IN THE CASE OF:	  

		BOARD DATE:	    12 July 2011

		DOCKET NUMBER:  AR20100028470 

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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 December 1995 to show the following:

* military occupational specialty (MOS) of 13B (Cannon Crewmember)
* award of the Army Service Ribbon 
* award of the National Defense Service Medal
* completion of an 8-week cannon crewmember course in 1995

2.  In addition, he requests correction to a second DD Form 214 with a separation date of 25 June 2007 to show:

* award of the Army Service Ribbon
* two awards of the National Defense Service Medal
* award of the Global War on Terrorism Expeditionary Medal (GWOTEM) 
* MOS qualification school for military policemen 

3.  The applicant states he completed MOS schooling for cannon crewmember in 1995 and it is not recorded on his first DD Form 214.  He states he should be awarded the Army Service Ribbon and the National Defense Service Medal.  In addition, he states his second DD Form 214 should show he completed school for the military policeman MOS, two awards of the National Defense Service Medal, the Army Service Ribbon and the Global War on Terrorism Expeditionary Medal.
   
4.  The applicant provides these evidentiary documents in support of his application:

* DD Form 214 with a separation date of 15 December 1995
* DD Form 214 with a separation date of 25 June 2007
* Enlisted Record Brief, dated 1 July 2006

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.  He enlisted in the Regular Army on 12 July 1995 for a 3-year period.

3.  On 15 December 1995, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11 for failure to meet procurement medical fitness standards under the provisions of Army Regulation 635-200, 
paragraph 5-11.  His discharge was uncharacterized.  He was issued a DD Form 214 that shows he had completed a total of 5 months and 4 days of active Federal service.  This DD Form 214 shows these pertinent entries:

* item 11 (PRIMARY SPECIALTY) "NONE//NOTHING FOLLOWS"
* item 13 (DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) "NONE//NOTHING FOLLOWS"
* item 14 (MILITARY EDUCATION) "NONE//NOTHING FOLLOWS"

4.  On 29 October 1996, he enlisted with a medical waiver for a heart murmur in the State of Oregon Army National Guard (ORARNG).  He indicated in his enlistment contract addendum that he understood he would undergo training in MOS 13B. 

5.  On 28 October 1997, he was discharged from the ORARNG due to a defective enlistment contract.  He was issued a National Guard Bureau (NGB) Form 22A (Report of Separation and Record of Service) that shows these pertinent entries:

* item 12 (MILITARY EDUCATION) "CANNON CREWMEMBER, 13 WEEKS, NOV 1995"
* item 13 (PRIMARY SPECIALTY NUMBER, TITLE AND DATE AWARDED) "(P) 13B1O, CANNON CREWMEMBER, 951108"
* item 15 "DECORATIONS, MEDALS, BADGES, COMMENATIONS, CITATIONS AND CAMPAIGN RIBBONS AWARDED THIS PERIOD) "ASR" (Army Service Ribbon)

6.  On 14 February 2001, he received a medical waiver by the Office of the U.S Army Reserve Command, Surgeon General's Office. 

7.  On 3 May 2001, he enlisted in the Regular Army for a 3-year period in the grade of E-3.  His DA Form 3286-64 (Statement for Enlistment, U.S. Army Station/Unit/Command/Area Enlistment Program) shows he enlisted for training in MOS 13B1O.  

8.  His Enlisted Record Brief shows he served overseas in the Republic of Korea from 21 November 2003 to 15 November 2004, a duration of 11 months and 25 days.  

9.  On 25 June 2007, he was discharged under other than honorable conditions under the provisions of Army Regulation 632-200, chapter 14 for misconduct.  He was issued a DD Form 214 confirming he was separated with these pertinent entries:  

	a.  Item 11 (PRIMARY SPECIALTY NUMBER, TITLE AND DATE AWARDED) shows these entries:

* 31B1O MILITARY POLICE – 3 YEARS, 8 MONTHS
* 13B1O CANNON CREWMEMBER – 11 YEARS, 7 MONTHS

	b.  Item 12f (RECORD OF SERVICE: FOREIGN SERVICE) shows he completed 11 months and 25 days of foreign service;  

	c.  Item 13 (DECORATIONS, MEDALS, BADGES, CITATIONS, AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) shows these awards:

* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal 
* National Defense Service Medal
* Global War on Terrorism Service Medal   
* Korea Defense Service Medal 
* Noncommissioned Officer Professional Development Ribbon (2nd Award)
* Army Service Ribbon

	d.  Item 14 (MILITARY EDUCATION) shows these entries:

* Combat Life Savers Course, a duration of 1 week in 2001
* Military Police Course, a duration of 8 weeks in 2003
* Primary Leadership Development Course, a duration of 4 weeks in 2003
* Basic Noncommissioned Officers Course, a duration of 8 weeks in 2005

	e.  Item 18 (REMARKS) does not show an entry for foreign service deployment.

10.  The applicant's record is devoid of permanent orders awarding him MOS 13B or a certificate of training showing he completed MOS 13B training in 1995.

11.  The Defense Finance and Accounting Service established that the applicant received hostile fire pay/imminent danger pay for the period 9 December 2005 to 31 July 2006, a duration of 7 months and 22 days for service in Kuwait.   

12.  Within his military personnel record there is a copy of a DA Form 2166-8 (NCO Evaluation Report) showing he was assigned to the 300th Military Police Company at Camp Ramadi, Iraq.  This evaluation covered the period from September 2005 to August 2006.

13.  References:

	a.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 requires the preparer to enter all awards and decorations for all periods of service from the Enlisted Record Brief and verified by the Soldier's record.  In addition, it states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

	b.  Army Regulation 600-8-22 states the Army Service Ribbon was is awarded upon successful completion of initial entry training.  

	c.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  A bronze service star affixed to the National Defense Service Medal denotes second and subsequent awards of the National Defense Service Medal.

	d.  Army Regulation 600-8-22 states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the 50 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.  

	e.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE or meet other specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.

	f.  Army Regulation 350-1 (Army Training and Leader Development) prescribes policies, procedures, and responsibilities for developing, managing, and conducting Army training and leader development.  Enlisted initial entry training consists of basic combat training, advanced individual training, or one station unit training, and any other formal Army training received prior to the awarding of an initial MOS. 

DISCUSSION AND CONCLUSIONS:

1.  For the applicant's request to amend his DD Form 214 for the period ending 15 December 1995:

   a.  There is insufficient evidence to support the applicant's contention that he completed his initial entry training and was awarded MOS 13B during his first enlistment period for which he was discharged due to failing to meet procurement medical fitness standards.  Therefore, notwithstanding the applicant's NGB Form 22, based on a lack of sufficient evidence to show he successfully completed all required phases of his initial entry training and was awarded MOS 13B, there is insufficient evidence to award him an Army Service Ribbon or add it to this      DD Form 214.  

	b.  The applicant did not have an honorable discharge for his first active duty enlistment period.  Therefore, he is not entitled to award of the National Defense Service Medal.

2.  For the applicant's request to amend his DD Form 214 for the period ending 27 June 2007:

   a.  He completed one overseas foreign service tour in the Republic of Korea, a duration of 11 months and 25 days.  Based on the applicant's foreign service in Kuwait for a duration of 7 months and 22 days, he is entitled to have his record corrected to show this additional foreign service period.  Therefore, item 12f should be corrected to show the total foreign service as 1 year, 7 months, and 17 days.  
   
   b.  his MOS training and MOS qualification as a military policeman is properly recorded.

   c.  While the applicant received hostile fire pay for 7 months and 22 days, DFAS only records the country in which the Soldier commenced receiving hostile fire pay as long as that pay is continued to be authorized.  Since there are no records to show how long the applicant served in Kuwait and how long (or whether) he served in Iraq, there is insufficient evidence in which to determine whether he served in Kuwait for more than 30 days.  As such there is insufficient evidence in which to award him the GWOTEM.  The applicant may request reconsideration of this portion of his request if he can clarify if he served in only Kuwait, or both Kuwait and Iraq (and if so, how long in each country, with verifying evidence if possible).
   
   d.  However, since the Defense Finance and Accounting Service established that the applicant received hostile fire pay/imminent danger pay for the period 9 December 2005 to 31 July 2006, it would be appropriate to add his deployment (at this time to Kuwait only) dates to the Remarks section of this DD Form 214.   
   


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 amending the DD Form 214 for the period ending 27 June 2007 by: 

	a.  removing from item 12f the entry "0000/11/25";

	b.  adding to item 12f the entry "0001/07/17"; and

	c.  adding to item 18 the entry "SERVICE IN KUWAIT FROM 20051209 TO 20060731."

2.  The Board further determined that 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 his DD Form 214 with a separation date of 15 December 1995 to show he completed MOS schooling as a cannon crewmember, award of MOS 13B, and award of the Army Service Ribbon and the National Defense Service Medal. 




      _______ _   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)                                         AR20100028470



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ABCMR Record of Proceedings (cont)                                         AR20100028470



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