Form 214 should reflect all of his foreign service during his career
* He had 15 months and 4 days in Germany on his first tour of active duty and it is reflected on his DD Form 214 for that period of service
* His foreign service in Germany was not added to his last DD Form 214 and he did not see the error at the time of out-processing

3.  He provides the following documents in support of his application:

* DD Form 214 for the period ending 16 December 2009
* DD Form 214 for the period ending 2 December 1984
* JSCM award certificate, dated 9 June 2009
* Orders for award of the JSCM, dated 18 June 2009, and narrative
* Four DA Forms 638
* Amendment orders for the AGCMDL, dated 19 November 1984

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 December 1982.

2.  Headquarters (HQ), U.S. Army, Berlin, Permanent Order 171-3, dated 19 November 1984, amended Permanent Orders 168-4, dated 9 November 1984, to show he was awarded the AGCMDL (First Award) from 3 December 1982 to 2 December 1984.  Permanent Orders 168-4, dated 9 November 1984, are not available.  

3.  He was released from active duty on 2 December 1984.  His DD Form 214 for the period ending 2 December 1984 shows award of the Army Service Ribbon, Army of Occupation Medal (Berlin), and one award of the AAM.  This DD Form 214 also shows he completed 1 year, 3 months, and 4 days of foreign service.  

4.  He enlisted in the NCARNG on 24 April 1993.  

5.  His DA Form 638, dated 17 June 1996, shows he was awarded the AAM (First Oak Leaf Cluster) for meritorious achievement from 8 June 1996 through 22 June 1996 by HQ, 130th Signal Battalion, Asheville, NC, Permanent Order Number 04-05, dated 5 December 1996.   

6.  He was discharged from the NCARNG on 17 March 1998.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows, in part, two awards of the AAM.  
7.  He was appointed as a Reserve commissioned officer on 8 November 2001.  He was ordered to active duty on 8 February 2005 in support of Operation Enduring Freedom.  

8.  His remaining three DA Forms 638 show he was awarded the following:

   a.  AAM (Third Oak Leaf Cluster) for meritorious achievement from 1 December 2005 to 10 December 2005 by Task Force Marshall, HQ, Victory Brigade, Fort Jackson, SC, Permanent Order Number 349-07, dated 16 December 2005
   
   b.  ARCOM for meritorious achievement from 1 October 2006 to 1 February 2007 by HQ, Victory Brigade, Fort Jackson, SC, Permanent Order Number 
068-01, undated 
   
   c.  ARCOM for meritorious service from 8 February 2005 to 18 July 2008 by HQ, U.S. Army Training Center and Fort Jackson, Permanent Order Number 077-03, dated 24 August 2009.
   
9.  He was awarded the JSCM for meritorious service from 30 July 2008 to 18 July 2009 by HQ, U.S. Forces – Afghanistan, Permanent Order Number 
160-013, dated 18 June 2009.

10.  He was released from active duty on 16 December 2009.  His DD Form 214 for the period ending 16 December 2009 shows the following awards and decorations:

* Afghanistan Campaign Medal with bronze service star
* AAM (Second Award)
* Army Reserve Components Achievement Medal
* Army of Occupation Medal
* National Defense Service Medal (Second Award)
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with “M” Device
* North Atlantic Treaty Organization (NATO) Medal

11.  Item 12 of his DD Form 214 for the period ending 16 December 2009 shows 11 months and 2 days of foreign service.  Item 18 (Remarks) shows the entry “SERVICE IN AFGHANISTAN 20080729-20090630.”

12.  In an email, dated 28 October 2010, the Defense Finance and Accounting Service (DFAS) indicated he received hostile fire pay (HFP)/imminent danger pay (IDP) and Combat Zone Tax Exclusion (CZTE) for the periods 4 December 2006 through 10 December 2006 for Kuwait and 27 July 2008 through 31 July 2009 for Afghanistan.

13.  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.  Section 2-1 provides instructions for preparation of the DD Form 214 and states:

	a.  Item 12f - From the Enlisted Record Brief/Officer Record Brief, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).

	b.  Item 13 (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 (Military Awards).  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the JSCM on 18 June 2009; therefore, this decoration should be added to his DD Form 214 for the period ending 16 December 2009.

2.  Orders cited on his DA Forms 638 show he was awarded two awards of the ARCOM.  Therefore, his DD Form 214 for the period ending 16 December 2009 should be amended to reflect the ARCOM (Second Award).

3.  His DD Form 214 for the period ending 16 December 2009 currently reflects the second award of the AAM.  His service record shows he received the first AAM during his period on active duty from 3 December 1982 through 2 December 1984, the second AAM on 17 June 1996, and the third on 16 December 2005.  

4.  His service record is void of evidence which indicates he received a fourth award of the AAM.  

5.  His DA Form 638 shows he was awarded the AAM (Third Oak Leaf Cluster); which denotes four awards of the AAM.  However, in the absence of evidence indicating he received a fourth award of the AAM, it would be appropriate to amend his DD Form 214 for the period 16 December 2009 to reflect a third award of the AAM.  

6.  Amendment orders published on 19 November 1984 show he was awarded the AGCMDL (First Award) for the period 3 December 1982 to 2 December 1984.  This evidence is accepted as sufficient as a basis to amend his DD Form 214 for the period ending 16 December 2009 to show the AGCMDL (First Award).

7.  His request for correction of his last DD Form 214 to show all of his foreign service during his career is acknowledged.  However, Army Regulation 635-5 directs that only the amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f.  Therefore, there is no basis for adding his 15 months and 4 days of foreign service in Germany to item 12f on his DD Form 214 for the period ending 16 December 2009.  

8.  His DD Form 214 for the period ending 16 December 2009 shows he served in Afghanistan from 29 July 2008 to 30 June 2009 and 11 months and 2 days of foreign service is reflected in item 12f.  His military pay records show he also served in Kuwait from 4 December 2006 through 10 December 2006 (7 days).  Therefore, his DD Form 214 for the period ending 16 December 2009 should be amended to include his service in Kuwait.  

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 the DD Form 214 for the period ending 16 December 2009 of the individual concerned be corrected by:

	a.  deleting the AAM (Second Award) from item 13 and replacing it with the AAM (Third Award);

	b.  amending item 13 to add the JSCM, ARCOM (Second Award), and AGCMDL (First Award), 

	c.  amending item 12f to show 11 months and 9 days; and

	d.  amending item 18 to show the entry “SERVICE IN KUWAIT FROM 20061204 – 20061210.”

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 showing 2 years, 2 months, and 6 days total foreign service.




      _______ _   _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)                                         AR20100016456





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ABCMR Record of Proceedings (cont)                                         AR20100016456



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