IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100017401 


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 records to show his military education and authorized awards.

2.  The applicant states he was medically discharged on 24 June 2002; however, his military education and awards were not accurately recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

   a.  He states he completed the Noncommissioned Officer (NCO) Professional Development, Primary Leadership Development Course on 13 March 1998.

   b.  He states he was awarded two Army Commendation Medals on 21 March 1998 and 16 May 2001, the Army Achievement Medal on 2 March 1999, Southwest Asia Service Medal on 10 November 1995, Armed Forces Service Medal on 8 March 1996, Overseas Service Ribbon for the period 1998 to 2001, United National Medal on 24 February 1999, North Atlantic Treaty Organization Medal on 14 September 2000, Expert Infantryman Badge on 10 May 1996, and Driver and Mechanic Badge with Track Vehicle Component Bar on 30 July 1997.

   c.  He states he never received the second award of the Army Good Conduct Medal for the period from October 1997 to October 2000.  

	d.  He adds that he reentered the Army on 12 July 2007 and the Personnel Service Battalion changed his DIEMS (Date Initially Entered Military Service) to update his records, but they did not update his DD Form 214.

3.  The applicant provides copies of an Academic Evaluation Report, 16 award documents, and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 12 October 1994.  Upon completion of training he was awarded military occupational specialty (MOS) 11M (Bradley Fighting Vehicle Infantryman).

2.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) that he served 36 months in U.S. Army Europe - Germany from 18 May 1998 through 17 May 2001;

   b.  item 9 (Awards, Decorations and Campaigns) the National Defense Service Medal, Army Service Ribbon, Army Achievement Medal (3rd Award), Expert Infantryman Badge, Driver and Mechanic Badge with "T" Component Bar, Southwest Asia Service Medal with one bronze service star, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar; and

   c.  item 17 (Civilian Education and Military Schools) that he completed the
13-week Infantryman course [MOS 11B] and 2-week Fighting Vehicle Infantryman course [MOS 11M] in 1995.

3.  Headquarters, 4th Personnel Services Battalion, Fort Carson, CO, Permanent Orders 253-1608, dated 10 September 1997, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 12 October 1994 to 11 October 1997.

4.  The applicant was promoted to sergeant (E-5) on 13 March 1998.

5.  Four DA Forms 2166-7 (NCO Evaluation Reports) covering the period March 1998 through March 2001 show:

   a.  the applicant passed the Army Physical Fitness Test and met the Army height and weight standards;

   b.  all of his raters rated his overall potential for promotion and/or service in positions of greater responsibility as "Among The Best"; and

   c.  all of his senior raters rated his overall performance as "1" (Successful) and his overall potential for promotion and/or service in positions of greater responsibility as "1" (Superior).

6.  The applicant was promoted to staff sergeant (E-6) on 1 February 2001.

7.  The applicant's DD Form 214 shows he was honorably discharged on 24 June 2002 based on disability with severance pay.  At the time he had completed 7 years, 8 months, and 13 days of net active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal (3rd Award), National Defense Service Medal, Southwest Asia Service Medal with one bronze service star, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

	b.  Item 14 (Military Education) shows the entry "NONE//NOTHING FOLLOWS".

	c.  Item 18 (Remarks) does not show that he deployed to any overseas locations.

8.  There is no evidence in his records that the applicant received the second award of the Army Good Conduct Medal for the period 12 October 1997 to
11 October 2000.  His records do not contain any adverse information and there is no evidence his commander denied him award of the Army Good Conduct Medal.

9.  The applicant again enlisted in the RA on 12 July 2007.

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.  There is no evidence that shows he was awarded a second award of the National Defense Service Medal, the Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, or Overseas Service Ribbon.

11.  In support of his application, the applicant provides copies of the following documents:


   a.  A Service School Academic Evaluation Report for the period 10 February through 13 March 1998 [5 weeks] that shows he successfully completed the Primary Leadership Development Course at the U.S. Army Noncommissioned Officer Academy, III Corps, Fort Carson, CO.

   b.  Headquarters, 3rd Brigade, 4th Infantry Division (Mechanized), Fort Carson, CO, Permanent Orders Number 42-12, dated 3 March 1998, that awarded the applicant the Army Commendation Medal for meritorious service from 2 February 1995 to 21 March 1998.
   
   c.  Headquarters, 2nd Brigade, 1st Infantry Division (Schweinfurt, Germany), Permanent Orders Number 115-01, dated 2 May 2001, that awarded the applicant the Army Commendation Medal for meritorious service from 18 May 1998 to 16 July 2001.

   d.  Headquarters, 3rd Basic Combat Training, 82nd Airborne Division (Iraq), Permanent Orders Number 248-130, dated 5 September 2009, that awarded the applicant the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom from 9 December 2008 to 25 February 2009.

   e.  Headquarters, 1st Battalion (Mechanized), 8th Infantry, Fort Carson, CO, Permanent Orders Number 136-29, dated 16 May 1995, that awarded the applicant the Army Achievement Medal for meritorious achievement during Operation Desert Chief X.
   
   f.  Headquarters, 1st Battalion (Mechanized), 8th Infantry, Fort Carson, CO, Permanent Orders Number 213-2, dated 29 July 1996, that awarded the applicant the Army Achievement Medal for meritorious achievement during the July Bradley Gunnery from 1 July to 19 July 1996.

   g.  Headquarters, 1st Battalion (Mechanized), 8th Infantry, Fort Carson, CO, Permanent Orders Number 207-9, dated 7 August 1997, that awarded the applicant the Army Achievement Medal for meritorious achievement during Operation "Desert Striker" from 4 July to 31 July 1997.

   h.  Headquarters, Task Force Able Sentry 1-18 Infantry, Permanent Orders Number 050-20, dated 19 February 1999, that awarded the applicant the Army Achievement Medal for meritorious achievement while deployed to the Former Yugoslav Republic of Macedonia from 1 September 1998 to 2 March 1999 in support of the United Nations Preventive Deployment Force.


   i.  Headquarters, 4th Personnel Services Battalion, Fort Carson, CO, Permanent Orders 253-1608, dated 10 September 1997, and a DA Form 4950 (The Good Conduct Medal Certificate), that awarded the applicant the Army Good Conduct Medal (1st Award) for the period of service 12 October 1994 to  11 October 1997.

   j.  Headquarters, 1st Battalion, 319th Airborne Field Artillery Regiment, Fort Bragg, NC, Permanent Orders 011-02, dated 11 January 2009, that awarded the applicant the Army Good Conduct Medal (2nd Award) for the period of service from 30 November 2005 to 1 December 2008.

   k.  U.S. Army Central Command - Kuwait, memorandum, dated 10 November 1995, with a 1-page attachment that shows the applicant met the requirements for the Southwest Asia Service Medal with one bronze service star for his participation in the Southwest Asia Cease-Fire campaign.

   l.  United Nations Preventive Deployment Force, United States (Task Force
1-18 Infantry, 1st Infantry Division), Camp Able Sentry, Petrovec, memorandum, dated 15 February 1999, that authorized the applicant the Armed Forces Service Medal for his participation in an operational deployment to the Former Yugoslav Republic of Macedonia as part of Task Force 1-18 Infantry (Operation Able Sentry) from 24 August 1998 to 24 February 1999.

   m.  United Nations award certificate that awarded the applicant the United Nations Medal for service with the United Nations Preventive Deployment Force (UNPREDEP) during the period from 24 August 1998 to 24 February 1999.

   n.  North Atlantic Treaty Organization (NATO) Certificate that awarded the applicant the NATO Medal for service with NATO on operations in relation to Kosovo during the period from 14 August to 15 September 2000.

   o.  Headquarters, Fort Carson, CO, Permanent Orders 137-19, dated 16 May 1996, that awarded the applicant the Expert Infantryman Badge for successful completion of the Expert Infantryman Badge Test from 6 May to 10 May 1996.

   p.  Headquarters, 1st Battalion (Mechanized), 8th Infantry, Fort Carson, CO, Permanent Orders 260-13, dated 17 September 1997, that awarded the applicant the Driver Badge with Driver Component Bar for Track Vehicle for satisfactory completion of one year as an active qualified motor vehicle driver.

12.  During the processing of this case, a staff member of the Army Board for Correction of Military Records (ABCMR) contacted Army Military Pay Operations, Defense Finance and Accounting Service (DFAS), Cleveland, OH, to verify the periods of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS confirmed the applicant received HFP/IDP for service in:

* Kuwait from 28 October through 12 December 1995
* Macedonia from 24 August 1998 through 24 February 1999
* Macedonia [Kosovo] from 18 August through 17 September 2000

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  The Global War on Terrorism Service Medal is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days are authorized this award. 

	c.  The Noncommissioned Officer Professional Development Ribbon is awarded for successful completion of designated NCO professional development courses and is authorized for  successful completion of the Primary Leadership Development Course. 

   d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  

   e.  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.

	f.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

		(1)  participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action or

		(2)  participate for one or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

		(a)  30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or

		(b)  60 nonconsecutive days provided this support involves entering the area of eligibility.

	g.  The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with, in pertinent part, the United Nations Protection Force in Yugoslavia.

	h.  The NATO Medal was authorized by the Secretary-General of NATO for specific NATO operations.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.

	i.  The eligibility requirements for award of the Driver and Mechanic Badge for drivers require that a Soldier must:

		(1)  qualify for and possess an Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card) issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing)); and

		(2)  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft)); or

		(3)  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

		(4)  Component bars are authorized only for the following types of vehicles and/or qualifications:  Driver-W (for wheeled vehicles), Driver-T (for tracked vehicles), Driver-M (for motorcycles), Driver-A (for amphibious vehicles), Mechanic (for automotive or allied vehicles), and Operator-S (for special mechanical equipment).

14.  Army Regulation 635-5 establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for completing Item 18 state for an active duty Soldier deployed with his or her unit during their continuous period of active service enter, "Service in (Name of Country Deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he completed the Primary Leadership Development Course and that he was awarded two Army Commendation Medals, four Army Achievement Medals, the Army Good Conduct Medal (2nd Award), Southwest Asia Service Medal with
one bronze service star, Armed Forces Service Medal, Overseas Service Ribbon, United National Medal, NATO Medal, Expert Infantryman Badge, and Driver and Mechanic Badge with "T" Component Bar.

2.  Records show the applicant completed the 5-week Primary Leadership Development course in 1998.

3.  Permanent orders awarded the applicant two awards of the Army Commendation Medal during the period of service under review.  [Permanent orders also awarded him a third Army Commendation Medal; however, the award was for a period of service that was subsequent to the date of his discharge and period of service under review.]

4.  Permanent orders awarded the applicant four awards of the Army Achievement Medal during the period of service under review.

5.  Permanent orders awarded the applicant the Army Good Conduct Medal for the period of service from 12 October 1994 to 11 October 1997.

   a.  The applicant served a qualifying period of active duty enlisted service for a second award of the Army Good Conduct Medal from 12 October 1997 to
11 October 2000.  

		(1)  There is no evidence the applicant received the second award of the Army Good Conduct Medal for this period of service.
		(2)  The evidence of record shows his overall performance of duty during this period was clearly outstanding.

		(3)  His records do not contain any adverse information and there is no evidence his commander denied him award of the Army Good Conduct Medal.

		(4)  Therefore, it would be appropriate to approve the second award of the Army Good Conduct Medal for this period of service.

	b.  Permanent orders awarded the applicant the Army Good Conduct Medal (2nd Award) for the period of service from 30 November 2005 to 1 December 2008.

		(1)  There is no evidence the applicant was on active duty in the U.S. Army during the period 30 November 2005 through 11 July 2007.  Thus, this order appears to be in error and it would be appropriate to revoke this order based on approval of the applicant's second award of the Army Good Conduct Medal for the period from 12 October 1997 to 11 October 2000 (see paragraph 5a, above).

		(2)  The applicant may have qualified for his third award of the Army Good Conduct Medal during the period 12 July 2007 to 11 July 2010; however, this would be a matter subject to the approval of his company commander.

6.  The applicant qualified for award of the National Defense Service Medal for honorable active service during the period from 12 October 1994 to 30 November 1995.  He also qualified for a second award of the National Defense Service Medal during the period from 11 September 2001 to 24 June 2002.

7.  Records show the applicant served in Kuwait from 28 October through
12 December 1995.  Records also show he was authorized the Southwest Asia Service Medal with one bronze service star and it is recorded on his DD Form 214.  No corrective action is required with regard to this service medal; however, his service in Kuwait should be added to item 18 of his DD Form 214.

8.  Records show the applicant was authorized the Armed Forces Service Medal for his service in the Former Yugoslav Republic of Macedonia in support of Operation Able Sentry from 24 August 1998 to 24 February 1999.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal and his service in Macedonia.

9.  Records show the applicant was awarded the United Nations Medal for service with the United Nations Preventive Deployment Force during the period from 24 August 1998 to 24 February 1999.  

10.  Records show the applicant served in Kosovo and he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period from 14 August to 15 September 2000.  However, DFAS records show the dates of his service from 18 August to 17 September 2000.  Therefore, it would be appropriate to correct his DD Form 214 to show this international decoration and his service in Kosovo.

11.  Records show the applicant qualified for award of the Global War on Terrorism Service Medal for his service in support of the Global War on Terrorism outside the area of eligibility for the Global War on Terrorism Expeditionary Medal from 11 September 2001 to 24 June 2002.

12.  Records show the applicant qualified for award of the Noncommissioned Officer Professional Development Ribbon based on his completion of the Primary Leadership Development Course.

13.  Records show the applicant qualified for award of the Overseas Service Ribbon based on his completion of an overseas tour in Germany.

14.  Permanent orders awarded the applicant the Expert Infantryman Badge and the Driver and Mechanic Badge with "Driver-T" (Tracked Vehicle) Component Bar.

15.  In view of the foregoing, it would be appropriate to correct his records to show his authorized awards and decorations, military education, and those countries and dates of deployment, as outlined above.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Army Good Conduct Medal (2nd Award) for exemplary conduct, efficiency, and fidelity during the period 12 October 1997 to 11 October 2000;

	b.  revoking Headquarters, 1st Battalion, 319th Airborne Field Artillery Regiment, Fort Bragg, NC, Permanent Orders 011-02, dated 11 January 2009; and

	c.  correcting his DD Form 214 by:

		(1)  deleting all the awards entered in item 13;

		(2)  adding to item 13 the Army Commendation Medal (2nd Award), Army Achievement Medal (4th Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), Southwest Asia Service Medal with one bronze service star, Armed Forces Service Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, United Nations Medal, North Atlantic Treaty Organization Medal, Expert Infantryman Badge, Driver and Mechanic Badge with "Driver-T" Component Bar, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar;

		(3)  deleting from item 14 the entry "NONE//NOTHING FOLLOWS";

		(4)  adding to item 14 the Primary Leadership Development Course - 5 Weeks (1998); and



		(5)  adding to item 18 the entry, "Service in Kuwait From 19951028  - 19951212//Service in Former Yugoslav Republic of Macedonia From 19980824 - 19990224//Service in Kosovo From 20000818 - 20000917//Nothing Follows."

      
      
      
      _________________________
       	     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.

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ABCMR Record of Proceedings (cont)                                         AR20100017401



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