IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100022623 


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 to items 11 (Primary Specialty), item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), item 14 (Military Education), and item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states, in effect, his DD Form 214 should:

   a.  show in item 11 the entry 13B, Cannon Crewmember - 17 years, 7 months and 31C, Radio Operator - Maintainer, 21 years, 1 month;
   
   b.  include in item 13 the entry Iraq Campaign Medal with two bronze service stars and the Combat Action Badge;
   
   c.  include in item 14 the entry Radio Teletype Operator Course, 13 weeks, November 1984; and
   
   d.  show in item 18 the entry Immediate Reenlistments This Period: 19871209 - 19930908, 19930909 - 19970521, and 19970522 - 20051231; Subject to Active Duty Recall by the Secretary of the Army; and Served in a Designated Imminent Danger Pay Area//Service in Iraq 20040804 - 20050803//Service in Bosnia 19990315 - 19990804.

3.  He also states he cannot receive benefits from the Department of Veterans Affairs without getting his DD Form 214 corrected.

4.  He provides his:

* 1984, 1987, 1993, and 1997 enlistment contracts
* 31C Radio Teletype Operator Course diploma
* 1988 promotion orders for sergeant (SGT)/E-5
* 1998 promotion orders for sergeant first class (SFC)/E-7
* 2003 Permanent Change of Station Orders for Korea
* 2004 Temporary Change of Station Orders 
* 2004 Permanent Change of Station Orders for Fort Carson, CO
* 2005 Transition Center Assignment Orders
* Army Commendation Medal certificate
* Permanent Orders for the Combat Action Badge
* DD Form 214

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 22 May 1984.  He was discharged from the USAR DEP on 24 May 1984 and he enlisted in the Regular Army (RA) on 25 May 1984 for a period of 4 years in pay grade E-4.  He initially enlisted for training of choice in military occupational specialty (MOS) 05C (Radio Teletype Operator).  He completed basic and advanced individual training (AIT) and he was initially awarded MOS 05C.  

3.  He successfully completed 13 weeks and 1 day of the Radio Teletype Operator Course in December 1984.

4.  In April 1987, MOS 05C was converted to 31C (Single Channel Radio Operator).

5.  He reenlisted in the RA on 9 December 1987 for a period of 6 years in pay grade E-4.  He reenlisted for Army service school option course for MOS 13B.

6.  Orders Number 245-513, issued by the U.S. Army Field Artillery Center, Fort Sill, OK, dated 1 September 1988, promoted the applicant to SGT in primary MOS 13B and secondary MOS 31C, effective 1 September 1988.

7.  He reenlisted in the RA on 9 September 1993 for a period of 6 years in pay grade E-6 and on 22 May 1997 for a period of 4 years.  He was promoted to pay grade E-7 with an effective date and date of rank of 1 May 1998 in MOS 13B.

8.  Orders 189-527, issued by Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, TX, dated 8 July 2003, assigned him to the 1st Adjutant General Replacement Regiment, Camp Coiner, Korea, with a reporting date of 20 January 2004.

9.  Orders 192-108, issued by the 509th Personnel Service Battalion (PSB), dated 10 July 2004, deployed him in a temporary change of station status and assigned him to the 1st Marine Division, Marine Expeditionary Force, effective on or about 24 July 2004.

10.  Orders 336-039, issued by A Detachment, 509th PSB, dated 1 December 2004, released him from Korea and assigned him to Fort Carson with a reporting date of 16 December 2004.

11.  Orders 186-0011, issued by the Installation Management Agency, Headquarters, U.S. Army Garrison, Fort Carson, dated 5 July 2005, reassigned him to the transition center for retirement separation processing.

12.  He provided a certificate awarding him the Army Commendation Medal for meritorious service during Operation Iraqi Freedom from 4 August 2004 to 3 August 2005 by Permanent Orders 181-111, issued by the Multi-National Corps-Iraq (MNC-I), Baghdad, Iraq, dated 30 June 2005.

13.  He was honorably retired on 31 December 2005 by reason of sufficient service for retirement in the rank/grade of SFC/E-7.  He was transferred to the USAR Control Group (Retired).  He was credited with 21 years, 7 months, and
6 days of creditable active service.

14.  Item 11 of his DD Form 214 contains the entry “13B1O  CANNON CREWMEMBER  -  00 YRS  00 MOS//13B1O  CANNON CREWMEMBER  -  
17 YRS 7 MOS//NOTHING FOLLOWS”

15.  Item 13 of his DD Form 214 does not show the Iraq Campaign Medal with two bronze service stars or the Combat Action Badge.

16.  Item 14 of his DD Form 214 does not list the Radio Teletype Operator Course, 13 weeks, 1984.

17.  Item 18 of his DD Form 214 contains the entry "Immediate Reenlistments This Period -- 1984/05/25 -- 2005/12/31//Service in SWA [Southwest Asia] 2004/08/04 -2005/06/30//…"

18.  Item 18 does not show the entry "Subject to Active Duty Recall by the Secretary of the Army; Served in a Designated Imminent Danger Pay Area; or Service in Bosnia 19990315 - 19990804."

19.  Permanent Orders 025-217, issued by Headquarters, 7th Infantry Division, Fort Carson, dated 25 January 2006, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy during the period 27 August 2004 to 23 July 2005.

20.  During the processing of this case, on 31 January 2011, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's deployed service.  On the same day, a DFAS representative stated that according to the applicant's Master Military Pay Account (MMPA) he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia from 23 March 1999 through 4 August 1999 and for service in Kuwait/Iraq from 4 August 2004 through 3 August 2005.

21.  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 11, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determinations, 16 days or more count as a month.  Do not basic training and AIT.

	b.  Item 13, enter all 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.

	c.  Item 14, list formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214.  Include title, length in weeks, and year completed.  

	d.  Item 18,

		(1)  for enlisted Soldiers with more than one enlistment during the time covered by this DD Form 214, enter “IMMEDIATE REELISTMENTS THIS PERIOD” (specify dates)."

		(2)  for a Soldier retiring for length of service enter “SUBJECT TO ACTIVE DUTY RECALL BY THE SECRETARY OF THE ARMY.”

		(3)  for an active duty Soldier deployed with his/her unit during the continuous period of active duty, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYMMDD – YYYMMDD).”

22.  There is no provision for entering the following entry “SERVED IN A DESIGNATED DANGER PAY AREA” in Item 18 of the DD Form 214.

23.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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.  During his service in Iraq, the applicant participated in the Iraqi Governance (29 June 2004-15 December 2005) campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant initially enlisted for training in MOS 05C, which was later converted to 31C.  He successfully completed 13 weeks of the Radio Teletype Operator Course from 15 August to 6 December 

1984.  Therefore, item 11 of his DD Form 214 should be corrected to show the entry, "31C2O  RADIO TELETYPE OPERATOR  21 YRS  00 MOS" and item 14 should be corrected to show the entry, “RADIO TELETYPE OPERATOR COURSE, 13 WEEKS, 1984.”

2.  Permanent orders, dated 25 January 2006, awarded him the Combat Action Badge subsequent to his retirement on 31 December 2005.  Therefore, item 13 of his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows he served in Kuwait/Iraq from 4 August 2004 through 3 August 2005 during one campaign phase.  Therefore, he is entitled to the Iraq Campaign Medal with one bronze service star and correction of his
DD Form 214 to show this award.

4.  The evidence of record shows he initially enlisted in the RA on 25 May 1984 for 6 years.  He reenlisted on 9 December 1987 for 6 years, on 9 September 1993 for 4 years, and on 22 May 1997 for 4 years.  Item 18 of his DD Form 214 combined all his enlistments.  Therefore, item 18 of his DD Form 214 should be corrected to show the entry "IMMEDIATE REENLISTMENTS THIS PERIOD -- 19871209-19930908, 19930909-19970521, and 19970522-20051231."

5.  The evidence of record shows he was retired on 31 December 2005 by reason of sufficient service for retirement having completed over 21 years of service.  Therefore, item 18 of his DD Form 214 should be corrected to add the entry "SUBJECT TO ACTIVE DUTY RECALL BY THE SECRETARY OF THE ARMY."

6.  The evidence of record shows he received HF/IDP and CZTE from 23 March 1999 through 4 August 1999 for service in Bosnia and from 4 August 2004 through 3 August 2005 for service in Kuwait/Iraq.  Therefore, item 18 of his
DD Form 214 should be corrected to delete the entry "SERVICE IN SWA 2004/08/04 - 2005/06/30" and add the entry "SERVICE IN BOSNIA FROM 19990323 -19990804//SERVICE IN KUWAIT/IRAQ FROM 20040804 - 20050803."

7.  In accordance with regulatory guidance, there is no provision for listing the entry “Served in a Designated Imminent Danger Pay Area” in Item 18 of his
DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show this entry.

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 11 of his DD Form 214 the entry "13B1O  CANNON CREWMEMBER - 00 YRS   00 MOS";

	b.  adding to item 11 of his DD Form 214 the entry "31C  RADIO TELETYPE OPERATOR - 21 YRS  00 MOS";

	c.  adding to item 13 of his DD Form 214 the Combat Action Badge and the Iraq Campaign Medal with one bronze service star;

   d.  adding to item 14 of his DD Form 214 the entry "Radio Teletype Operator Course, 13 weeks, 1984”;

   e.  adding to item 18 of his DD Form 214 the entry “IMMEDIATE REENLISTMENTS THIS PERIOD -- 19871209-19930908, 19930909-19970521, and 19970522-20051231,” “SUBJECT TO ACTIVE DUTY RECALL BY THE SECRETARY OF THE ARMY,” and ”SERVICE IN BOSNIA FROM 19990323 -19990804//SERVICE IN IRAQ FROM 20040804 - 20050803”

2.  The Board further determined that the evidence presented is insufficient to war ant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding to Item 11 of his
DD Form 214 the entry "31C, RADIO OPERATOR - MAINTAINER - 21 YRS

1 MOS" and to item 18 of his DD Form 214 the entry "Served in a Designated Imminent Danger Pay Area.”



      ___________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)                                         AR20100022623



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ABCMR Record of Proceedings (cont)                                         AR20100022623



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