IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120002391 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 June 2009 to show additional awards and statements.

2.  The applicant states he is entitled to correction of his DD Form 214 to show the additional awards of the:

* Valorous Unit Award (VUA)
* Army Good Conduct Medal (AGCM) (2nd Award)
* Overseas Service Bar (3rd Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR)
* Army Reserve Components Achievement Medal (ARCAM) (2nd Award)
* Overseas Service Ribbon (OSR)

3.  He also states the additional statements "authorized shoulder sleeve insignia for former wartime service" (SSI-FWTS) and "served in a designated imminent danger pay area" should be added to block 18 (Remarks) as annotated on his DD Form 214 for the period ending 11 May 2005.

4.  The applicant provides 

* Self-authored statement, dated 25 June 2009


* DD Form 214 for the period ending 24 June 2009
* DD Form 215 (Correction to DD Form 214 for the period ending 24 June 2009), dated 1 March 2011
* Memorandum issued by Headquarters and Headquarters Company (HHC), 844th Combat Engineers, 412th Engineer Command, Knoxville, TX, subject:  Award of the Good Conduct Medal, dated 4 August 2008
* DA Form 1059 (Service School Academic Evaluation Report), dated
23 September 2005
* DA Form 1059, dated 13 August 2009
* DA Form 1059, dated 17 October 2009
* DD Form 214 for the period ending 11 May 2005
* Memorandum issued by HHC, 844th Combat Engineers, 412th Engineer Command, subject:  Award of the Army Reserves Component Achievement Medal (ARCAM), dated 25 June 2009
* Orders 10-362-00007, issued by Headquarters, 81st Regional Support Command, Fort Jackson, SC, dated 28 December 2010
* Permanent Orders 281-72, issued by the U.S. Army Human Resources Command (HRC), Alexandria, VA, dated 8 October 2009
* Permanent Orders 339-02, issued by the North Atlantic Regional Medical Command, Washington, DC, dated 5 December 2006
* Purple Heart Certificate, dated 5 December 2006

CONSIDERATION OF EVIDENCE:

1.  The applicant's service records are contained in the interactive Personnel Electronic Records Management System (iPERMS) and show:

* he enlisted in the U.S. Army Reserve (USAR) on 13 September 2002 for a period of 6 years
* he was awarded military occupational specialty (MOS) 21N (Construction Equipment Supervisor)
* his military education included completion of the Primary Leadership Development Course (PLDC) on 24 September 2005 and the Basic NCO Course (BNCOC) on 13 August and 17 October 2009
* Permanent Orders 144-11, issued by HRC, dated 22 May 2008, awarding the 411th Engineer Battalion the Meritorious Unit Commendation (MUC) for exceptionally meritorious service during the period 27 March 2004 to 27 March 2005
* a Memorandum for Record, issued by the 411th Engineer Battalion, dated 31 December 2009, authorizing the applicant to permanently wear the MUC


* three DD Forms 214, for the periods ending 28 February 2003, 11 May 2005, and 24 June 2009

2.  The applicant's DD Form 214 for the period ending 24 June 2009 shows he was ordered to active duty on 14 July 2006 in support of Operation Iraqi Freedom (OIF) under the provisions of Title 10, U.S. Code, section 12302.  He was assigned to the 718th Engineer Company, which was part of the 321st Engineer Battalion (Task Force 321), 411th Engineer Brigade.  His date of arrival in and departure from Iraq is not recorded and is not a matter of record.

3.  From available records, it appears the applicant arrived in Iraq sometime in September 2006.  On 27 November 2006, the applicant was wounded in action and medically evacuated from the theater.  He was awarded the Purple Heart by Permanent Orders 339-02, dated 5 December 2006.

4.  Permanent Orders 281-72, dated 8 October 2009, awarded the VUA to the following units for the period 7 February 2007 to 31 July 2007:

* Headquarters and Headquarters Company, 321st Engineer Battalion
* Company A, 321st Engineer Battalion
* Company B, 321st Engineer Battalion
* Company C, 321st Engineer Battalion
* 718th Engineer Company

5.  Permanent Orders 144-11, dated 22 May 2008, awarded the MUC to the following units for the period 27 March 2004 to 27 March 2005:

* Headquarters and Support Company, 411th Engineer Battalion
* Company A, 411th Engineer Battalion
* Company B, 411th Engineer Battalion
* Company C, 411th Engineer Battalion

6.  The applicant's DD Form 214 for the period ending 11 May 2005 shows he served with Company A, 411th Engineer Battalion in Iraq from 27 March 2004 to “23” May 2005.  There is no evidence of any disciplinary actions for a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.

7.  The applicant provided a memorandum from HHC, 844th Combat Engineers, 412th Engineer Command, dated 4 August 2008, awarding him the AGCM
(2nd Award) for the period July 2006 to July 2007.


8.  The applicant provided a second memorandum from HHC, 844th Combat Engineers, 412th Engineer Command, dated 25 June 2009, awarding him the ARCAM (2nd Award) for the period March 2006 to February 2009.

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

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

	b.  The NPDR was established by the Secretary of the Army on 10 April 1981 as announced in Department of the Army General Order 15, dated 10 October 1990.  It is awarded to members of active Army, ARNG, and USAR for successful completion of designated NCO professional development courses.  It consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory completion of the respective levels of NCO professional development courses.  PLDC completion results in award of the basic ribbon; BNCOC completion results in award of numeral device "2."

	c.  The OSR is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

d.  According to the Awards Branch at HRC, Iraq and Afghanistan are
considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) classifies the Overseas Service Bar and the SSI-FWTS as an item of uniform wear, not an award or decoration.

11.  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, including the DD Form 214.  It provides:

	a.  When completing block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), "List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations."

	b.  When completing block 18 (Remarks), “For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession."

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)"
* "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

	c.  There are no provisions for inserting statements regarding SSI-FWTS and imminent danger pay areas on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 for the period ending  24 June 2009 to show award of the VUA.  The 718th Engineer Company was awarded the VUA for the period 7 February 2007 to 31 July 2007.  The applicant served with the 718th, but he was wounded and medically evacuated in November 2006; he was not with the unit when it was cited for award of the VUA.  Therefore, there is no basis for adding this unit award to his DD Form 214.

2.  The applicant requests correction of his DD Form 214 for the period ending  24 June 2009 to show the AGCM (2nd Award).  He provides a unit memorandum awarding him the AGCM (2nd Award) for the period July 2006 to July 2007.  The following facts apply to this issue:

* the AGCM is awarded for active duty service
* the first AGCM is awarded upon the termination of the first period of Federal military active duty service (not including active duty for trainingsubsequent awards are for active duty periods of 3 years
* the applicant served his first active duty period of service from 5 January 2004 to 11 May 2005; he should have received the AGCM (1st Award) for this period of service
* the applicant needed to serve 3 years of active duty service to receive the 2nd award of the AGCM; the unit memorandum erroneously grants him a 2nd award for a 1-year period
3.  Even when viewing the totality of the applicant's active duty service for the period ending 24 June 2009, he only completed 2 years, 11 months, and 11 days of net active service this period; not enough for a 2nd award of the AGCM.  Therefore, he is not entitled to correction of this DD Form 214 to show the AGCM
(2nd Award).

4.  However, the applicant's DD Form 214 for the period ending 11 May 2005 covers more than 1 year of service during this period of service.  There is no evidence of any disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 5 January 2004 through 11 May 2005 and to correct his DD Form 214 for the period ending 24 June 2009 to show this award.

5.  The applicant requests correction of his DD Form 214 for the period ending  24 June 2009 to show three Overseas Service Bars, the SSI-FWTS (unit shoulder patch), and a statement concerning having served in an imminent danger pay area.  The Overseas Service Bar and SSI-FWTS patch are uniform items, not awards and decorations.  As such, they are not authorized for inclusion on the DD Form 214.  Likewise, there is no provision for adding the statement "served in a designated imminent danger pay area" to the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

6.  The applicant submitted DA Forms 1059 showing he completed the PLDC and BNCOC courses.  The applicant completed PLDC after he was issued his DD Form 214 for the period ending 11 May 2005, but before he was issued his DD Form 214 for the period ending 24 June 2009; he completed BNCOC after he received his DD Form 214 for the period ending 24 June 2009.  Although he is entitled to wear the NPDR with Numeral 2, he is only entitled to correction of his DD Form 214 for the period ending 24 June 2009 to show the basic NPDR.  However, the NPDR with Numeral 2 should be added to the DD Form 214 for his next period of active duty, if or when that occurs.

7.  The applicant provided a unit memorandum awarding him the ARCAM (2nd Award) for the period March 2006 to February 2009.  Therefore, his DD Form 214 for the period ending 24 June 2009 should be corrected to show this award.
8.  The OSR is authorized for Soldiers who complete tours in Iraq and/or Afghanistan.  The applicant served in Iraq from 27 March 2004 to 23 May 2005 and he was awarded the Iraq Campaign Medal.  Therefore, he is entitled to the OSR and correction of his DD Form 214 for the period ending 24 June 2009 to show this award.

9.  Permanent Orders 144-11, dated 22 May 2008, awarded the MUC to the applicant's unit during his period of assignment.  Therefore, the applicant's DD Form 214 for the period ending 24 June 2009 should be corrected to show this unit award.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 January 2004 through 11 May 2005; and

	b.  adding to his DD form 214 for the period ending 24 June 2009 the:

* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Meritorious Unit Commendation
* NCO Professional Development Ribbon
* Army Reserve Components Achievement Medal (2nd Award)

2.  The Board further determined that the evidence presented was 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 correcting his DD Form 214 for the period ending 24 June 2009 to show in:

* block 13 the:

* Valorous Unit Award
* Army Good Conduct Medal (2nd Award)
* Overseas Service Bar

* block 18 the statement:

* "Authorized Shoulder Sleeve Insignia for Former War time Service"
* "Served in a Designated Imminent Danger Pay Area"



      ____________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)                                         AR20120002391



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ABCMR Record of Proceedings (cont)                                         AR20120002391



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