BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120004874 


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 11 (Primary Specialty) – 3 years, 10 months, and 15 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Order of the Spur
* Combat Infantryman Badge (CIB)
* Expert Infantryman Badge (EIB)
* Purple Heart
* Army Achievement Medal (AAM) (2nd Award)

* item 14 (Military Education) – 

* Airborne School, 3 weeks, February 2005
* Javelin School, 2 weeks, December 2004

* item 18 (Remarks) – service in Operation Iraqi Freedom (OIF) from 3 January 2007 to 13 March 2008

2.  He states he found the errors when he was preparing for a Soldier of the Year competition.  He would like to have these corrections made for his future Army career.


3.  He provides:

* his DD Form 214
* two AAM Certificates
* a Purple Heart Certificate
* a Javelin Course Diploma
* an Airborne Course Diploma
* an Order of the Spur Certificate
* orders awarding him the CIB and the EIB
* a Soldier Deployment History Outprocessing Report

CONSIDERATION OF EVIDENCE:

1.  On 19 August 2004, the applicant enlisted in the Regular Army.

2.  His record includes a diploma given at Fort Benning, GA, showing he successfully completed individual infantry training on 3 December 2004.

3.  His Enlisted Record Brief (ERB) shows in:

* Section I (Assignment Information) –

* he served in Iraq from 1 September to 28 December 2005
* his primary military occupational specialty (MOS) as 11B (Infantryman)

* Section VI (Military Education) he completed the Airborne Course in 2005
* Section IX (Assignment Information) – 

* on 21 January 2005, he was assigned to 1st Battalion (Airborne), 507th Infantry, Fort Benning in duty MOS "11X"
* beginning on 24 February 2005, he was assigned to Fort Bragg, NC, in duty MOS 11B
* he was assigned to Company B, 2nd Battalion, 325th Airborne Infantry Regiment (AIR) (Unit Identification Code (UIC) WABNB0), on 16 June 2005

4.  Permanent Orders (PO) 34-3001, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, dated 3 February 2005, awarded him the Parachutist Badge effective 11 February 2005 or upon completion of airborne training.


5.  The applicant's record includes:

	a.  PO Number 353-143, issued by Headquarters, 2nd Battalion, 325th AIR, Fort Bragg, awarding him the AAM for service during OIF from 5 September to 26 December 2005;

	b.  PO 347-063D, issued by Headquarters, Multi-National Force Northwest, Task Force Freedom, Mosul, Iraq, dated 13 December 2005, awarding him the CIB for service on 28 October 2005;

	c.  PO 177-67, issued by Headquarters, 2nd Brigade, 325th AIR, Fort Bragg, dated 26 June 2006, awarding him the EIB effective 26 June 2006;

	d.  PO 148-121, issued by Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, dated 28 May 2007, awarding him the Purple Heart for wounds received in action on 1 May 2007; and

	e.  PO Number 008-65, issued by Headquarters, 2nd Brigade Combat Team, Fort Bragg, dated 31 March 2008, awarding him the Army Commendation Medal (ARCOM) for meritorious service from 4 January 2007 to 31 March 2008.

6.  On 3 July 2008, he was honorably released from active duty (REFRAD) at the completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 10 months, and 15 days of creditable active service.  His DD Form 214 shows in:

* item 11 – "11B1P Infantryman – 3 [years] 6 [months]"
* item 12f (Foreign Service) – "0000  03  28"
* item 13 – 

* ARCOM
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM)
* Army Service Ribbon
* Parachutist Badge

* item 14 – "None"
* item 18, in part – "Service in OIF (Iraq) 20050901 - 20051228"

7.  His record is void of documentation showing he completed the Javelin Course.

8.  He provides:

	a.  an AAM Certificate showing PO 107-03, issued by 2nd Battalion,
325th AIR, awarding him the AAM for his service from 17 February 2005 to
30 April 2008;

	b.  a diploma given at Fort Benning, dated 16 December 2004, showing he completed the Javelin Course;

	c.  a diploma given at Fort Benning, dated 11 February 2005, showing he completed the Airborne Course;

	d.  a certificate showing he was entered onto the rolls of the Order of the Spur by the 3rd U.S. Cavalry on 22 December 2005; and

	e.  a Soldier Deployment History Outprocessing Report authenticated on 1 May 2008 showing he was deployed with UIC WABNB0 to serve in named operations for the purpose of war during two periods:

* 1 September to 28 December 2005
* 5 January 2007 to 13 March 2008

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.  It establishes the standardized policy for the preparation of the DD Form 214.  It states for:

	a.  Item 11, from the ERB, enter the titles of all MOS served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training (AIT).

	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.


	d.  Item 18, for an active duty Soldier deployed with his or her unit during his or her continuous period of active service, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

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

	a.  The regulation does not authorize the Order of the Spur, nor does it authorize an award associated with enrollment.

	b.  It states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

11.  A review of his record indicates entitlement to additional awards that are not listed on his DD Form 214.  

12.  Army Regulation 600-8-22 states:

	a.  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.  The applicant's service in Iraq coincided with three campaigns:

* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)

	b.  The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981 for successful completion of overseas tours.  According to the Awards and Decorations Branch of the U.S. Army Human Resources Command, 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.

13.  The U.S. Army Human Resources Command issued:

	a.  PO 049-10, dated 18 February 2010, that announced award of the Valorous Unit Award (VUA) to Company B, 2d Battalion, 325th Infantry, for the period 18 May to 23 September 2005; and


	b.  PO 210-20, dated 29 July 2011, that announced award of the VUA to
2nd Battalion, 325th Infantry Regiment, for the period 5 January to 15 February 2005.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support his request for correction of item 11 of his DD Form 214 to show he held MOS 11B1P for 3 years, 10 months, and 15 days.

	a.  He would not have been awarded MOS 11B until after he had completed advanced individual training (AIT).  Although his record does not specify when he completed AIT, it would have been before he attended the Airborne Course beginning on or about 21 January 2005.

	b.  The time elapsed from January 2005 until he was REFRAD on 3 July 2008 is approximately 3 years and 6 months.  This period is properly shown in item 11 of his DD Form 214.  Therefore, he is not entitled to correction of this entry

2.  Army Regulation 600-8-22 does not authorize the Order of the Spur, and it does not provide for an award associated with enrollment.  Therefore, he is not entitled to correction of item 13 of his DD Form 214 to show he was enrolled in the Order of the Spur.

3.  The evidence of record does not support his request for correction of his
DD Form 214 to show the AAM (2nd Award).

	a.  He was awarded the AAM for the period 5 September to 26 December 2005 and the ARCOM for meritorious service for the period 4 January 2007 to 31 March 2008.  He provides an AAM Certificate showing he received the award a second time for his service from 17 February 2005 to 30 April 2008.  The period documented on the AAM Certificate he provides is overlapped by both the AAM and the ARCOM already documented in his record.

	b.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  The fact that his record does not include documentation of a second award of the AAM indicates someone may have recognized he had been given duplicate recognition for the same period of service and corrected the error.

	c.  In light of the overlapping periods noted above, it would not be appropriate to correct his DD Form 214 to show the AAM (2nd Award).
4.  His record includes PO awarding him the Purple Heart, CIB, and EIB.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  He completed a qualifying period of service in Iraq for award of the OSR.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  He served in a unit during two periods for which it was cited for award of the VUA.  Therefore, he is entitled to correction of his DD Form 214 to show the VUA (2nd Award).

7.  He was awarded the ICM and his service in Iraq coincided with three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his already-awarded ICM.

8.  The evidence of record partially supports his request to add courses to item 14 of his DD Form 214.

	a.  Army Regulation 635-5 states training courses for combat skills will not be listed in item 14 of the DD Form 214.  The Javelin is a shoulder-fired anti-tank missile.  Because training in this weapon system is training for a combat skill, he is not entitled to have the Javelin Course listed on his DD Form 214.

	b.  He completed the Airborne Course on 7 February 1992.  This course includes training applicable to civilian job placement and counseling.  Therefore, it would be appropriate to add the Airborne Course to item 14 of his DD Form 214.

9.  The evidence of record shows omissions in the recording of his deployed service on his DD Form 214.

	a.  The available records show he was deployed with his unit to Iraq during two periods totaling 1 year, 6 months, and 7 days:

* 1 September to 28 December 2005 (3 months and 28 days)
* 5 January 2007 to 13 March 2008 (1 year, 2 months and 9 days)

	b.  In view of the available evidence, it would be appropriate to correct item 12f of his DD Form 214 to show he completed 1 year, 6 months, and 7 days of foreign service and to add a statement in item 18 documenting his second period of service in Iraq.


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 making the following deletion from and additions to his DD Form 214:

	a.  deleting from item 12f of his DD form 214 the current entry and replacing it with the entry "0001  06  07";

	b.  deleting from item 13 of his DD Form 214 the Iraq Campaign Medal;

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

* Purple Heart
* Iraq Campaign Medal with three bronze service stars
* Overseas Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
* Valorous Unit Award (2nd Award) 

	d.  adding to item 14 the entry "Airborne Course, 3 weeks, February 2005"; and

	e.  adding to item 18 the entry "SERVICE IN IRAQ FROM 20070105 – 20080313."

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 adding to his DD Form 214 


the Army Achievement Medal (2nd Award), Order of the Spur, and the Javelin Course.



      ________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)                                         AR20120004874



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ABCMR Record of Proceedings (cont)                                         AR20120004874



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