BOARD DATE:	  29 November 2012

		DOCKET NUMBER:  AR20120008534 


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 in:

* item 11 (Primary Specialty) to add a secondary specialty, "12B2O Combat Engineer - 2 years, 1 month, and 6 days"
* item 12f (Foreign Service) to add an additional 4 months and 26 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Medals Awarded or Authorized) to show, in effect, three awards of the Overseas Service Ribbon
* item 14 (Military Education) to add a certificate of training for User Level Maintenance (ULM)
* item 18 (Remarks) correct his service dates in Iraq to show "20081202 - 20101118" vice "20091202 - 20101118"

2.  The applicant states, in effect, he feels the entries in items 11, 12f, 13, 14, and 18 of his DD Form 214 were mistakenly left off or incorrectly reported on his DD Form 214.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 23 April 2012
* Orders Number 035-716, dated 4 February 2008
* Orders Number 042-701, dated 11 February 2008
* Orders Number 101-031, dated 10 April 2008
* 
Permanent Orders (PO) Number 014-01, dated 14 January 2010
* Certificate of Training, dated 4-6 May 2010 
* Verification of Military Experience, dated 1 October 2011

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 11 January 2006 and held military occupational specialty (MOS) 12B (Combat Engineer).  

3.  He provided reassignment Orders Number 035-716, issued by Headquarters, Division West, 1st U.S. Army, Fort Carson, CO, on 4 February 2008.  These orders reassigned him to Germany and issued him a report date of no later than 10 April 2008.

4.  He provided Orders Number 101-031, issued by the 64th Adjutant General (AG) Replacement Company, Germany, on 10 April 2008.  These orders released him from assignment to the 64th AG Replacement Company and further assigned him to Headquarters and Headquarters Company, 9th Engineer Battalion, Schweinfurt, Germany.

5.  He provided PO Number 014-01, issued by the U.S. Army Human Resources Command (HRC), Alexandria, VA, on 14 January 2010.  These orders announced the award of the Meritorious Unit Commendation to Headquarters and Headquarters Company, Company A, and Company C, 9th Engineer Battalion, for service during Operation Iraqi Freedom, from 2 December 2008 to 14 November 2009.

6.  He provided a certificate of training which shows he successfully completed the 24-hour U.S. Army Europe and 7th Army (USAREUR/7A), UML cadre certification course from 4-6 May 2010.

7.  His record contains a DA Form 268 (Report to Suspend Favorable Personnel Action (FLAG)), dated 28 September 2010.  This FLAG was issued as a non-transferrable FLAG due to an adverse action.

8.  It appears he was reduced in grade from E-5 to E-4 in or around December 2011.  However, the facts and circumstances surrounding this reduction in grade are unknown.

9.  His record contains a General Officer Memorandum of Reprimand (GOMOR), dated 29 June 2011, wherein he was reprimanded for:

* operating a motor vehicle on a public road while under the influence of alcohol and causing a traffic accident
* a blood/alcohol content of .050 grams of alcohol per 100 milliliters of blood
* Damaging host-nation property in the traffic accident
* Drinking and driving when he had been assigned as the battalion designated driver for that weekend

10.  He provided a verification of military experience and training, dated 
1 October 2011, which shows he held MOS 12B in the following ranks/grades and skill levels:

* Private/E-1 through Specialist (SPC)/E-4, skill level "1," from January 2006 to December 2008
* Sergeant/E-5, skill level "2," from December 2008 to January 2011
* SPC/E-4, skill level "1," from January 2011 to October 2011

11.  His record shows he was reduced in grade from E-4 to E-1 effective 
2 December 2011.  While the facts and circumstance surrounding this reduction in grade are unknown, it appears the reduction may have been a result of separation action which was initiated in accordance with Army Regulation 
635-200 (Enlisted Separations), paragraph 14-12c (Misconduct, Serious Offense).  

12.  On 3 February 2012, he received a general under honorable conditions discharge after completing 6 years and 23 days of net active service.  His DD Form 214 shows in:

* item 11 the entry "12B1O Combat Engineer - 5 years, 9 months"
* item 12f the entry "0003 09 24"
* 
item 13 the entries:

* Iraq Campaign Medal with two campaign stars
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)

* item 14 the entries:

* Combat Life Savers Course, 1 week, 2011
* Combat Engineers Course, 7 weeks, 2007
* Primary Leadership Development Course (PLDC), 2 weeks, 2009
* Route Reconnaissance/Clearance-Sapper, 2 weeks, 2009
* Basic Noncommissioned Officers Course, 4 weeks, 2010

* item 18 the entries "Service in Iraq from 23 June 2006 to 18 November 2006" and "Service in Iraq from 2 December 2009 to 18 November 2010"

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

* service in Kuwait from 23 June 2006 to 18 November 2006
* service in Kuwait from 2 December 2008 to 14 November 2009

14.  Army Regulation 614-30 (Overseas Service) states, in effect, Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.

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

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The area of eligibility (AOE) 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 Iraq Campaign Medal 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:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)

	b.  The Overseas Service Ribbon is awarded to members of the U.S. Army for successful completion of overseas tours.  Soldiers must be credited with a normal overseas tour completion according to Army Regulation 614-30.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon. 

	c.  The Noncommissioned Officer (NCO) Professional Development Ribbon is awarded to members to Soldiers for successful completion of designated NCO professional development courses.  The NCO Professional Development Ribbon 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.  Once a service member has been awarded the NCO Professional Development Ribbon upon graduation from Warrior Leader Course (WLC) (formerly called PLDC), subsequent appropriate numerals will be awarded to identify completion of higher level Noncommissioned Officers Education System (NCOES).

16.  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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Chapter 2 states: 

	a.  Item 11, use the Enlisted Record Brief (ERB) and enter the titles of all MOS served in for at least 1 year and include for each MOS 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.  For an enlisted Soldier, also specify the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, enter "O" when not applicable.  

	b.  Item 12f, use the ERB and enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).

	c.  Item 13, list awards and decorations for all periods of service in the proper priority sequence.  Each entry will be verified by the Soldier's records.  

	d.  Item 14, use the ERB and list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Courses must be at least one week long.  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.  

	e.  Item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the MOS entry in item 11 of his DD Form 214, the applicant held one MOS during the period of his service, 12B.  He was neither trained in nor awarded a secondary MOS.  As such, only one entry pertaining to his MOS is required and this entry appears to be correct.  Furthermore, he was reduced from E-5 to E-4 prior to his discharge from active duty.  He held the rank/grade of SPC/E-4 at the time of separation.  The appropriate skill level associated with MOS 12B, E-4, is "1."  Therefore, the entry is correct because he was serving as a 12B1O at the time of his discharge.

2.  With respect to the foreign service in item 12f of his DD Form 214:

	a.  an official at DFAS confirmed he was deployed to Iraq from 23 June 2006 to 18 November 2006 for a total of 4 months and 26 and from 2 December 2008 to 14 November 2009 for a total of 11 months and 12 days.  Furthermore, the evidence of record shows he served in Germany from 10 April 2008 to 3 February 2012 for a total of 3 years, 9 months, and 23 days.

	b.  the entry in item 12f shows 3 years, 9 months, and 23 days of foreign service, making it clear the entry did not include the foreign service he completed during his first deployment to Iraq.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show 4 years, 2 months, and 19 days of foreign service.

3.  With respect to the award entries in item 13 of his DD Form 214:

	a.  he contends he should receive one Overseas Service Ribbon for his deployment to Iraq from 23 June 2006 to 18 November 2006 (4 months and 26 days), one for his deployment to Iraq from 2 December 2008 to 14 November 2009 (11 months and 12 days), and one for his completed overseas tour in Germany.  Army regulations state only Soldiers who served a minimum of 11 cumulative months or 9 continuous months in Iraq get credit for a complete short tour.  As such, of his two deployments only his second deployment to Iraq met the criteria for the Overseas Service Ribbon.  Therefore the entry of Overseas Service Ribbon (2nd Award) is correct.

	b.  he was awarded the Iraq Campaign Medal with two campaign stars; however, the evidence of record show he participated in three campaigns vice two.  Therefore he is entitled to correction of his DD Form 214 to show the Iraq Campaign Medal with three bronze service stars.

	c.  the evidence of record shows he attended and completed PLDC and the Basic Noncommissioned Officer Course; therefore he is entitled to award of the NCO Professional Development Ribbon with numeral 2 and correction of his DD Form 214 to show this award.

4.  With respect to adding his USAREUR/7A UML cadre certification course to military education block in item 14 of his DD Form 214, only formal courses of one week or longer are listed on the DD Form 214.  The USAREUR/7A UML cadre certification course was a 3-day course; therefore, he is not entitled to correction of his DD Form 214 to add this course.

5.  He contends that his second period deployment in Iraq was from 2 December 2008 to 18 November 2010 vice 2 December 2009 to 18 November 2010; however, both the date he provided and the dates listed on his DD Form 214 are incorrect.  DFAS confirmed his receipt of HFP/IDP for service in Kuwait from 2 December 2008 to 14 November 2009.  Based on this evidence he is entitled to correction of item 18 to show he served in Iraq from 2 December 2008 to 14 November 2009.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting from item 12f of his DD Form 214 the entry "0003 09 24" and adding the entry "0004 02 19"
* deleting from item 13 the "Iraq Campaign Medal with two bronze service stars" and adding the Iraq Campaign Medal with three bronze service stars and Noncommissioned Officer Professional Development Ribbon with Numeral 2
* deleting from item 18 of his DD Form 214 the entry "Service in Iraq from 20091202-20101118" and adding the entry "Service in Iraq from 20081202-20091114"

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 entries and dates pertaining to MOS 12B2O, adding a third award of the Overseas Service Ribbon, adding the USAREUR/7A UML cadre certification course, and showing he served in Iraq from 2 December 2008 to 18 November 2010.  



      __________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.



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