IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004570 


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) to show:

* his foreign service in Uzbekistan/Afghanistan
* his military education
* awards of the:

* Legion of Merit
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* National Defense Service Medal with two bronze service stars
* Armed Forces Reserve Medal with "M" Device
* Armed Forces Reserve Medal with Gold Hourglass Device (30 years of service)
* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Expert Marksmanship Qualification Badge with Pistol Bar 
* 10th Mountain Division and 18th Airborne Corps shoulder sleeve insignia for former wartime service (SSI-FWTS)

2.  The applicant states the Legion of Merit was awarded after his active duty discharge and other awards were awarded after his redeployment.  The weapons qualification was done at Fort Hood, TX, before his deployment, but the records were lost when the roof of the Reserve center collapsed during Hurricane Ike.

3.  The applicant provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* six orders
* four memoranda of record
* two DA Forms 1059 (Service School Academic Evaluation Report)
* three award citations
* award certificate
* four certificates of training

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 requests correction of his DD Form 214 to show award of the National Defense Service Medal with two bronze service stars and the Armed Forces Reserve Medal with "M" Device.  His DD Form 214 shows he was awarded the National Defense Service Medal with two bronze service stars, depicted as the "National Defense Service Medal (3rd Award)" and the Armed Forces Reserve Medal with "M" Device.  Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  Having prior U.S. Marine Corps Reserve service, he enlisted in the U.S. Army Reserve (USAR) on 21 March 1981 and he held military occupational specialty 11B (Infantryman).  He served in staff and leadership positions and attained the rank/grade of command sergeant major/E-9.

4.  He was mobilized as a member of his USAR unit in support of Operation Enduring Freedom (OEF) and he entered active duty on 1 January 2003.

5.  He was honorably released from active duty on 5 September 2003 by reason of completion of required active service.  The DD Form 214 he was issued shows he completed 8 months and 5 days of creditable active service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Global War on Terrorism Service Medal or the Global War on Terrorism Expeditionary Medal.  Item 13 does show award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Legion of Merit, Armed Forces Reserve Medal with Gold Hourglass device, Driver and Mechanic Badge, or any expert marksmanship qualification badges.

7.  Item 14 (Military Education) of his DD Form 214 shows the entry "None."

8.  Item 18 (Remarks) of his DD Form 214 does not reflect deployment to a foreign country.

9.  A memorandum for record issued by the 373rd Corps Support Battalion, Beaumont, TX, dated 25 May 2004, awarded the applicant the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal for his service on active duty in support of OEF and his deployment to Uzbekistan and Afghanistan from February through August 2003.

10.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service during this period.  By email, dated 22 August 2011, a DFAS representative verified the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Uzbekistan/Afghanistan from 4 February to 31 August 2003.

11.  His records do not contain orders for award of the Driver and Mechanic Badge.

12.  The applicant provides:

* Permanent Order Number 053-004 issued by Headquarters, USAR Command, dated 22 February 2005, awarding him the Legion of Merit
* Orders C-03-505717 issued by the U.S. Army Human Resources Command, dated 29 March 2005, assigning him to the Retired Reserve effective 30 April 2005
* Operator Qualification Record, undated, showing the entry "Total Miles Driven:  098472"

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 contains guidance for the preparation of the DD Form 214.  It states:

* item 13 – list awards and decorations; each entry will be verified by the Soldier's records
* item 14 – list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214
* item 18 – for a Soldier deployed to a foreign country, enter the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)"

14.  Army Regulation 600-8-22 (Military Awards) states the Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  The eligibility requirements for drivers requires that a Soldier must be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months, or during at least 8,000 miles with no government motor vehicle accident or traffic violation, or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

15.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  Paragraph 28-17 prescribes the authority for authorization, periods of authorization, and manner of wear for the SSI-FWTS.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal which are not shown on his DD Form 214.  Therefore he is entitled to correction of his DD Form 214 to show these awards.

2.  He received HFP/IDP for deployment to Uzbekistan/Afghanistan from 4 February to 31 August 2003 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.
3.  With respect to adding his military education to his DD Form 214, he did not complete any formal training courses during the period of service covered by the DD Form 214.  Therefore he is not entitled to the requested relief.

4.  With respect to adding awards of the Legion of Merit and Armed Forces Reserve Medal with Gold Hourglass Device to his DD Form 214, the DD Form 214 is a record of a Soldier's service at the time of separation from active duty.  There are no provisions for adding awards to the DD Form 214 which were awarded or which a Soldier qualified for 2 years after the Soldier was released from active duty.

5.  With respect to award of the Driver and Mechanic Badge, his record does not contain orders awarding him the Driver and Mechanic Badge and he has not submitted evidence that shows he met the qualifications for award of this badge.  Therefore, there is insufficient evidence upon which to base award of this badge.

6.  With respect to awards of the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, his records do not contain orders awarding him these badges and he has not submitted evidence that shows he was awarded these badges.  Therefore, there is insufficient evidence upon which to base award of these badges.

7.  The SSI-FWTS indicating former wartime service is worn on the uniform as prescribed in Army Regulation 670-1.  The SSI-FWTS is not an award or decoration.  Therefore, there is no provision for entering the SSI-FWTS on the 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 the evidence presented is 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 his DD Form 214 as follows:
* adding awards of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal
* adding the statement "SERVICE IN UZBEKISTAN/AFGHANISTAN FROM 20030204-20030831"
2.  The Board further determined 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 to show his military education and awards of the:

* Legion of Merit
* Armed Forces Reserve Medal with Gold Hourglass 
* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars
* 10th Mountain Division and 18th Airborne Corps SSI-FWTS



      _______ _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)                                         AR20110004570



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ABCMR Record of Proceedings (cont)                                         AR20110004570



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