IN THE CASE OF:	

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100027323


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) as follows:  

   a. Amend item 11 (Primary Specialty) to add:

* 31A Military Police Officer
* 38A Civil Affairs Officer
* 91A Maintenance/Munitions Materiel Officer

   b. Amend item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add:

* Army Reserve Component Overseas Training Ribbon (ARCOTR)
* Parachutist Badge
* Air Assault Badge
* Army Superior Unit Award (ASUA)
* Meritorious Unit Commendation (MUC)
* British Parachutist Badge
* German Parachutist Badge
* Canadian Parachutist Badge
* Army Reserve Components Achievement Medal (ARCAM)

c. Amend item 14 (Military Education) to add:

* Basic Airborne Course
* Air Assault Course
* 38A Civil Affairs Officer Qualification Course
* 91A Ordnance Officer Basic Course
* 31A Military Police Captains Career Course

   d. Amend item 18 (Remarks) to delete the entry "Service in Afghanistan 20060210 – 20070330" and add the entries:

* "Service in Afghanistan 20060210 – 20070614"
* "Service in England and France 20080515 – 20080611"

2.  The applicant states, in effect, that he earned these awards during his service on active duty, and he would like his DD Form 214 to reflect the correct dates of his service in Afghanistan.

3.  The applicant provides his DD Form 214, a memorandum from the Headquarters, 412th Civil Affairs Battalion, dated 1 September 2010, awarding him the ARCAM, and an extract of his DA Form 2-1 (Personnel Qualification Record – Part II).

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his DD Form 214 to show his service in primary specialty 91A Maintenance/Munitions Materiel Officer, his award of the Air Assault Badge and the ASUA, and his completion of the 91A Ordnance Officer Basic Course.  This primary specialty, these awards, and this school are already shown on his DD Form 214; therefore, this portion of his request will not be discussed further in these Proceedings. 

2.  The applicant was appointed as a Reserve commissioned officer of the Army, in the grade of second lieutenant/O-1, Ordnance Corps, on 18 May 2003.  

3.  His record shows he entered active duty on 24 August 2003 and served in Afghanistan from 13 February 2006 through 9 June 2007.  While in Afghanistan he was assigned to the Headquarters, 710th Combat Support Battalion, 3rd Brigade Combat Team, 10th Mountain Division, Fort Drum, NY.

4.  On 4 September 2007, he was honorably released from active duty and transferred to Company B, 412th Civil Affairs Battalion, Whitehall, OH – a Troop Program Unit (TPU) of the U.S. Army Reserve.  His DD Form 214 shows he completed 4 years and 11 days of net active service during this period of active duty.  This form further shows:

   a. Item 11 he held the primary specialty 91A Maintenance/Munitions Materiel Officer for 3 years and 9 months.  

   b. Item 13 he was awarded the:

* Bronze Star Medal
* Army Commendation Medal
* ASUA
* National Defense Service Medal
* Afghanistan Campaign Medal (ACM)
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization (NATO) Medal
* Air Assault Badge

c. Item 14 shows he completed the:

* Anti-Terrorism/Force Protection Level 2 Course
* Operations Group Observer/Controller Academy Course
* 91A Ordnance Officer Advanced Course
* 91A Ordnance Officer Basic Course
* Security Engineering and Computer Analysis Training Course

d. Item 18 contains the entry "Service in Afghanistan 20060210-20070330."

5.  Permanent Orders 326-2886, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 22 November 2007, awarded him the Parachutist Badge upon completion of the basic airborne course, effective 30 November 2007.

6.  A memorandum for record, Headquarters, 412th Civil Affairs Battalion, Whitehall, OH, dated 18 March 2009, awarded him the ARCOTR for service in Normandy, France between 26 May 2008 and 20 June 2008.

7.  A DA Form 1059 (Service School Academic Evaluation Report), dated 14 April 2009, shows he completed the 38A Civil Affairs Officer Qualification Course on    14 April 2009.

8.  A memorandum, Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, NC, dated 30 May 2009, awarded him the Canadian Parachutist Badge.

9.  A memorandum, Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, NC, dated 18 December 2009, awarded him the German Armed Forces Parachutist Badge.

10.  A memorandum, Headquarters, 412th Civil Affairs Battalion, Whitehall, OH, dated 1 September 2010, awarded him the ARCAM.

11.  A DA Form 1059, dated 29 October 2010, shows he completed the 31A Military Police Captains Career Course on 29 October 2010.

12.  The Military Awards Branch, U.S. Army Human Resources Command, list of recently approved unit awards does not indicate the 710th Combat Support Battalion received a MUC for its service in Afghanistan.

13.  His record does not contain any document that shows he was awarded the British Parachutist Badge.

14.  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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It further provides:  

   a. paragraph 2-4h(11) states that Item 11 of the DD Form 214 documents the titles of all Areas of Concentration (AOC) for officers 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. paragraph 2-4h(13) states that Item 13 of the DD Form 214 documents the 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.  Each entry will be verified by the Soldier’s records.  

   c. paragraph 2-4h(14) states that Item 14 of the DD Form 214 documents 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, training courses for combat skills are not listed.
   d. paragraph 2-4h(18) states that Item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.  

15.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

16.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal 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.  The Afghanistan Campaign Medal 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.  Approved campaigns are:

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

Furthermore, Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to accurately reflect his service in Afghanistan.  The evidence of record shows he served in Afghanistan from 13 February 2006 through 9 June 2007; therefore, he is entitled to correction of his DD Form 214 to show this service.

2.  Furthermore, during his service in Afghanistan, campaign participation credit was awarded for the Consolidation I and II campaigns.  Therefore, he is entitled to 2 bronze service stars to be affixed to his already-awarded Afghanistan Campaign Medal.

3.  The applicant contends that item 11 of his DD Form 214 should show his service as a 31A Military Police Officer and as a 38A Civil Affairs Officer.  Army Regulation 635-5 states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The evidence of record shows he obtained qualification in these specialties after the ending date of his DD Form 214; therefore, he is not entitled to correction of his DD Form 214 to show these additional specialties.

4.  The applicant contends that item 13 of his DD Form 214 should show the ARCOTR, Parachutist Badge, MUC, British Parachutist Badge, German Parachutist Badge, Canadian Parachutist Badge, and the ARCAM.  The evidence of record does not show he was awarded the British Army Parachutist Badge or the MUC.  The evidence of record further shows he was awarded the ARCOTR, Parachutist Badge, German Parachutist Badge, Canadian Parachutist Badge, and the ARCAM after the ending date of his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show these additional awards.

5.  The applicant contends that item 14 of his DD Form 214 should show he completed the basic airborne course and the air assault course.  The evidence of record shows he completed the air assault course during his period of active duty; however, he completed the basic airborne course after his release from active duty.  Therefore, his is entitled to correction of his DD Form 214 to show he completed the air assault course, but not the basic airborne course.

6.  The applicant contends that item 14 of his DD Form 214 should show he completed the 38A Civil Affairs Officer Qualification Course and the 31A Military Police Captains Career Course.  The evidence of record shows he completed these courses after the ending date of his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show these additional completed courses.  

7.  The applicant contends that item 18 of his last DD Form 214 should reflect his service in England and France, from 15 May 2008 through 11 June 2008.  The evidence of record shows he served in Normandy, France between 26 May 2008 and 20 June 2008; however, this service is after the ending date of his DD Form 214.  Therefore, he is not entitled to relief in this case.

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:

* amending item 13 of his DD Form 214 to add 2 bronze service stars to be affixed to his already-awarded Afghanistan Campaign Medal
* amending item 14 of his DD Form 214 to add the entry "Air Assault Course, 2 wks, 2004"
* amending item 18 of his DD Form 214 to delete the entry "Service in Afghanistan 20060210 – 20070330"
* amending item 18 of his DD Form 214 to add the entry "Service in Afghanistan 20060213 – 20070614"

2.  The Board further determined the evidence presented is 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 correcting the applicant's DD Form 214 to changing item 11, item 13 (with the exception of adding 2 bronze service stars to his ACM), item 14 (with the exception of adding the Air Assault Course) or item 18 (with the exception of correcting his dates of service in Afghanistan).




      _______ ___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)                                         AR20100011932



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027323



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1