IN THE CASE OF:	  

		BOARD DATE:  31 July 2012

		DOCKET NUMBER:  AR20120001997 


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 all of his awards and educational achievements.

2.  The applicant states he is applying for various government jobs and noted errors while assembling his military records.

3.  The applicant provides:

* DD Form 214
* Memorandum for Record with subject:  Proof of Service (Wartime)
* Permanent Orders #107-7, 13th Finance Group, Fort Hood, TX, dated 17 April 2001, awarding the Army Achievement Medal (AAM)
* Diploma, The Adjutant General School, Postal Operations Course, dated 5 April 2000 (5 weeks)
* Certificates of Training

* 80-Hour Division Support Command (DISCOM) Drivers Academy –   22 May 2000 to 13 June 2000
* Defensive Driving Course II – 10 May 2000
* 4-Hour Records Management, 26 July 2000
* 8-Hour Publications Management, 24-25 July 2000
* 12-Hour Microsoft Windows 95, 10-12 July 2000



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 was a Regular Army Soldier from 19 August 1999 through 20 December 2003, serving in military occupational specialty (MOS) 71L (Administrative Specialist).  He served in Iraq with the 1st Armored Division Task Force during Operation Iraqi Freedom from 7 May 2003 to 15 September 2003.

3.  The applicant's DD Form 214 shows:

* in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon
* in Block 14 (Military Education), Administrative Specialist Course (71L), 05 Weeks, March 2000
* in Block 18 (Remarks), no mention of Iraq service

4.  Orders show the applicant was awarded the AAM for outstanding service from 10 May 2000 to 30 April 2001.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  It provides:

	a.  List in Block 14 all formal in-service (full-time attendance) training courses of 40 hours or more 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.
	b.  Enter in Block 18 the following for active duty Soldiers deployed with his or her unit during their continuous period of active service, “SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”

6.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

7.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, 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 days or 60 nonconsecutive days are authorized the GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  Regarding awards, the evidence of record shows:

	a.  The applicant provided orders awarding him the AAM; it should be added to his DD Form 214.

	b.  The applicant served on active duty on or after 11 September 2001; he is entitled to inclusion of that award on his DD Form 214.

	c.  The applicant served in Iraq from 7 May 2003 to 15 September 2003; the ICM with one bronze service star should be included on his DD Form 214.
2.  Regarding military education, the evidence of record shows the applicant completed several courses; however, not all qualify for inclusion in Block 14 of his DD Form 214.

	a.  The courses that qualify are:

* Postal Operations Course, 05 weeks, April 2000
* DISCOM Drivers Academy, 03 weeks, June 2000

	b.  The courses that do not qualify because they are not formal in-service (full-time attendance) training courses of 40 hours or more are:

* Defensive Driving Course II – 10 May 2000
* 4-Hour Records Management, 26 July 2000
* 8-Hour Publications Management, 24-25 July 2000
* 12-Hour Microsoft Windows 95, 10-12 July 2000

3.  The applicant served in Iraq during OIF from 7 May 2003 to 15 September 2003.  Block 18 of his DD Form 214 should state “SERVICE IN IRAQ FROM 20030507 - 20030915.”

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:

* adding to Block 13 of his DD Form 214 the AAM, ICM with 1 bronze service star, and GWOTSM
* adding to Block 14 of his DD Form 214:

* Postal Operations Course, 05 weeks, April 2000
* DISCOM Drivers Academy, 03 weeks, June 2000
* adding to Block 18 of his DD Form 214 the entry “SERVICE IN IRAQ FROM 20030507 - 20030915”

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 adding the following courses to his DD Form 214:

* Defensive Driving Course II – 10 May 2000
* 4-Hour Records Management, 26 July 2000
* 8-Hour Publications Management, 24-25 July 2000
* 12-Hour Microsoft Windows 95, 10-12 July 2000




      __________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)                                         AR20120001997





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ABCMR Record of Proceedings (cont)                                         AR20120001997



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