IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004536 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Humanitarian Service Medal and Afghanistan Campaign Medal
* Item 14 (Military Education) to show the CBT (Combat Basic Training), HET (Heavy Equipment Training), Kalmar License, and Defense Advanced GPS (Global Positioning System) Receiver training
* Item 19b (Nearest Relative) to show that his father’s last name is spelled as Dxxxs Sr

2.  He states that he has the proper paperwork to validate and justify his request for correction of his DD Form 214.  He had been searching for a job and needed his DD Form 214.  While searching for his DD Form 214 he came upon extra valuable training and awards that he received that never got credited on his     DD Form 214.  He also states that his dad’s name is Kxxxxxx Exxxxx Dxxxs Sr.

3.  He provides:

* Kalmar Training completion certificate, dated 1 November 2005
* Humanitarian Operations Center Certificate of Appreciation, dated 20 April 2006
* Defense Advanced GPS Receiver New Equipment Training Certificate, dated March 2007
* Army American Council on Education Registry Transcript, issued on 28 February 2011

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’s military record shows he enlisted in the Regular Army on 11 February 2004 for 4 years.  He completed training and he was awarded military occupational specialty 25U (Signal Support Systems Specialist).

3.  On 1 November 2005, he successfully completed 20 hours of the Kalmar Training from 25 October to 1 November 2005.

4.  On 20 April 2006, he was issued a Humanitarian Operations Center Certificate of Appreciation for outstanding support in Kuwait in support of Operation Iraqi Freedom (OIF) and the Global War on Terror.

5.  A Certificate of Training shows he successfully completed 24 hours of the Defense Advanced GPS Receiver New Equipment Training from 6 to 8 March 2007.

6.  He was honorably released from active duty in pay grade E-4 on 10 February 2008, for completion of required active service, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).

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

* Army Commendation Medal
* Army Good Conduct Medal
* 
National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon

8.  Item 14 (Military Education) of his DD Form 214 shows he completed 1 week of the Combat Life Savers Course in 2007.

9.  Item 18 (Remarks) of his DD Form 214 lists the entry, Service in OIF from 6 October 2005 through 5 October 2006. 

10.  Item 19 of his DD Form 214 lists his nearest relative’s name as Kxxxxxx Dxxxd.

11.  He provides a copy of an Army American Council on Education Registry Transcript, issued on 28 February 2011, which shows he completed:

* Basic Combat Training from 20 February to 22 April 2004 (9 weeks)
* Signal Support Systems Specialist Training from 26 April to 25 August 2004 (17 weeks) 
* The HET (Heavy Equipment Training) Qualification Course from 1 April to 15 April 2005 (2 weeks)

12.  Army Regulation 600-8-22 (Military Awards) states the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

13.  Table C-1 of Army Regulation 600-8-22 lists the Department of Defense and Department of the Army approved Humanitarian Service Medal operations.  Neither this table nor the up-to-date Army Human Resources Command's awards website list an approved operation located in Kuwait/Iraq/Afghanistan.

14.  Army Regulation 600-8-22 also states the Afghanistan Campaign Medal is awarded to members who 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 area.  The 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.  

15.  Army Regulation 600-8-22 further states only one award of this Afghanistan Campaign Medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

16.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support 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)

17.  Army Regulation 635-5 (Personnel Separations - 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.  The regulation states:

	a.  Item 13 will lists awards and decorations for all periods of service;  

   b.  Item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 include the title, length in weeks (1 week or more), and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed; and

	c.  Item 19b will list the name of the nearest relative and their address as provided by the Soldier.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant successfully completed 17 weeks of the Signal Support Systems Specialist Course in August 2004 and 
2 weeks of the HET Qualification Course in 2005.  Because these courses are not strictly combat skills courses and could be applied to certain civilian occupations, his DD Form 214 should be corrected to show he completed the Signal Support Systems Specialist Course and HET Qualification Course.

2.  The evidence of records also confirms he successfully completed 20 hours of the Kalmar Training and 24 hours of the Defense Advanced GPS Receiver New Equipment Training.  However, Item 14 will list courses completed in duration of 1 week or more.  Therefore, he is not entitled to this correction to list this training.

3.  The evidence of record further shows his last name is spelled as Dxxxxs.  It appears an administrative error occurred during the processing of his DD Form 214 and his nearest relative’s last name was entered as Dxxxd in Item 19b of his DD Form 214.  There is no harm to the Army or the Soldier to correct Item 19b to show the last name of his nearest relative is spelled as Dxxxs.

4.  The evidence of record also shows he served in Iraq in support of OIF from 6 October 2005 through 5 October 2006 during two campaigns.  Therefore, based on regulatory guidance he is entitled to the addition of the Iraq Campaign Medal with two bronze service stars to his DD Form 214.  

5.  The evidence shows he was issued a Certificate of Appreciation for support he provided to the Humanitarian Operations Center in 2006.  However, there is no evidence available to show he directly participated in a humanitarian act or operation for any period within a designated geographical area of operation and within specified time limits.  Absent evidence to show that he personally participated in a humanitarian act or operation there is insufficient evidence to support correction of his DD Form 214 to show the Humanitarian Service Medal. 

6.  There is also no evidence of record and he has provided none to show he served in Afghanistan in support of OEF.  The evidence of record confirms he served in Iraq in support of OIF and he was awarded the Iraq Campaign Medal.  Pertinent regulation specifies no personnel or units will receive the Afghanistan Campaign Medal and the Iraq Campaign Medal for the same action, time period, or service.  Therefore, he is not entitled to the award of the Afghanistan Campaign Medal and its addition to his DD Form 214.  


7.  In view of the foregoing, his records should be corrected as recommended below.

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.  deleting from Item 13 of the applicant's DD Form 214 the Iraq Campaign Medal;

	b.  adding to Item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars;

	c.  adding to Item 14 of his DD Form 214 the entries Signal Support Systems Specialist Course Air Assault Course, 17 weeks, August 2004 and Heavy Equipment Training Qualification Course, 2 weeks, April 2005; and 

	d.  deleting from Item 19b of his DD Form 214 the last name spelled as Dxxxd and replacing it with the last name spelled as Dxxxs.

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 adding to Items 13 and 14 of his DD Form 214 the following awards and courses:

* Humanitarian Service Medal
* Afghanistan Campaign Medal
* 
Kalmar Training
* Defense advanced GPS Received New Equipment Training



      _______ _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)                                         AR20110004536



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ABCMR Record of Proceedings (cont)                                         AR20110004536



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