BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100027482 


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 the following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty):  He also requests, in effect, a change in the reason and authority for his discharge.

* Item 11 (Primary Specialty)
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* Item 14 (Military Education)

2.  The applicant states he spent 2 years in the Army and completed a tour in Iraq.  He also states he does not think he deserves a Chapter 10 discharge (discharge in lieu of court-martial).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular Army on 3 January 2007.

2.  On 22 July 2009, the applicant departed absent without leave (AWOL) from his unit in Hawaii.  On 17 December 2009, he was apprehended by civilian authorities and returned to military control.

3.  Court-martial charges were preferred against the applicant for AWOL and desertion.

4.  The applicant's records do not contain his discharge packet.  However, on 19 February 2010, he was discharged in lieu of trial by court-martial and given a general discharge.

5.  The DD Form 214 he was issued has "NONE//NOTHING FOLLOWS" in items 11, 13, and 14.  However, in item 18 (Remarks) it was stated "SERVICE IN IRAQ 20071206-20090226."

6.  The applicant's records do not contain orders awarding him a military occupational specialty or any awards or decorations and do not contain any documents concerning any military training.

7.  Army Regulation 635-200 (Enlisted Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

8.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

9.  Military Awards Branch Message, dated 8 April 2005, provided the following implementing instructions for award of the Iraq Campaign Medal (ICM).  Award of the ICM is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in 

combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations (each day of operations counts as one day of eligibility).  This campaign medal may be awarded posthumously.  Soldiers are authorized a bronze service star to be affixed on the ICM for the following campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraq Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 – Date to be Determined)

10.  Award of the Global War On Terrorism Service Medal (GWOTSM) is authorized to Soldiers who have participated in or served in support of Global War on Terrorism operations outside of the designated area of operations.  A Soldier must have served 30 consecutive, or 60 nonconsecutive days.  The Human Resources Command Awards Branch personnel have advised that the GWOTSM has been awarded, and will continue to be awarded, to all Army personnel who serve on active duty for 30 consecutive days, or more, regardless of where they serve (the same criteria as the National Defense Service Medal).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty during a timeframe which entitled him to the NDSM and the GWOTSM.  He also served in Iraq for a sufficient period to entitle him to the ICM and served during one campaign.  As such, it would be appropriate to now add the NDSM, GWOTSM, and ICM with one bronze service star to his DD Form 214.

2.  However, there are no records showing he was awarded an MOS or attended any military training.  Therefore, there is insufficient evidence in which to correct items 11 or 14 of his DD Form 214.

3.  As for the reason for the applicant's discharge, in order to receive a discharge under Army Regulation 635-200, chapter 10, the Soldier has to request the discharge.  Therefore, it must be presumed that the applicant received the discharge he, himself, requested.  As such, there is no basis to change the reason and authority for his discharge.

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 adding the NDSM, GWOTSM, and ICM with one bronze service star to his DD Form 214.

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 correcting Items 11 and 14 of his DD Form 214.



      _______ _   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)                                         AR20100027482





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ABCMR Record of Proceedings (cont)                                         AR20100027482



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