IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110008088 


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) for the period ending 12 March 2003 to show:

* rank and pay grade of private first class (PFC)/E-3
* Sapper Leader Course
* Army Achievement Medal
* Afghanistan Campaign Medal
* Sapper Tab

2.  He states, in effect, that he was promoted to PFC prior to his separation from active duty.  He states that he successfully completed the Sapper Leadership Course in April 2002 and would like to have it added to the education portion of his DD Form 214.  He continues that the Army Achievement Medal, Afghanistan Campaign Medal, and Sapper Tab were omitted from his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a DA Form 4187 (Personnel Action), dated 8 January 2003
* a Sapper Leader Course Certificate and Certificate of Graduation
* 
Headquarters, 307th Engineer Battalion Permanent Orders 29-1, dated 
29 January 2003
* U.S. Army Maneuver Support Center and Fort Leonard Wood Permanent Orders Number 301-04, dated 27 October 2004

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 13 March 2000 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 12B (Combat Engineer).

3.  A Sapper Leader Course Certificate shows he successfully completed the course during the period 11 March 2002 through 8 April 2002.

4.  A DA Form 4187, dated 3 January 2003, shows he was recommended for advancement to the rank and pay grade of PFC/E-3 with an effective date of       2 February 2003.  There is no evidence of any adverse information or that he was later reduced.   (On 12 October 2011, DFAS confirmed his rank and pay on his separation date was PV2/E-2.)

5.  Headquarters, 307th Engineer Battalion Permanent Orders 29-1, dated 
29 January 2003, show that he was awarded the Army Achievement Medal for meritorious service during the period 1 September 2000 through 31 January 2003.

6.  On 12 March 2003, he was honorably released from active duty after completing 3 years of creditable active service.

7.  The applicant’s DD Form 214 with the period ending 13 March 2003 shows in item 4a (Grade, Rate, or Rank) the rank of PV2.  Item 4b (Pay Grade) shows the 
pay grade of E-2.  Item 12f (Foreign Service) shows the entry year(s) “0000” month(s) “00” and day(s) 00.”  Item 12h (Effective Date of Pay Grade) shows the entry year(s) "2002" month(s) “10” and day(s) “01.”  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show he was awarded:

* Army Commendation Medal (2d award)
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutists Badge

8.  Item 14 (Military Education) does not show he completed the Sapper Leader Course and item 18 (Remarks) does not show his deployment to Afghanistan.

9.  U.S. Army Maneuver Support Center and Fort Leonard Wood Permanent Orders Number 301-04, dated 27 October 2004, show he was awarded the Sapper Tab for successfully completing the Sapper Leader Course.

10.  On 28 June 2011, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Afghanistan from 29 June 2002 through         12 December 2002.  

11.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal 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 Operation Enduring Freedom.  A bronze service star is authorized for the following campaign:   Consolidation I – 1 December 2001-30 September 2006.

12.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal on or after 11 September 2001 to a future date to be determined.

13.  Army Regulation 600-8-22 provides that the Sapper Tab was established by the Chief of Staff, Army on 28 June 2004.  It is authorized for award to U.S. military and civilian personnel and foreign military personnel who meet the prescribed eligibility criteria.  The basic eligibility criteria for award of the Sapper Tab is successful completion of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  

14.  Army Regulation 635-5 (Separation Documents), in effect at that time, established the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states for item 13 list awards and decorations for all periods of service in priority sequenced.  Entries will be verified by the Soldier’s records.  Item 14 states list in-service training course one week or longer by; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

15.  Army Regulation 635-5, in item 18, for active duty Soldiers deployed with their 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.  The applicant submitted a DA Form 4187, dated 8 January 2003 that shows he was recommended for advancement to the pay grade of E-3 effective             1 February 2003, prior to his separation.  However, on 12 October 2011 DFAS confirmed his rank/pay grade at the time of his separation from active duty was PV2/E-2.  Therefore, the DA Form 4187 he provided is insufficient to correct the rank/pay grade to show PFC/E-3 on his DD Form 214.

2.  The applicant's DD Form 214 does not show service in Afghanistan.  However, DFAS confirmed that he served in Afghanistan in support of Operation Enduring Freedom during the period 29 June 2002 through 12 December 2002.  Therefore, his DD Form 214 should be amended to read "0000" years, "05" months, and "14" days in item 12f and to add "SERVICE IN AFGHANISTAN FROM 20020629-20021212" to item 18.

3.  Orders show the applicant was awarded the Army Achievement Medal for meritorious service during the period 1 September 2000 through 31 January 2003.  Therefore, he is entitled to correction of his records to show this award.

4.  Orders show that the applicant was awarded the Sapper Tab for completion of the Sapper Leader Course during the period 11 March 2002 through 8 April 2002.  Therefore, he is entitled to correction of his records to show this award.
5.  The applicant met the eligibility criteria for award of the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal.  These awards should be added to his DD Form 214.

6.  Evidence of records shows that the applicant had successfully completed the sapper Leader Course.  However, the Sapper Leader Course is a combat-skills producing course and is not entered on the DD Form 214.  Therefore, the applicant is not entitled to correction of his records to show this course.

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.  amending item 12f of his DD Form 214 to read, "0000" year(s), "05" month(s), and "14" day(s)

	b.  amending his DD Form 214 in item 13 to add:

* Army Achievement Medal
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Sapper Tab

	c.  amending item 18 of his DD Form 214 to add "SERVICE IN AFGHANISTAN FROM 20020629-20021212."

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 changing his rank/pay grade to PFC/E-3 and adding the Sapper Leader Course to his DD Form 214.  



      ____________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)                                         AR20110008088





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ABCMR Record of Proceedings (cont)                                         AR20110008088



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