IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120010406 


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) for the period ending 6 December 2009 as follows:

	a.  Item 11 (Primary Specialty):

* change service in military occupational specialty (MOS) 38B3P (Civil Affairs Specialist) from 6 years to 5 years and 6 months
* add service in MOS 11B2P (Infantryman) for 5 years and 6 months
* add additional skill identifier (ASI) B8 (Anti-Armor Leader)

	b.  Item 12f (Foreign Service) add 7 months and 10 days of foreign service in Afghanistan and 12 months of foreign service in Korea.

	c.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) add the Bronze Star Medal, North Atlantic Treaty Organization (NATO) Medal, and the German Parachutist Badge.

	d.  Item 14 (Military Educations) change the entry "Civil Affairs Specialist, 
11 weeks, 2003" to "Civil Affairs Specialist, 9 weeks, 2003" and add:

* Composite Risk Management, 1 week, 2009
* Special Forces Selection and Assessment, 4 weeks, 2005
* 
Military Mobile Force Protection Training Course, 1 week, 2007
* Primary Leadership Development Course and Common Core Training of the Basic Noncommissioned Officer (NCO) Course, 2 weeks, 2006
* Personnel Financial Management Training, 1 day, 2003
* Airborne Training, 3 weeks, 2005
* Anti-Armor Leaders Course, 1 week, 2005
* Modern Combatives Course - Phase 1, 1 week, 2009
* Mediation and Negotiations Course, 1 week, 2009
* Improved Target Acquisition System Crew Training, 1 week, 2005
* Civil Affairs Specialist Basic NCO Course, 4 weeks, 2009
* Fighting Vehicle Infantry Mechanized, 1 week, 2009

	e.  Item 18 (Remarks) list his service in Afghanistan from 21 May 2008 to 1 January 2009. 

2.  The applicant states his DD Form 214 is missing information or contains inaccurate information.

3.  The applicant provides:  

* Diploma - Civil Affairs Generalist Course
* Two DA Forms 1059 (Service School Academic Evaluation Report) 
* DD Form 214 for the period ending 1 June 2001
* Bronze Star Medal certificate
* NATO Medal certificate
* Memorandum authorizing him the German Parachutist Badge
* Enlistment orders
* Army Achievement Medal certificate
* Composite Risk Management certificate of completion
* Letter of congratulation
* Military Mobile Force Protection Training Course
* Primary Leadership Development Course and Common Core Training of the Basic NCO Course certificate
* Airborne Course certificate
* Anti-Armor Leaders Course certificate
* Modern Army Combatives Course certificate
* Improved Target Acquisition System certificate
* Civil Affairs Specialist Basic NCO Course training certificate
* Mediation and Negotiation Course certificate

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) on 16 June 1999.  He entered active duty for training (ADT) on 14 November 2000 and subsequently completed 14 weeks of training in MOS 11B and one week of training in MOS 11M (Fighting Vehicle Infantryman) in 2001.  He was honorably released from ADT to his state on 1 June 2001.

2.  On 1 October 2001, he entered active duty for special work in support of Operation Noble Eagle.  He was honorably released from active duty on 3 March 2002 to the control of his state.

3.  He entered active duty on 9 March 2002 in support of Operation Noble Eagle - U.S. Custom Service Operation.  He was honorably released from active duty on 1 June 2002 to the control of his state.

4.  He was honorably discharged from the ARNG on 28 July 2003 for the purpose of enlisting in the Regular Army (RA).

5.  He enlisted in the RA on 29 July 2003 and served in MOS 11B.

6.  On 11 August 2004, he was awarded the Army Achievement Medal by Permanent Order Number 224-01, issued by Headquarters, U.S. Army Troop Command Korea for outstanding service while assigned to the Tango Security Force in Korea from 21 August 2003 to 21 August 2004.  

7.  On 15 March 2005, he was issued a certificate of training which shows he attended and successfully completed the Improved Target Acquisition System Crew Training Course (56 hours) at Fort Polk, LA, from 7 to 15 March 2005.

8.  On 14 April 2005, an official at the U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, NC, issued him a letter of congratulation for successfully completing the Special Forces Assessment and Selection Course.

9.  On 1 May 2005, he was promoted to the rank/grade of sergeant (SGT)/E-5.

10.  On 24 June 2005, he was issued a diploma that shows he attended and successfully completed the Anti-Armor Leaders Course at Fort Benning, GA.

11.  On 7 October 2005, he was issued a diploma which shows he completed the Basic Airborne Course at Fort Benning, GA.

12.  On 10 December 2005, Headquarters, XVIII Airborne Corps, Fort Bragg authorized him acceptance and wear of the German Parachutist Badge in accordance with Appendix D of Army Regulation 600-8-22 (Military Awards).

13.  On 25 February 2006, he was issued a certificate that shows he attended and successfully completed the Primary Leadership Development Course and Common Core Training of the Basic NCO Course conducted by the U.S. Army John F. Kennedy Special Warfare Center and School and given at Camp Mackall, NC.

14.  On 7 December 2006, he again executed a reenlistment in the RA.

15.  On 21 December 2006, he was issued a diploma and a DA Form 1059 that shows he attended and successfully completed the 9-week Civil Affairs Specialist Course from 16 October 2006 to 21 December 2006.

16.  He appears to have been awarded MOS 38B upon completion of this course.  There are no official orders in his record and it is unclear if he was awarded MOS 38B as a primary MOS and MOS 11B as a secondary MOS.  It is equally unclear if MOS 11B was withdrawn altogether in favor of the new MOS.

17.  On 14 August 2007, he was awarded the Army Achievement Medal by Permanent Order Number 227-07, issued by Headquarters, Task Force
1st Battalion, 15th Infantry, Iraq for outstanding service as a member of the Task Force from 15 May to 14 August 2007.

18.  On 1 December 2007, he was issued a certificate that shows he attended and successfully completed the Military Mobile Force Protection Training Course, conducted from 26 November to 1 December 2007 at the Blackwater Training Center, Moyock, NC.

19.  On 1 August 2008, he was promoted to the rank/grade of staff sergeant (SSG)/E-6.

20.  On 11 December 2008, he was awarded the Bronze Star Medal by Permanent Order Number 346-03, issued by Headquarters, Combined Joint Special Operations Task Force - Afghanistan, for meritorious service from 21 May 2008 to 1 January 2009.

21.  He was also awarded the NATO Medal for service with NATO in relation to the International Security Assistance Force Operation during the period 6 April 2008 to 5 December 2008.

22.  On 24 February 2009, he was issued a certificate that shows he attended and successfully completed the Modern Army Combatives Course (40 hours, Level 1) from 24 February to 9 March 2009.

23.  On 25 March 2009, he was issued a diploma and a DA Form 1059 that show he successfully attended and completed the 4-week Civil Affairs Specialist Basic NCO Course conducted by the U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, from 23 February to 25 March 2009.

24.  On 11 July 2009, he was issued a certificate of completion that shows he successfully attended and completed the one-week Mediation and Negotiation Course from 6 to 11 July 2009.

25.  On 21 August 2009, he was issued a certificate of completion that shows he completed the Composite Risk Management Basic Course on 21 August 2009. 

26.  He was honorably discharged from active duty on 6 December 2009.  His DD Form 214 shows in:

* Item 11 - 38B1P Civil Affairs Specialist, 6 years and 0 months
* Item 12f - 5 months and 5 days of foreign service
* Item 13 - the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* NCO Professional Development Ribbon
* Army Service Ribbon
* Armed Forces Reserve Medal With "M" Device
* Combat Action Badge
* Parachutist Badge

* Item 14 - the:

* Civil Affairs Specialist Course, 11 weeks, 2003
* Commander Safety Course, 1 week, 2007
* Primary Leadership Development Course, 4 weeks, 2004
* 
Item 18 - "Service in Iraq 20070331 - 20070905"

27.  An email from the Defense Finance and Accounting Service, Indianapolis, IN, dated 16 November 2012, confirmed he received hazardous fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 6 April 2008 to 12 December 2008 for service in Afghanistan.

28.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  It states for the entry in:

	a.  Item 11, this is obtained from the Soldier's Enlisted Record Brief (ERB) and shows the titles of all MOS's served 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) that 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 (SQI), if applicable.  Enter "O" when not applicable.

	b.  Item 12f, this is obtained from the Soldier's ERB and shows the total amount of foreign service completed during the period covered by the DD Form 214.

	c.  Item 13, this shows the awards and decorations for all periods of service in the priority sequence specified in the governing regulation.

	d.  Item 14, this is obtained from the Soldier's ERB and shows 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.  When in doubt, refer to the course description in Department of the Army Pamphlet 351-4 (U.S. Army Formal School Catalogue) to determine its usefulness to the Soldier after transitioning from the Army.

	e.  Item 18, this item is used to complete entries too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From (YYYYMMDD - YYYYMMDD)."
29.  A review of his record indicates his entitlement to additional awards that are not shown on his DD Form 214.

30.  His record shows he was awarded the Army Good Conduct Medal
(1st Award) for period presumably from 29 July 2003 through 28 July 2006.  There is no indication in his available record that shows he was awarded a second award of the Army Good Conduct Medal.  There is no evidence of a commander's disqualification for the award and there is no evidence of any convictions by courts-martial or nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ).

31.  Army Regulation 600-8-22 states 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

32.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

33.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-- 30 November 2009)
* Consolidation III (1 December 2009 to a date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the RA from 29 July 2003 to 6 December 2009.  He raises five issues:  his primary specialty, foreign service, awards and decorations, military education, and combat service in Afghanistan. 

2.  With respect to his specialty issue:

	a.  When he enlisted in the RA on 29 July 2003, he held MOS 11B.  His record is void of official orders that show he was awarded MOS 38B.  It is unclear if he was awarded MOS 38B as a primary MOS and MOS 11B as a secondary MOS.  It is equally unclear if MOS 11B was withdrawn altogether in favor of the new MOS of 38B.

	b.  Nevertheless, he served in MOS 11B from 29 July 2003 to at least 16 October 2006 when he was enrolled in the Civil Affairs Specialist Course.  This period equates to 3 years, 3 months, and 13 days.  Therefore, item 11 of his DD Form 214 should be corrected to add - in addition to the existing entry, the entry "11B (Infantryman), 3 years and 3 months."

	c.  He completed the Civil Affairs Specialist Course on 21 December 2006 and he appears to have been awarded this MOS upon completion of training.  He served in this MOS from at least 21 December 2006 until his discharge on
6 December 2009.  This period equates to 3 years.  Therefore, item 11 of his
DD Form 214 should be corrected to delete the current "6 years and 0 months" entry and replacing it with the entry "3 years and 0 months."

	d.  Although the applicant completed the Anti-Armor Leaders Course, there is no evidence he was awarded ASI "B8" by orders for completing this course.  Additionally, there is no mandatory requirement to list the sixth and seventh characters of the MOS in item 11 of the DD Form 214.  In any case, since the applicant his currently serving in the Army National Guard, he may request through his chain of command that orders be published to add the ASI "B8" to his primary MOS.

3.  With respect to his foreign service issue:

	a.  He served in Korea from 21 August 2003 to 21 August 2004, a period of 1 year.  He then served in Iraq from 31 March 2007 to 5 September 2007, a period of 5 months and 5 days.  He finally served in Afghanistan from 6 April 2008 to 12 December 2008 (according to his pay records at DFAS), a period of 8 months and 7 days.

	b.  His total foreign service equates to 2 years, 1 month, and 12 days.  Therefore, his DD Form 214 should be corrected to delete the current "5 months and 6 days" entry and replacing it with the entry "2 years, 1 month, and 12 days" in its place. 

4.  With respect to his awards and decorations issue:

	a.  Permanent orders awarded him the Bronze Star Medal that is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

	b.  The applicant served in Korea from August 2003 to August 2004.  This period of service entitles him to award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

	c.  The applicant served in Afghanistan from 6 April 2008 to 12 December 2008 and participated in the Consolidation II campaign.  Therefore, he is entitled to award of the Afghanistan Campaign Medal with one bronze service stars and correction of his DD Form 214 to show this award.

	d.  He was awarded the NATO Medal that is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.
 
	e.  He was authorized to accept and wear the German Parachutist Badge that is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

	f.  He was awarded one award of the Army Good Conduct Medal despite having completed 6 years, 4 months, and 8 days of active service.  Since there is no indication in his available record that shows he was awarded a second award of the Army Good Conduct Medal and since his record is void of a commander's disqualification for the award and there is no evidence of any convictions by courts-martial or NJP, it appears he met the criteria for a second award.  Therefore, he would be appropriate at this time to award him the Army Good Conduct Medal (2nd Award) for the period 29 July 2006 through 28 July 2009 and to correct his DD Form 214 to show this award.

5.  With respect to his military education issue:

	a.  Item 14 of his DD Form 214 listed completion of the 11-week Civil Affairs Specialist Course in 2003.  This course was 9 weeks long and he completed it in 2006.  Therefore, item 14 of his DD Form 214 should be corrected to delete the current "Civil Affairs Specialist, 11 weeks, 2003" entry and replacing it with the entry "Civil Affairs Specialist Course, 9 weeks, 2006." 

	b.  He completed multiple courses of at least one week in duration that were omitted from item 14 of his DD Form 214.  Therefore, the following courses should be added:
* Airborne Training, 3 weeks, 2005
* Anti-Armor Leaders Course, 1 week, 2005
* Special Forces Selection and Assessment, 4 weeks, 2005
* Improved Target Acquisition System Crew Training Course, 1 week, 2005
* Primary Leadership Development Course and Common Core Training of the Basic Noncommissioned Officer (NCO) Course, 2 weeks, 2006
* Military Mobile Force Protection Training Course, 1 week, 2007
* Modern Combatives Course - Phase 1, 1 week, 2009
* Mediation and Negotiations Course, 1 week 2009
* Civil Affairs Specialist Basic NCO Course, 4 weeks, 2009
* Fighting Vehicle Infantry Mechanized, 1 week, 2009
* Composite Risk Management, 1 week, 2009

	c.  The Personnel Financial Management Training, 1 day, 2003, is not an authorized entry because this training was less than one week in duration.

6.  With respect to his combat service issue:

	a.  His award of the Bronze Star Medal shows he served in Afghanistan from 21 May 2008 to 1 January 2009 while the NATO Medal Certificate shows this period as 6 April 2008 to 5 December 2008.  DFAS confirmed he received HF/IDP and CZTE for service in Afghanistan from 6 April 2008 to 12 December 2008.

	b.  The dates shown on his DFAS record appear to be consistent with the dates shown on his NATO Medal certificate.  As such, the DFAS dates are accepted as the actual dates of service in Afghanistan.  Therefore, although there is insufficient evidence to list the dates he requested (21 May 2008 to
1 January 2009), item 18 of his DD Form 214 should be corrected to show his deployed service in Afghanistan from 6 April 2008 to 12 December 2008.

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.  Deleting from item 11 of his DD Form 214 the entry "38B3P Civil Affairs Specialist, 6 years and 0 months" and replacing it with the entry "38B3P, Civil Affairs Specialist Course, 3 years and 11B (Infantryman), 3 years and 3 months";

	b.  Deleting from item 12f of his DD Form 214 the entry "0000  05  05" and replacing it with the entry "0002  01  12";

	c.  Awarding him the Army Good Conduct Medal (2nd Award) for the period 29 July 2006 through 28 July 2009;

	d.  Deleting from item 14 of his DD Form 214 the Army Good Conduct Medal and adding to item 14 the:

* Bronze Star Medal
* Army Good Conduct Medal (2nd Award)
* NATO Medal
* Afghanistan Campaign Medal with one bronze service star
* Korea Defense Service Medal
* German Parachutist Badge

	e.  Deleting from item 14 of his DD Form 214 the entry "Civil Affairs Specialist Course, 11 weeks, 2003" and adding to item 14:

* Airborne Training, 3 weeks, 2005
* Anti-Armor Leaders Course, 1 week, 2005
* Special Forces Selection and Assessment, 4 weeks, 2005
* Improved Target Acquisition System Crew Training Course, 1 week, 2005
* Civil Affairs Specialist Course, 9 weeks, 2006
* Primary Leadership Development Course and Common Core Training of the Basic Noncommissioned Officer (NCO) Course, 2 weeks, 2006
* Military Mobile Force Protection Training Course, 1 week, 2007
* Modern Combatives Course - Phase 1, 1 week, 2009
* Mediation and Negotiations Course, 1 week 2009
* Civil Affairs Specialist Basic NCO Course, 4 weeks, 2009
* 
Fighting Vehicle Infantry Mechanized, 1 week, 2009
* Composite Risk Management, 1 week, 2009

	f.  Adding to item 18 of his DD Form 214 the entry "Service in Afghanistan from 20080406 - 20081212."

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:

* Showing he served in MOS 38B for 2 years and 11 months
* Showing he served in MOS 11B for 5 years and 6 months
* Awarding him Additional Skill Identifier "B8"
* Listing the Personnel Financial Management Training, 1 day, 2003
* Showing he served in Afghanistan from 21 May 2008 to 1 January 2009



      _______ _  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)                                         AR20120010406



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ABCMR Record of Proceedings (cont)                                         AR20120010406



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