IN THE CASE OF:	  

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100030412 


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 show his deployment in support of Operation Iraqi Freedom (OIF); to show completion of the Primary Leadership Development Course (PLDC); to show award of the Noncommissioned Officer Professional Development Ribbon (NCOPDR); and to replace the 21-week Morse Code Interceptor Course with the 36-week Common Ground Station Operator Course.

2.  The applicant states his DD Form 214 should be corrected to show his training, awards and deployment.

3.  The applicant provides copies of his DD Form 214 and his PLDC completion certificate.

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.  The applicant enlisted in the Regular Army on 28 March 2001.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows:

	a.  he was in basic training from 28 March to 15 October 2001;

	b.  he was enrolled for training in military occupational specialty (MOS) 96H (Imagery Ground Station Operator) from 22 October 2001 to 16 May 2002 (approximately 30 weeks);

	c.  he completed a 21-week Morse Interceptor Course in 2002;

	d.  he attended the 3-week Basic Airborne Course from 17 May to 7 June 2002; and

	e.  he was awarded the Army Service Ribbon, National Defense Service Medal, and the Parachutist Badge. 

4.  Defense Finance and Accounting Service (DFAS) records show the applicant received Hazardous Fire/Imminent Danger Pay from 19 January to 12 July 2003 (5 months and 24 days) for his deployment to Kuwait.

5.  A DA Form 1059 (Service School Academic Evaluation Report) dated 
11 December 2003 reports that the applicant had satisfactorily completed PLDC.

6.  On 15 September 2004, the applicant was discharged from military service.  He had completed 3 years, 5 months, and 18 days of creditable active duty service.

7.  Item 12f (Foreign Service) of his DD Form 214 does not reflect the time of his deployment to Kuwait in support of OIF.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as:

* Presidential Unit Citation


* National Defense Service Medal
* [Global] War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge

9.  Army Regulation 600-8-22 (Military Awards):

	a.  states the Global War on Terrorism Expeditionary Medal (GWOTEM) 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.  

	b.  Army Regulation 600-8-22 states the NCOPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  It provides that completion of PLDC qualifies for award of the basic ribbon.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that Item 12f is to record the years, months, and days of foreign service during the period of the report.  Item 18 (Remarks) is to contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his deployment in support of OIF, completion of PLDC, and award of the NCOPDR; and to replace the 21-week Morse Code Interceptor Course with the 36-week Common Ground Station Operator Course.

2.  The available records indicate that the applicant was enrolled in the Imagery Ground Station Operator Course from 22 October 2001 to 16 May 2002 (approximately 30 weeks) and was subsequently awarded MOS 96H.  Therefore, this training should be shown on his DD Form 214.



3.  The available records also indicate that in 2002 the applicant was enrolled in and completed the 21-week Morse Interceptor Course.  Therefore, this training should not be removed from his DD Form 214.

4.  The evidence of record clearly shows that the applicant successfully completed PLDC.  Therefore, this training should be shown on his DD Form 214.  This training also qualifies him for award of the NCOPDR, which should be shown on his DD Form 214.

5.  The available evidence clearly shows that the applicant was deployed in support of OIF from 19 January to 12 July 2003.  Therefore, this deployment should be shown on his DD Form 214.  Furthermore, this deployment qualifies him for award of the Global War on Terrorism Expeditionary Medal which should also be shown on his 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:

	a.  showing in Item 12f of his DD Form 214: 5 months and 24 days;

	b.  adding in Item 13 of his DD Form 214: Global War on Terrorism Service Medal and the Noncommissioned Officer Professional Development Ribbon;

	c.  adding in Item 14 of his DD Form 214: Imagery Ground Station Operator Course, 30 weeks, 2002; and

	d.   adding in Item 18 of his DD Form 214 the entry: SERVICE IN KUWAIT FROM 20030119 - 20030712.

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 replacing the 21-week Morse Code Interceptor Course with the 36-week Common Ground Station Operator Course.




      _______ _  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)                                         AR20100030412





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ABCMR Record of Proceedings (cont)                                         AR20100030412



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