IN THE CASE OF:	  

		BOARD DATE:  18 January 2012

		DOCKET NUMBER:  AR20110013859 


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:

* Item 5 (Date of Birth (DOB)) his correct DOB of 16 June 1985
* Item 12f (Foreign Service) full credit for his Iraq tours
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) an additional Army Achievement Medal
* Item 14 (Military Education) the Warrior Leader Course 

2.  The applicant states his DD Form 214 has inaccuracies which do not properly display his term of service.

3.  The applicant provides:

* Certificate of Live Birth
* 2 DA Forms 638 (Recommendation for Award) for the Army Achievement Medal
* DA Form 1059 (Service School Academic Evaluation Report)
* 2 Soldier Deployment History Outprocessing Reports
* DD Form 214


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 19 September 2003.  His initial DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) lists his DOB as 16 June 1985.  A copy of his Certificate of Live Birth listing the same DOB is included with the documents from his initial enlistment.

3.  He completed training and he was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic) and later 11B (Infantryman).  His Enlisted Record Brief (ERB) shows he completed his initial training in Fort Knox, KY followed by various assignments which include Fort Riley, KS, Fort Benning, GA, and Fort Drum, NY.  His ERB, dated 6 April 2009, further shows:

* his DOB as 16 January 1985
* he completed a tour in Iraq during the period 3 February 2005 through
20 January 2006
* he is a Warrior Leader Course graduate
* one award of the Army Achievement Medal 

4.  The applicant provided two Soldier Deployment History Outprocessing Reports, dated 18 September 2006 and 13 May 2009.  These documents were signed and authenticated by the applicant and a reviewing official, and show:

	a.  he was deployed from 2 February 2005 through 19 January 2006 to a named operation for the purpose of a national emergency to an unspecified location; and

	b.  he was deployed from 7 September 2007 through 24 October 2008 to a named operation for the purpose of war to a world-wide location, not within the United States.


5.  His record contains a DA Form 1059, dated 11 March 2009, that shows he attended and completed the Warrior Leader Course at the Noncommissioned Officer Academy, Fort Drum from 24 February through 11 March 2009.  It also shows he was selected as the Distinguished Honor Graduate.

6.  Permanent Orders Number 282-017, issued by Headquarters, 125th Forward Support Battalion, dated 12 October 2005, awarded him the Army Achievement Medal for meritorious service from 1 February to 1 August 2005.

7.  The applicant provided a DA Form 638, dated 10 March 2009, that shows the Deputy Commandant of the Warrior Leader Course recommended him for the 2nd award of the Army Achievement Medal for the period 24 February through 11 March 2009 for meritorious achievement while attending the Warrior Leader Course.  He exemplified all the traits of an outstanding leader, he maintained the highest GPA in the class, and he demonstrated the ability to work well under pressure.  Part V (Orders Data) shows the orders issuing headquarters as Headquarters, 2nd Brigade Special Troops Battalion, Fort Drum and the orders approving authority as the Battalion Adjutant; however, the associated permanent order number was omitted.

8.  He was honorably released from active duty on 24 May 2009 at the completion of required active service.  He attained the rank/grade sergeant (SGT)/E-5.  He completed 5 years, 8 months, and 6 days of creditable active service.  This form also shows in:

* item 5 the entry "19850116"
* item 12f the entry "0001  03  12"
* item 13 the:

* Iraq Campaign Medal with two bronze service stars
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon (2nd Award)
* Overseas Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge


* item 14 he completed the Combat Lifesavers Course and the Wheeled Vehicle Mechanics Course
* item 18 (Remarks) he served in Iraq from 3 February 2005 through 20 January 2006 and from 7 September 2007 through 31 December 2007

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Noncommissioned Officer (NCO) Professional Development Ribbon 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, including the Warrior Leader Course.

10.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It states for:

* item 5, enter six-digit number; year, month, and day without spaces or slashes
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; 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; include title, length in weeks, and year completed
* item 18, for an active duty Soldier deployed to a foreign country with his or her 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's DOB was correct when he signed his initial enlistment contract.  The enlistment contract was filed in his official military personnel file (OMPF) with a copy of his Certificate of Live Birth.  Both documents show his correct birth month as June.  As such, it appears an administrative error occurred during the preparation of his DD Form 214.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct birth month.
2.  The applicant provided a copy of two Soldier Deployment History Outprocessing Reports.  The report prepared on 13 May 2009 shows his second tour in Iraq was from 7 September 2007 through 24 October 2008.  This document was signed and authenticated by the applicant and a reviewing official.  Therefore, his DD Form 214 should be corrected to show the correct dates for his second tour of duty in Iraq.

3.  His first tour in Iraq was from 3 February 2005 through 20 January 2006 and his second tour was from 7 September 2007 through 24 October 2008.  These tours added together equal 2 years, 1 month, and 6 days of foreign service.  Therefore, his DD Form 214 should be corrected to show the correct total amount of foreign service completed.

4.  His record contains a DA Form 1059 that shows he completed the Warrior Leader Course for a period of 2 weeks in 2009.  Therefore, his
DD Form 214 should be corrected to show his completion of the Warrior Leader Course and award of the NCO Professional Development Ribbon.

5.  Additionally, based on the DA Form 638 submitted by the applicant and the DA Form 1059 of record that shows he was selected as the Distinguished Honor Graduate at the Warrior Leader Course, it is reasonable to presume that an administrative error occurred that omitted the permanent order number from his approved 2nd award of the Army Achievement Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the 2nd award of the Army Achievement Medal.

6.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

___X____  ___X____  ____X __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 5 of his DD Form 214 the entry "19850116" and replacing it with the entry "19850616";

	b.  deleting from item 12 of his DD Form 214 the entry "0001  03  12" and replacing it with the entry "0002  01  06";

	c.  deleting from item 13 of his DD Form 214 the Army Achievement Medal;

	d.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon

	e.  deleting from item 18 of his DD Form 214 the entry "SERVICE IN IRAQ 20070907 - 20071231" and replacing it with the entry "SERVICE IN IRAQ 20070907 - 20081024"; and

	f.  adding to item 14 of his DD Form 214 the entry "Warrior Leader Course,
2 weeks, 2009."



      _______ _   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)                                         AR20110013859



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ABCMR Record of Proceedings (cont)                                         AR20110013859



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