IN THE CASE OF:	

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110014594 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 November 2005 to show:

* foreign service from 4 December 2000 to 8 December 2003
* the Iraq Campaign Medal (ICM) with two campaign stars 
* the Overseas Service Ribbon (OSR)
* the Army Achievement Medal (AAM)
* the Unit Supply Course was 8 weeks long
* she completed the "LOG 73" course
* the German Head Start Course

2.  She states her service should be properly reflected on her DD Form 214.

3.  She provides:

* a DA Form 638 (Recommendation for Award)
* two Certificates of Training
* an AAM Certificate
* a Unit Supply Specialist Course Diploma
* a Certificate of Graduation
* her Enlisted Record Brief (ERB)



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 (RA) on 9 May 2000.  After completing initial entry training, she was awarded military occupational specialty 92Y (Unit Supply Specialist) and assigned to duty in Germany.

3.  An ERB, dated 19 October 2005, shows:

* the entry "GM" (Germany) in the country column of the Overseas Duty section of Section I (Assignment Information) with no entries for the year/month of return, months of service, or number of tours
* no entries in Section VI (Military Education)
* in Section VIII (Awards and Decorations) the National Defense Service Medal (NDSM) and Global War on Terrorism Service Medal (GWOTSM)
* in Section IX (Assignment Information) she was assigned to a unit in Germany from 14 August 2002 to 5 September 2005

4.  She was honorably discharged on 18 November 2005.  The DD Form 214 issued at that time shows in:

* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – NDSM, Army Service Ribbon (ASR), and GWOTSM
* item 14 (Military Education) – "Unit Supply [Course], 5 weeks, Dec 2000" 

5.  Her record is void of documentation showing she completed the Unit Supply Course in December 2000.

6.  On 4 December 2009, the Army Review Boards Agency, St. Louis, MO, issued a DD Form 215 (Correction to DD Form 214) amending her DD Form 214 for the period ending 18 November 2005 to show in:

* item 12f – "0000  10  28"
* item 18 – "Service in Kuwait/Iraq from 20030310 – 20030711"

7.  On 22 April 2010, following a period of service in the Army National Guard, she enlisted again in the RA.  

8.  An ERB, dated 27 June 2011, shows in:

* Section I she served in Germany from 4 December 2000 to 8 December 2003 and was credited with completing one long tour
* Section VI she completed the Combat Life Saver Course in 2011, the Unit and Organizational Supply Course in 2001, and the Command Language Program German Headstart Course in 2000
* Section VIII the AAM (2d Award), NDSM, ICM with two campaign stars, GWTSM, ASR, and OSR

9.  On 6 July 2011, she was discharged under other than honorable conditions in lieu of trial by court-martial.  Item 13 of the DD Form 214 issued at that time shows the:

* AAM (2d Award)
* NDSM
* GWOTSM
* ICM with campaign star (2d Award)
* ASR
* OSR

10.  She provides a:

* Unit Supply Specialist Course Diploma showing her training period for the course was 8 August to 29 September 2000
* Certificate of Training, dated 15 December 2000, showing she completed 30 hours of course work in German Headstart Instruction
* Certificate of Training showing she completed the 40-hour "LOG 73, Unit Level Supply Course" on 7 December 2001
* DA Form 638 showing Headquarters, 440th Signal Battalion, issued Permanent Order Number 211-01, awarding her the AAM for the period 4 December 2000 to 8 December 2003

11.  Army Regulation 600-8-22 (Military Awards) states the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

12.  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 for:

	a.  item 12f, from the ERB, enter the total amount of foreign service completed during the period covered in block 12c;

	b.  item 13, list awards and decorations for all periods of service;

	c.  item 14, from the ERB, 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.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalog) to determine its usefulness to the Soldier after transitioning from the Army.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Germany from 4 December 2000 to 8 December 2003, a total of 3 years and 5 days.  However, item 12f of her DD Form 214 for the period ending 18 November 2005, as amended by a DD Form 215, shows 10 months and 28 days.  She is entitled to correction of item 12f of her DD Form 214 for the period ending 18 November 2005 to show 3 years and 5 days.  

2.  She was credited with completion of an overseas tour during her initial period of RA service.  Therefore, she is entitled to correction of her DD Form 214 for the period ending 18 November 2005 to show the OSR.

3.  She was awarded the ICM with two campaign stars (also called bronze service stars) for service in Iraq during her initial RA enlistment.  Therefore, she is entitled to correction of her DD Form 214 for the period ending 18 November 2005 to show the ICM with two bronze service stars.   

4.  She was awarded the AAM during her first period of RA service.  Therefore, she is entitled to correction of her DD Form 214 for the period ending 18 November 2005 to show this award.

5.  The evidence of record indicates an error and omissions in Item 14 of her DD Form 214.

	a.  Item 14 shows she completed the 5-week Unit Supply Course in December 2000.  It appears this entry is an error.  The available records show the duration of the course was approximately 8 weeks and that she completed the course in September 2000.  Further, the governing regulation does not provide for entering the month of completion.  

	b.  She completed the Unit Supply Specialist Course during the period 8 August to 29 September 2000, a period of approximately 8 weeks.  

	c.  In December 2000, she completed 30 hours of course work in German Headstart Instruction.

	d.  On 7 December 2001, she completed the 1-week Unit Level Supply Course.

	e.  It would be appropriate to correct item 14 of her DD Form 214 for the period ending 18 November 2005 by deleting the entry currently shown and adding:

* Unit Supply Specialist Course, 8 weeks, 2000
* German Headstart, 1 week, 2000
* Unit Level Supply Course, 1 week, 2001

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 making the following deletions and additions to her DD Form 214 for the period ending 18 November 2005:

	a.  delete the entries in items 12f and 14; 

	b.  add "0003  00  05" to item 12f;

	c.  add to item 13 the:

* AAM
* ICM with two bronze service stars
* OSR

	d.  add to item 14 the:

* Unit Supply Specialist Course, 8 weeks, 2000
* German Headstart, 1 week, 2000
* Unit Level Supply Course, 1 week, 2001



      _______ _   _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)                                         AR20110014594





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014594



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1