IN THE CASE OF:	 

		BOARD DATE:	  15 November 2013

		DOCKET NUMBER:  AR20120009135


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:

	a.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Army Good Conduct Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal (GWOTSM)

	b.  correction of his DD Form 214 to show he completed the "Robin Sage Special Forces School"; and

	c.  correction of his DD Form 214 to show he received an honorable discharge.

2.  The applicant states he was deployed to both Afghanistan and Iraq during Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF).

3.  The applicant provides a computer printout of military service data from an unknown source and his DD Form 214.

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 9 August 2000.  He completed training and he was awarded military occupational specialty 92S (Laundry and Textile Specialist).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.

3.  His record shows he received developmental counseling on several occasions between 20 February 2003 and 28 July 2003, for instances of misconduct, including being disrespectful towards commissioned and noncommissioned officers (NCO), insubordination, conduct of a nature to bring discredit upon the Armed Forces, crime and offenses not capital, dereliction of duty (drunk on duty), missing movement, and absence from duty.

4.  On 15 April 2003, his immediate commander initiated a DA Form 4126-R (Bar to Reenlistment Certificate) against him.  She specifically cited his behavior, stating "service member's behavior brings discredit upon his unit and the United States Army.  Further service is not recommended at this moment."  On the same date his battalion commander approved the Bar to Reenlistment.

5.  On 28 April 2003, the applicant acknowledged that the Bar to Reenlistment was approved on 15 April 2003.  He was advised of his right to appeal the imposition of the Bar to Reenlistment.  He indicated that he would appeal the Bar to Reenlistment.  The applicant's appeal and the subsequent actions taken, if any, are not available for review.

6.  On 19 May 2003, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for:

* failing to go at the time prescribed to his appointed place of duty on
14 February 2003 (2 offenses)
* disobeying a lawful order from an NCO on 14 February 2003 (3 offenses)
* disobeying a lawful order from an NCO on 17 March 2003
* being found drunk while on duty on 17 March 2003

7.  On or about 18 July 2003, he received NJP under the provisions of Article 15, UCMJ, for wrongfully using marijuana during the period on or about 23 May 2003 to on or about 24 June 2003.

8.  On 28 July 2003, he was notified by his immediate commander of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, for misconduct – commission of a serious offense.  On the same date, he acknowledged receipt of the notification memorandum.

9.  On 30 July 2003, he acknowledged he had been advised by counsel of the basis for the contemplated action to separate him under Army Regulation
635-200, chapter 14, and its effect; of the rights available to him; and of the effect of any action taken by him to waive his rights.  He chose to submit statements in his own behalf at a later date; however, subsequent statements included in his discharge packet indicate he did not submit statements in his own behalf.

10.  On 31 July 2003, his immediate commander recommended his discharge under the provisions of Army Regulation 635-200, chapter 14, with a general discharge.

11.  On 21 August 2003, the separation authority approved his discharge due to misconduct and directed the issuance of a General Discharge Certificate.

12.  On 12 September 2003, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct, with a general discharge.  The DD Form 214 he was issued at the time shows in:

	a.  item 12c (Record of Service – Net Active Service This Period) he was credited with completing 3 years, 1 month, and 4 days of creditable active service;

	b.  item 12f (Record of Service – Foreign Service) he was credited with completing 6 months and 2 days of foreign service;

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

	d.  item 18 (Remarks) the entry, "Service in Operation Enduring Freedom (Afghanistan) from 20020330 to 20021001."

13.  His record is void of any documentation that indicates he:

* deployed to Iraq in support of OIF
* was previously awarded the Army Good Conduct Medal
* was selected for attendance or completed any training associated with the Special Forces Qualification Course

14.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in:

* Jordan from 1 October 2001 to 2 November 2001
* Afghanistan from 8 April 2002 through 28 September 2002

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

	a.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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.

	b.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense, including Jordan.

	c.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Additionally, Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.  Approved campaigns are:
* Liberation of Afghanistan, 11 September 2001 to 30 November 2001
* Consolidation I, 1 December 2001 to 30 September 2006
* Consolidation II, 1 October 2006 to a date to be determined

	d.  The Iraq Campaign Medal is awarded to members who have served in direct support of 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.

	e.  The Army Good Conduct Medal 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.  A commander's decision to award the Army Good Conduct Medal will be based on his or her personal knowledge of the individual Soldier, and the individual's official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Individuals for whom a bar to reenlistment has been approved are not eligible for award of the Army Good Conduct Medal.

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.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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.  It further provides that item 14 (Military Education) of the DD Form 214 is used to document formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

17.  Operation Robin Sage is a 4-week long large-scale unconventional warfare exercise conducted by the John F. Kennedy Special Warfare Center at Fort Bragg, NC, on Fort Bragg and over 50,000 square miles of North Carolina.  It represents the completion of Phase IV of the Special Forces Qualification Course and the culmination of a Special Forces candidate's training.

18.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period of service for entitlement to the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record show he deployed to Jordan in support of OEF; therefore, he is entitled to the GWOTEM and correction of his DD Form 214 to show this award.  His DD Form 214 should also be corrected to show his service in Jordan.

3.  The evidence of record shows the applicant deployed to Afghanistan and he participated in one campaign in support of OEF.  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

4.  He contends he deployed to Iraq in support of OIF.  The evidence of record does not support his contention; therefore, in the absence of evidence to the contrary, he is not entitled to correction of his DD Form 214 to show he served in Iraq or that he is entitled to the Iraq Campaign Medal.

5.  He contends his DD Form 214 should be corrected to show he was awarded the Army Good Conduct Medal.  The evidence of record does not support his contention, as the evidence shows he was barred from reenlistment during his period of active service.  This disqualified him for award of the Army Good Conduct Medal; therefore, there is no basis for granting this portion of his request.

6.  He further contends he completed the "Robin Sage Special Forces School."  The evidence of record does not support his contention, as there is no documentation that shows he was selected for, attended, or completed any training associated with the Special Forces Qualification Course.  Therefore, there is no basis for granting this portion of his request.

7.  Lastly, he contends he was honorably discharged.  The evidence of record shows he received a general discharge under honorable conditions.  Although the military service data computer printout he provided indicates he was separated from the U.S. Army on 12 September 2003 with an honorable discharge, the origin of the printout is unknown.  Nevertheless, the evidence of record shows the separation authority directed his separation with the issuance of a General Discharge Certificate.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

8.  The applicant is advised that he has the option of requesting a discharge upgrade through the Army Discharge Review Board (ADRB) within 15 years of the effective date of his separation.  Additional information can be found at 
http://arba.army.pentagon.mil/adrb-overview.cfm.

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:

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

* Afghanistan Campaign Medal with 1 bronze service star
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN OPERATION ENDURING FREEDOM (JORDAN) FROM 20011001 – 20011102."

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 correcting his records to show:

* he was awarded the Iraq Campaign Medal or the Army Good Conduct Medal (1st Award)
* he served in Iraq in support of Operation Iraqi Freedom
* he was awarded any award or he completed any portion of training pertaining to the Special Forces Qualification Course
* he received an honorable discharge



      ____________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20120009135



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