IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100024179 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 October 2010 to show he:

* was awarded the Afghanistan Campaign Medal (ACM) with one bronze service star, the NATO Medal (International Security Force Afghanistan (ISAF)), and Combat Action Badge (CAB)
* had 6 months and 25 days of foreign service during this period of service
* completed the Small Arms Master Gunner (SAMG), Defense Advanced GPS Receiver (DAGR), and Army Combat Lifesaver courses

2.  He states improper information was inserted for awards, foreign service, and military education.

3.  He provides award orders and certificates, active duty orders, a DA Form 1059 (Service School Academic Evaluation Report), training certificates, and his DD Form 214 for the period ending 30 May 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 17 September 2007.  A DD Form 214 for the period 14 February to 30 May 2008 shows he was awarded military occupational specialty 21B (Combat Engineer). 


2.  The applicant requested that the NATO Medal (ISAF) be added to his
DD Form 214.  The record is void of documentation showing he was awarded the NATO Medal.  Army Regulation 600-8-22 (Military Awards) states 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 specified NATO operations.  The NATO Medal will normally be presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO.  Approved operations include ISAF in Afghanistan from 1 June 2003 to a date to be determined.

3.  The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.  Soldiers should submit a request to the U.S. National Military Representative (USNMR) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  usnmr@benelux.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.  In the absence of the required certificate, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  He provides certificates showing he completed the:

* DAGR New Equipment Training on 15 June 2008 (3 days)
* SAMG course on 26 September 2008 (2 weeks)
* Army Combat Lifesaver Course on 8 October 2008 (1 week)

5.  Mobilization orders in his record show he was ordered to active duty in support of Operation Enduring Freedom as a member of the 1431st Engineer Company (Sapper) for a period not to exceed 400 days beginning on 28 November 2008.

6.  Orders issued by Landstuhl Regional Medical Center, Germany, dated 23 July 2009, show he was to report to Walter Reed Army Medical Center, Washington, D.C., on 23 July 2009 for a period not to exceed 10 days, for the purpose of medical evaluation for continued medical care.

7.  Orders issued by Headquarters, U.S. Army Medical Command, Fort Sam Houston, TX, dated 20 October 2009, show he was retained in service for 


completion of medical care and treatment.  An amendment to the orders show he was to remain on active duty for 346 days ending on 12 October 2010. 

8.  A DD Form 214 for this period of service shows he was honorably released from active duty on 12 October 2010.  The form shows in:

* item 12f (Foreign Service) the entry "0000  05  24" indicating 5 months and 24 days of foreign service during this period
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (ARCOM) with "V" Device
* Army Commendation Medal
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Combat Infantryman Badge (CIB)

* item 14 (Military Education) the entry "None"
* item 18 (Remarks) the entry "Service in Afghanistan 20090131-20090724"

9.  During the processing of this case, the Defense Finance and Accounting Service reviewed his Master Military Pay Account (MMPA) and confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat-zone tax exclusion (CZTE) during the period 1 February through 4 August 2009.

10.  The record shows Headquarters, Combined Task Force Storm, Forward Operating Base (FOB) Sharana, Afghanistan, awarded the applicant the Army Commendation Medal as follows:

* by Permanent Order 228-002, dated 1 September 2009, for meritorious achievement during the period 19-23 June 2009
* by Permanent Order 285-002, dated 12 October 2009, with "V" Device, for valor on 12 October 2009
* by Permanent Order 257-016, dated 28 November 2009, for outstanding service during the period 28 November 2008 to 1 August 2009


11.  His record includes Permanent Orders 109-026, issued by Headquarters and Headquarters Company, 168th Engineer Brigade, FOB Sharana, Afghanistan, dated 19 April 2009, that awarded him the CAB for service on 26 February 2009.

12.  He provides Permanent Orders 200-004, issued by Headquarters, Combined Joint Task Force-82, Operation Enduring Freedom, Bagram Airfield, Afghanistan, dated 19 July 2009, that awarded him the CAB for service on 19 July 2009.  Army Regulation 600-8-22 (Military Awards) provides that only one CAB may be awarded during a qualifying period.

13.  The record is void of documentation showing he served as an infantryman or that he was awarded the Combat Infantryman Badge by proper orders.  Army Regulation 600-8-22 states the Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.

14.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are the:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006 - date to be determined)

15.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states for:

	a.  item 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service as verified by the Soldier’s records; and


	c.  item 14, from the ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

16.  Army Regulation 15-185 (Army Board for Correction of Military Records) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support correction of the foreign service currently shown in item 12f of his DD Form 214 for the period ending 12 October 2010.

	a.  The evidence is ambiguous with regard to his foreign service.  Pay records indicate he served in Afghanistan from 1 February 2009 through 4 August 2009, his DD Form 214 shows he served in Afghanistan from 31 January to 24 July 2009, and his record contains orders showing he was to report to Walter Reed Army Medical Center on 23 July 2009.

	b.  It appears the statement on his DD Form 214 is the most accurate record of his foreign service.  The period 31 January to 24 July 2009 equals 5 months and 24 days, as shown in item 12f.  In the absence of official documentation showing he had foreign service prior to 31 January 2009 or after 24 July 2009, administrative regularity must be presumed.  Accordingly, there is no basis for correction of the foreign service shown his DD Form 214.  

2.  The governing regulation states item 14 of the DD Form 214 will show courses completed during the period of service covered by the form.  He completed the SAMG, DAGR, and Army Combat Lifesaver courses after leaving active duty on 30 May 2008 and prior to reentering active duty in November 2008.  Therefore, he is not entitled to correction of either of his DD Forms 214 to show the SAMG, DAGR, or the Army Combat Lifesaver courses.

3.  He served in Afghanistan during the period of eligibility for the ACM and his service coincided with one campaign.  Therefore, he is entitled to the ACM with one bronze service star and correction of his DD Form 214 to show this award.


4.  His DD Form 214 for the period ending 12 October 2010 shows he was awarded the CIB.  The evidence shows he did not meet the criteria for this badge, but he was properly awarded the CAB.  Clearly, it's evident that the CIB was inadvertently listed in item 13 of his DD Form 214 instead of the CAB.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the CAB instead of the erroneous CIB.

5.  His DD Form 214 for the period ending 12 October 2010 shows he was awarded an ARCOM and an ARCOM with "V" Device.  However, his record shows he was awarded three ARCOMs, one with "V" Device.  Therefore, his
DD Form 214 should be corrected to the ARCOM (3d Award) and with "V" Device.

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 13 of his DD Form 214 for the period ending 12 October 2010 the:

* Army Commendation Medal
* Army Commendation Medal with "V" Device
* Combat Infantryman Badge

	b.  adding to item 13 of his DD Form 214 for the period ending 12 October 2010 the:

* Army Commendation Medal (3rd Award) and with "V" Device
* Combat Action Badge


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 amending his amount of foreign service and adding any military education courses to his DD Form 214 for the period ending 12 October 2010.



      __________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)                                         AR20100024179



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ABCMR Record of Proceedings (cont)                                         AR20100024179



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