IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100028018 


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) to add military occupational specialty (MOS) 79R (Recruiter Noncommissioned Officer (NCO)), his foreign service in support of Operation Enduring Freedom (OEF)/Operation Iraqi Freedom (OIF) in 2006 and 2008; and all missing awards.

2.  He states an incomplete records transfer occurred.   

3.  He provided:

* his MOS/promotion orders
* copies of various deployment/redeployment orders and related documents
* his DA Form 31 (Request and Authority for Leave), dated 1 September 2008
* several award orders and certificates
* his Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES) for the period 1-31 August 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 27 November 1989.  He completed training and he was awarded MOS 13B (Cannon Crewmember).  He was later was awarded MOS 31B (Military Police (MP)) and MOS 79R.

2.  He provided a copy of Permanent Orders (PO) 066-00011, issued by Headquarters, Fort Riley, KS, dated 7 March 1997.  These orders show the 977th MP Company was placed on a Temporary Change of Station (TCS) for assignment to U.S. Forces Command, effective 21 March 1997, in support of Operation Joint Guardian (OJG).

3.  He provided a document with the heading of "977th MP Company, Joint Guard/Rear Detachment, as of 19 August 1997."  This document lists the applicant's name as being en route to Bosnia via Fort Benning on 15 June 1997.

4.  He also provided an extract of a message from the U.S. Total Army Personnel Command (now the Human Resources Command (HRC)), that shows the 977th MP Company was authorized the Army Superior Unit Award (ASUA) for their participation in Task Force Eagle Stabilization Force (SFOR) from 5 April to 
21 October 1997.

5.  A memorandum from HRC, dated 16 January 2001, and Headquarters, U.S. Army Recruiting Command (USAREC), dated 26 July 2001, confirms USAREC was awarded the ASUA for the period 1 October 1999 to 1 October 2000.

6.  Permanent Orders Number 302-06, issued by the U.S. Army Recruiting Battalion Sacramento, Rancho Cordova, CA, dated 29 October 1999, confirm his assignment to USAREC during the period it was awarded the ASUA.

7.  Orders 341-493, issued by Headquarters, I Corps, Fort Lewis, WA, dated
7 December 2001, awarded the applicant the primary MOS (PMOS) of 79R and secondary MOS (SMOS) of 95B.

8.  Orders 025-014, issued by C Detachment, 22d Personnel Services Battalion, Fort Lewis, dated 25 January 2002, promoted him to the rank/grade of staff sergeant (SSG)/E-6 in MOS 79R with an effective date and date of rank of
1 February 2002.

9.  He also provided a copy of Orders 102-003, issued by Headquarters,
1st Cavalry Division, Fort hood, TX, dated 11 April 2008.  These orders show the 5th Battalion, 82nd Field Artillery Regiment, 4th Brigade, was scheduled to deploy in a TCS on or about 12 June 2008 for 460 days in support of OIF.  His name is listed on the attached individual manifest roster for the period 12 June 2008 to 15 September 2009.

10.  Two DA Forms 4856-E (Developmental Counseling Form), dated 26 August 2008, show he was authorized to proceed on Environmental and Emergency Leave from the deployed theater.
11.  His LES for the period 1-31 August 2008 shows receipt of hostile fire/
imminent danger pay (HF/IDP).

12.  He provided several memoranda, various redeployment checklists, and a 
DA Form 4856-E that shows he was scheduled to redeploy back to the United States due to a medical condition.

13.  The applicant provided award documents which show he was awarded the Army Achievement Medal (AAM) as follows:

	a.  DA Form 638 (Recommendation for Award), dated 5 June 1996, recommended him for award of the Army Commendation Medal for meritorious service for the period 5 June 1992 to 22 July 1996; however, this recommendation was downgraded to an AAM.  He was awarded this AAM by Permanent Order Number 183-2, issued by Headquarters, Military Police Command, dated 1 July 1996.

	b.  DA Form 638, undated, recommended him for award of the AAM for gallant participation for the period 20-24 April 1998.  He was awarded this AAM by Permanent Order Number 147-1, issued by Headquarters, 101st Forward Support Battalion, Fort Riley, dated 29 May 1998.

	c.  DA Form 638, dated 12 January 1999, recommended him for award of the AAM for meritorious achievement for the period 2 May 1997 to 1 April 1999.  He was awarded this AAM by Permanent Order Number 778-1, issued by Headquarters, Law Enforcement Command, Fort Riley, undated.

	d.  DA Form 638, dated 6 October 1999, recommended him for award of the AAM for meritorious achievement for the period 1 May to 27 September 1999.  He was awarded this AAM by Permanent Order Number 278-21, issued by the U.S. Army Recruiting Battalion, Sacramento, CA, dated 8 October 1999.

	e.  DA Form 638, dated 23 January 2001, recommended him for award of the AAM for meritorious service for the period 15 October to 17 December 2000.  He was awarded this AAM by Permanent Order Number 030-003, issued by the U.S. Army Recruiting Battalion, Sacramento, undated.

	f.  DA Form 4980-18 (AAM Certificate), awarded him the AAM for outstanding achievement for the period 1 October 2001 to 30 September 2002.  He was awarded this AAM by Permanent Order Number 339-02, issued by the U.S. Army Recruiting Battalion, Sacramento, dated 5 December 2002.

	g.  DA Form 638 recommended him for award of the AAM for meritorious achievement for the period 1-31 January 2008.  He was awarded this AAM by 
Permanent Orders Number 158-01, issued by Headquarters and Headquarters, Batttery, 2nd Battalion, 77th Field Artillery, 4th Brigade Combat Team (BCT),
4th Infantry Division (ID), Fort Hood, TX, undated.

	h.  DA Form 638, dated 23 July 2008, recommended him for award of the AAM for meritorious achievement for the period 17 to 22 July 2008.  He was awarded this AAM by Permanent Order Number 212-01, issued by Headquarters, 5th Battalion, 82nd Field Artillery, 4th BCT, 1st Cavalry Division, dated 30 July 2008.

14.  Permanent Order Number 009-04, issued by Headquarters, 2nd Battalion, 77th Field Artillery, 4th BCT, 4th ID, dated 9 January 2008, awarded the applicant the Army Good Conduct Medal (5th Award) for the period 1 December 2004 through 30 November 2007.

15.  On 30 November 2009, he was honorably retired by reason of sufficient service for retirement.  He completed 20 years and 4 days of creditable active service with 10 months and 27 days of foreign service.  This form also shows in:

	a.  Item 11 (Primary Specialty) the entry:

* 13B Cannon Crewmember - 3 Years 10 Months
* 31B Military Police - 19 Years 7 Months

	b.  Item 12f (Foreign Service) the entry "0000  10  27," indicating he service 10 months and 27 days of foreign service

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Meritorious Service Medal
* ARCOM (2nd Award)
* AAM (3rd Award)
* Joint Meritorious Unit Award (2nd Award)
* ASUA
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with two bronze service stars


* Global War on Terrorism Service Medal
* Armed Forces Service Medal
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* NATO Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Driver and Mechanic Badge with Mechanic Bar

	d.  Item 18 (Remarks) the entry:

* Service in Southwest Asia 19900913 - 19910311 (5 months and
28 days)
* Service in Bosnia 19970615 – 19971112 (4 months and 29 days)

16.  DFAS confirmed the applicant received HF/IDP and combat zone tax exclusion (CZTE) for:

* Kuwait from 16 July through 14 November 2006, a total of 4 months
* Iraq from 12 June through 29 November 2008 for a total of 5 months and 18 days

17.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of 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 ICM 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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

18.  Army Regulation 600-8-22 also states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

19.  Army Regulation 635-5 (Separation Documents) states that 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 is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states that for:

	a.  item 11, enter from the Enlisted Records Brief the titles of all MOSs served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training;

	b.  item 12f, enter the total amount of foreign service completed during their continuous period of active service; and

	c.  for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD).".

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the PMOS of 79R on 7 December 2001.  Therefore, he is entitled to correction of his DD Form 214 to show this MOS for a period of 8 years.

2.  The evidence of record confirms he was awarded eight AAMs by various orders issuing authorities.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the AAM (8th Award).

3.  The applicant's DD Form 214 shows he completed 10 months and 27 days of foreign service for service in Southwest Asia and Bosnia.  DFAS further confirmed he received HF/IDP and CTZE for service in Kuwait from 16 July through 14 November 2006 and in Iraq from 12 June through 29 November 2008, for a total of 9 months and 18 days.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show his total foreign service time of 1 year,
8 months, and 15 days and item 18 to show his deployed service in Kuwait and Iraq.

4.  He served in Iraq during one campaign phase (Iraqi Surge).  Therefore, he is entitled to the Iraq Campaign Medal with one bronze service stars and correction of his DD Form 214 to show this award. 

5.  The evidence of record shows he served Kuwait, which is an authorized AOE for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award.

6.  The evidence of record shows he was assigned to two units during periods for which his units were cited for award of the ASUA.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of this unit award.

7.  The evidence of record also shows he was awarded the Army Good Conduct Medal (5th Award).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

__X_____  __X_____  ___X____  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.  adding to item 11 of his DD Form 214 the entry "79R3O Recruiter NCO -
8 YRS";


	b.  deleting from item 12f of his DD Form 214 the entry "0000  10  27" and replacing it with the entry "0001  08  15";

	c.  deleting from item 13 of his DD Form 214 the Army Achievement Medal (3rd Award), Army Good Conduct Medal, and the Army Superior Unit Award;

	d.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (5th Award)
* Army Achievement Medal (8th Award)
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal
* Army Superior Unit Award (2nd Award)

	e.  adding to item 18 of his DD Form 214 the entry:

* “SERVICE IN KUWAIT FROM 20060716 - 20061114"
* "SERVICE IN IRAQ FROM 20080612 - 20081129"



      _______ _  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)                                         AR20100028018



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ABCMR Record of Proceedings (cont)                                         AR20100028018



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