IN THE CASE OF:	  

		BOARD DATE:	    12 April 2012

		DOCKET NUMBER:  AR20110019373 


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 Kosovo, Afghanistan (two periods), and Iraq
* All awards associated with his foreign service
* Additional awards and certificates he received

2.  The applicant states he deployed to:

* Kosovo in 1999, while assigned to the 1st Battalion, 26th Infantry Regiment, Germany
* Afghanistan in 2002 and 2004, while assigned to the 1st Battalion,
505th Parachute Infantry Regiment (PIR), Fort Bragg, NC
* Iraq in 2003, while assigned to the 1st Battalion, 505th PIR, Fort Bragg

However, none of his foreign service is shown on his DD Form 214.  He also provides awards and certificates he received that are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, two DA Forms 638 (Recommendation for Award), 13 certificates, and a memorandum.


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 8 January 1998 and he held military occupational specialty 11B (Infantryman).

3.  He was honorably discharged from active duty on 24 May 2005 by reason of physical disability with severance pay.  He completed 7 years, 4 months, and 17 days of creditable active service.

4.  His DD Form 214 shows in:

* Item 12f the entry "0000  00  00" indicating no foreign service during his period of service
* Item 13 the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge

* Item 14 the entry "None" indicating no military education completed during his period of service
* Item 18 no deployed service during his period of service

5.  Section I (Overseas Duty) of his Enlisted Record Brief (ERB), dated 28 January 2005, shows he served 30 months (or 2 years and 6 months) of foreign service in Germany and he returned to the United States in
October 2000.  However, there is no indication he was received normal tour completion credit for this period of foreign service.


6.  Section VIII (Awards and Decorations) of his ERB shows the:

* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Expert Infantryman Badge

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) as follows:

* 17 June - 6 December 1999 (5 months, 20 days), for service in Macedonia/Kosovo
* 9 July 2002 - 21 January 2003 (6 months, 13 days), for service in Afghanistan
* 15 August 2003 - 7 April 2004 (7 months, 24 days), for service in Kuwait/Iraq
* 22 September - 1 November 2004 (1 month, 11 days), for service in Afghanistan

8.  The applicant provides:

* Permanent Order Number 20-07, issued by Headquarters (HQ), 1st Battalion, 26th Infantry, dated 20 January 1999, awarding him the Army Achievement Medal for the period 15 October to 24 November 1998
* Permanent Order Number 117-4, issued by HQ, 1st Battalion, 505th PIR, dated 29 April 2002, awarding him the Army Achievement Medal for the period 16 September 2001 to 11 June 2002
* Permanent Order Number 347-47, issued by HQ, 3rd Brigade, 82nd Airborne Division, dated 13 December 2002, awarding him the Army Commendation Medal for the period 7 July 2002 to 14 January 2003
* A Certificate of Training issued by Company, 1st Battalion, 50th Infantry, Fort Benning, GA, for successfully completing the Bradley Fighting Vehicle Infantryman Course from 17 to 29 April 1998
* A Certificate of Training issued by the 280th Base Support Battalion, Germany, for successfully completing the German Headstart course from 2 to 17 June 1998
* A Certificate of Training issued by the 1st Infantry Division, Germany, for successfully completing the Big Red One's Pre-Ranger Course from
3 to 17 February 2000
* A Certificate of Appreciation issued by the 1st Infantry Division for completing the 2nd "DAGGER" Brigade Sniper Course from 28 February to 6 April 2000
* A Diploma issued by the XVIII Airborne Corps Noncommissioned Officer (NCO) Academy, Fort Bragg, for successfully completing the Primary Leadership Development Course (PLDC) from 18 April to 17 May 2001
* A Certificate of Appreciation issued by the Kosovo Force Multinational Brigade (East) for outstanding service to the peacekeeping mission in Kosovo

9.  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 for:

* item 13 – list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); 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 covered by the DD Form 214, this information is to assist the soldier in job placement/counseling; therefore, do not list training courses for combat skills
* 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)"

10.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed; certificates of achievement, letters of appreciation, and similar documents are not listed.  It states:

	a.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations, including Operation Allied Force
(24 March 1999 through 10 June 1999) area of eligibility (AOE).  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the AOE or for 60 


nonconsecutive days provided this support involves entering the operation's AOE or meet one or more of several other, specified criteria.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 30 consecutive or 60 nonconsecutive days that began during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

	b.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF) in Afghanistan on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of the record shows that during his two deployments to Afghanistan he served in the Consolidation I Campaign (1 December 2001 - 30 September 2006).

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF) in Iraq on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his record shows the applicant served in Iraq during the Transition of Iraq Campaign (2 May 2003 - 28 June 2004).

	d.  The Overseas Service Ribbon 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.  Normal tour completion for Germany is 24 months unaccompanied and 36 months accompanied. 

	e.  The 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.  The basic ribbon is awarded for completion of the Warrior Leader Course (formerly called the PLDC) for award of the basic ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant had foreign service in Macedonia/Kosovo, Afghanistan, and Kuwait/Iraq for a total of 1 year, 9 months, and 8 days and he served in Germany for 2 years and 6 months, 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.

2.  He completed 30 months of foreign service in Germany.  However, there is no indication if he served in Germany in an accompanied or unaccompanied status.  There is no evidence to show he was awarded normal tour completion credit for his foreign service in Germany or, if he served in an accompanied status, whether or not his tour was curtailed at the convenience of the government or through his request.  Therefore, there is an insufficient evidentiary basis for awarding him the Overseas Service Ribbon as a result of his service in Germany.

3.  He served in Kosovo, Afghanistan, and Iraq during qualifying periods for award of the Kosovo Campaign Medal with one bronze service star, Afghanistan Campaign Medal with one bronze service star, and the Iraq Campaign Medal with one bronze service star.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

4.  Records confirm he was awarded the Army Good Conduct Medal (2nd Award), Army Achievement Medal (2nd Award), Army Commendation Medal, and the Expert Infantryman Badge which are not shown on his DD Form 214.  Therefore he is entitled to correction of his DD Form 214 to show these awards.

5.  Evidence shows he successfully completed the NCO PLDC conducted at Fort Bragg from 18 April to 17 May 2001 (4 weeks).  Therefore, he is entitled to award of the NCO Professional Development Ribbon and correction of his
DD Form 214 accordingly.

6.  He successfully completed the German Headstart course conducted from
2 to 17 June 1998 (2 weeks).  Therefore, he is entitled to correction of his DD Form 214 accordingly.

7.  With respect to the certificates of training for the Bradley Fighting Vehicle Course and the Pre-Ranger Course, these are training courses for combat skills.  Therefore, there is no basis for adding these training courses to his
DD Form 214.

8.  With respect to the certificates of appreciation for completing the Sniper Course, Pre-Ranger Course, and service in Kosovo, commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a certificate of 


appreciation or commendation of local design.  There is no distinguishing device authorized for wear to indicate the receipt of a certificate of appreciation and there is no provision to list such certificates on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

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.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0004  03  08";

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

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* Kosovo Campaign Medal with one bronze service star
* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with one bronze service star
* Noncommissioned Officer Professional Development Ribbon
* Expert Infantryman Badge

	c.  adding to item 14 of his DD Form 214 the entries:

* German Headstart, 2 weeks, June 1998
* Primary Leadership Development Course, 4 weeks, May 2001


	d.  adding to item 18 of his DD Form 214 the entries:

* Service in Macedonia/Kosovo from 19990617 - 19991206
* Service in Afghanistan from 20020709 - 20030121
* Service in Kuwait/Iraq from 20030815 - 20040407
* Service in Afghanistan from 20040922 - 20041101

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 adding to his DD Form 214 the certificates of training and appreciation provided by the applicant and/or the Overseas Service Ribbon.



      _______ _  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)                                         AR20110019373



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ABCMR Record of Proceedings (cont)                                         AR20110019373



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