IN THE CASE OF:	  

		BOARD DATE:	    22 November 2011

		DOCKET NUMBER:  AR20110010378 


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 in:

	a.  item 11 (Primary Specialty) that he served in military occupational specialty (MOS) 95C (corrections specialist) for 2 years and 3 months;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Afghanistan Campaign Medal and the Southwest Asia Service Medal; and

	c.  item 14 (Military Education) that he completed the following courses:

		(1)  Primary Leadership Development Course (PLDC), Noncommissioned Officer Academy, Fort Riley, KS, during the period 25 April to 25 May 1995;

		(2)  Airborne/Basic Parachutist Course, Infantry School, Fort Benning, GA, during the period 28 October to 15 November 1996;

		(3)  Individual Terrorism Awareness Course, John F. Kennedy Special Warfare Center (JFKSWC) and School, Fort Bragg, NC, during the period 8 to 12 September 2003;

		(4)  Nuclear, Biological, and Chemical Defense Course, Chemical Academy, Fort Bragg, during the period 14 to 28 May 2001;

		(5)  Technical Transportation of Hazardous Materials, Ammunition School, Savanna, IL, during the period 3 to 14 February 2003;

		(6)  Psychological Operations Officer Reserve Component, JFKSWC and School, Fort Bragg, during the period 1 October 1998 to 8 November 1999; and

		(7)  Combat Lifesavers Course, Correspondence Course, during the period 1 October 1999 to 3 September 2000.

2.  He also requests corrections on his DA Form 2-1 (Personnel Qualification Record – Part II).

3.  He states:

* his DD Form 214 is missing medals, courses, and a specialty
* he was assigned to the U.S. Disciplinary Barracks, Fort Leavenworth, KS, from May 1994 to August 1996 as a corrections specialist
* his two previous DA Forms 2166-8 (Noncommissioned Officer Evaluation Reports (NCOER's)) show the time frame he was deployed to Afghanistan

4.  He provides:

* DD Form 214
* two NCOER's for the periods ending August 2002 and April 2002
* DA Form 2-1 
* desired updates and corrections to his DA Form 2-1
* Army Training Requirements and Resources System (ATRRS) transcript
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 30 August 1990.  He completed one-station unit training (OSUT) at Fort McClellan, AL, and was awarded MOS 95B (Military Police).

3.  His DA Form 1059 (Service School Academic Evaluation Report) shows he completed the Primary Leadership Development Course during the period 25 April to 25 May 1995.

4.  Permanent Orders 309-256, dated 4 November 1996, show he was awarded the Parachutist Badge on 15 November 1995 after successful completion of airborne training.

5.  His DA Form 2-1 shows in:

* item 5 (Overseas Service) no entry for service in Southwest Asia
* item 6 (MOS's) no entry
* item 9 (Awards, Decorations, and Campaigns) no Afghanistan Campaign Medal or Southwest Asia Service Medal
* item 23 (Civilian Education and Military Schools) the following courses –

* Law Enforcement (95B) Course
* U.S. Disciplinary Barracks Pre-Service Course
* PLDC
* Special Forces Assessment and Selection Course
* Basic Airborne Course

* Item 35 (Record of Assignments) duties as a corrections specialist from 18 May 1994 to 11 October 1996 in duty MOS 95C at Fort Leavenworth

6.  He provides copies of his NCOER's for the periods ending April 2002 and August 2002 which show he performed duties as a team leader in MOS 95B2P (parachutist qualified).  These NCOER's also show he deployed overseas in support of Operations Enduring Freedom and Noble Eagle.

7.  His undated ATRRS transcript shows he held the following MOS(s):

MOS
From
To
95B1O Primary 
September 1990
June 1992
95B1O Primary
February 1991
October 1998
95B2O Primary 
November 1998
September 2003
95C1O Duty
no dates indicated
95C2O Duty
no dates indicated
31B2O Primary
October 2003
present
8.  His ATRRS transcript also shows he completed the following courses:

Course Title
Dates
Location
PLDC
25 April-25 May 1995
Fort Riley, KS
Airborne
28 October-15 November 1996
Fort Benning, GA
Psychological Operations Officer-Reserve Component
1 October 1998-8 November 1999
Fort Bragg, NC
Combat Lifesaver
1 October 1999-30 September 2000
correspondence course
Individual Terrorism Awareness
8-12 September 2003
Fort Bragg, NC
Technical Transportation of Hazardous Materials
3-14 February 2003
Savanna, IL
9.  He provided a list of desired updates and corrections to his DA Form 2-1, including such data as:

* Section I (Identification Data), block 5 (Oversea Service)
* Section II (Classification and Assignment Data):

* block 6 (MOSs) 
* block 9 (Awards, Decorations and Campaigns)
* block 17 (Civilian Education and Military Schools)

* Section IV (Personal and Family Data), block 25 (Home of Record/Address)
* Section VII (Current and Previous Assignments), block 28 (Record of Assignments)

10.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  A phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  This data base does not indicate the applicant served in theater during Operations Desert Shield/Desert Storm.



11.  The applicant was honorably discharged on 31 January 2004.  His DD Form 214 shows in:

* item 11 the entry "35B2P00 MILITARY POLICE – 13 YRS – 1 MOS"
* item 13 no entry for award of the Afghanistan Campaign Medal or the Southwest Asia Service Medal
* item 14 only the Military Police Course and the Special Forces Assessment and Selection Course

12.  In an email, dated 2 November 2011, the Defense Finance and Accounting Service (DFAS) indicated he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for the period 21 December 2001 through 10 July 2002 (a period of 6 months and 20 days) for service in Uzbekistan.

13.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It directs that:

	a.  item 11 will reflect the titles of all MOS's served for at least 1 year and the number of years and months served will be entered.  For a time determination, 16 days or more count as a month.  The proponent of the regulation has clarified that “served” means “awarded” ;

	b.  item 13 will reflect decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service;

	c.  item 14 will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed; and

	d.  item 18 will reflect the statement, "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)," for an active duty Soldier deployed with his or her unit during their continuous period of active service.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility (AOE) 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.

	b.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.

	c.  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 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.

	d.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

15.  Army Regulation 640-2-1 (Personnel Qualification Records) and Army Regulation 600-8-104 (Military Personnel Information Management/Records) establish the policies and provisions for the maintenance of Army military personnel files.  The DA Form 2-1 is a management tool used by military commanders and personnel managers to effectively manage a Soldier’s career.  The form is not intended to be a historical record of a Soldier’s career nor intended for use outside, or beyond, an individual’s military service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed OSUT and he was awarded MOS 95B.  His ATRRS transcript shows he held this MOS until September 2003.  His NCOER's for the periods April 2002 and August 2002 both show he performed duties in MOS 95B2P.  Additionally, his ATRRS transcript shows he performed duties in MOS 95C1O and 95C2O, but the specific time frames are not indicated.

2.  Although his DA Form 2-1 indicates he performed duties as a corrections specialist in duty MOS 95C2O from 18 May 1994 to 11 October 1996, his record is void of any evidence showing he was awarded MOS 95C as either a primary or secondary MOS at any time.  In the absence of sufficient evidence, there is no basis for amending item 11 of his DD Form 214 to include this MOS.

3.  His DFAS pay records indicate he received HFP/IDP and CZTE for the period 21 December 2001 through 10 July 2002 for service in Uzbekistan.  This information is accepted as sufficient evidence as a basis to amend item 18 of his DD Form 214 to show this foreign service.

4.  Based on his service in Uzbekistan, he is also eligible for award of the GWOTEM.  He is also eligible for award of the GWOTSM and correction of his DD Form 214 to show these awards.

5.  His service record is void of evidence and he has not provided any evidence which indicates he was deployed to Afghanistan or Southwest Asia in support of Operations Desert Shield/Desert Storm.  Therefore, he is not eligible for award of the Afghanistan Campaign Medal or the Southwest Asia Service Medal.

6.  The evidence of record shows he completed the following courses:

* PLDC
* Basic Airborne Training 
* Individual Terrorism Awareness Course
* Technical Transportation of Hazardous Materials
* Psychological Operations Officer Reserve Component

7.  Although the applicant completed the Combat Lifesavers Course through correspondence during the period 1 October 1999 to 3 September 2000, the governing Army regulation directs that only formal in-service training courses will be recorded in item 14 of the DD Form 214.  Therefore, this correspondence course is not authorized to be recorded on his DD Form 214.  

8.  His service record is void of evidence which indicates he completed the Nuclear, Biological, and Chemical Defense Course.  Therefore, there is no basis to amend his DD Form 214 to show this course.

9.  The applicant's list of desired updates and corrections to his DA Form 2-1 is acknowledged.  However, Army Regulation 640-2-1 and Army Regulation       600-8-104 prescribe instructions for preparing and maintaining for the DA Form 2-1.  As the applicant no longer has a military status, there is no basis to recommend that that form be changed.  The DD Form 214 is the document used to record the military history of a separated individual.  

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 the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 13 to add awards of the GWOTEM and GWOTSM;

	b.  amending item 14 to show he completed the following courses:

* PLDC, 4 weeks, May 1995
* Basic Airborne Training, 3 weeks, November 1996
* Individual Terrorism Awareness Course, 1 week, September 2003
* Technical Transportation of Hazardous Materials, 2 weeks, February 2003
* Psychological Operations Officer Reserve Component, 1 year and 1 month, November 1999

   c.  amending item 18 to add the entry, "SERVICE IN UZBEKISTAN FROM 20011221-20020710"

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 correction of his DD Form 214 to show he:

* served in MOS 95C for 2 years and 3 months
* was awarded the Afghanistan Campaign Medal and/or Southwest Asia Service Medal
* completed the Nuclear, Biological, and Chemical Defense Course and Combat Lifesavers Course
* Corrections to DA Form 2-1




      _______ _   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)                                         AR20110010378



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ABCMR Record of Proceedings (cont)                                         AR20110010378



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