IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011876
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 his:
* second deployment to Iraq from 27 June to 31 October 2008
* completion of the Warrior Leader Course
2. The applicant states he did not receive credit for his second deployment or completion of this noncommissioned officer (NCO) course.
3. The applicant provides a DA Form 1059 (Service School Academic Evaluation Report).
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 17 June 2003 and he held military occupational specialty 31B (Military Police (MP)). He served through a reenlistment and he attained the rank/grade of sergeant (SGT)/E-5.
2. His Enlisted Record Brief (ERB) shows he served in Korea, from 25 November 2003 to 24 November 2004 and Iraq, from 7 December 2005 to 5 December 2006.
3. He successfully attended and completed the 2-week Warrior Leader Course from 16 February to 1 March 2008.
4. Permanent Order (PO) Number 174-021, issued by Headquarters, 94th MP Battalion, Korea, on 22 June 2004 awarded him the Army Achievement Medal.
5. PO Number 278-17, issued by Headquarters, 3rd Special Troop Battalion awarded him the Army Achievement Medal for meritorious service from 20 to 23 August 2008.
6. He received an annual NCO Evaluation Report for the rating period 1 March 2008 through 28 February 2009 while assigned as a team leader in a combat support MP company - forward deployed to the Central Command area of operation in support of Operation Iraqi Freedom 08-10.
7. He suffered a medical condition on 30 October 2008 while in Iraq that led to his evacuation and subsequent entry into the Army physical disability evaluation system. A physical evaluation board ultimately recommended his permanent retirement.
8. He was retired on 29 December 2011 in the rank/grade of SGT/E-5 by reason of permanent disability. He completed 8 years, 6 months, and 13 days of creditable active service. His DD Form 214 shows in:
* item 12f (Foreign Service) - "0002 00 00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the following awards:
* Iraq Campaign Medal with two campaign (bronze service) stars
* Army Commendation Medal
* Army Achievement Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Action Badge
* Driver and Mechanic Badge with Driver Wheeled Vehicle Clasp
* item 14 (Military Education) - Combat Lifesavers Course, 1 week, 2004; Hazardous Material Certification, 1 week, 2005
* item 18 (Remarks), the entry "SERVICE IN IRAQ 20051207-20061206"
9. An email from the Defense Finance and Accounting Service, dated 3 December 2012, confirms he received hazardous fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait for the following two periods. DFAS records do not show a third deployment:
* 7 December 2005 to 6 December 2006
* 29 June 2008 to 31 October 2008
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. item 14, from the ERB, shows formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes 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.
c. item 18, 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)."
11. Army Regulation 600-8-22 (Military Awards) provides for award of the NCO Professional Development Ribbon. The NCO Professional Development Ribbon is awarded to active Army, Army National Guard (ARNG), and USAR Soldiers 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. Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral that identifies the highest level of NCO Education System (NCOES) or RC-NCOES successfully completed as follows: 1 Bar Ribbon Device = Primary Level; 2 = Basic Level; 3 = Advanced Level; and 4 = Senior Level.
DISCUSSION AND CONCLUSIONS:
1. With respect to the foreign service:
a. The applicant served in Korea from 25 November 2003 to 24 November 2004 (1 year); Iraq, from 7 December 2005 to 6 December 2006 (1 year); and again, Iraq from 27 June to 31 October 2008 (4 months and 4 days). His total foreign service should show in item 12f completion of 2 years, 4 months, and 4 days vice 2 years.
b. He completed two periods of service in Iraq: 25 November 2003 to 24 November 2004 and 27 June to 31 October 2008. The first period of combat service is listed in item 18 but not the second. He is entitled to correction of his DD Form 214 to show both periods of combat service.
2. He successfully attended and completed the 2-week Warrior Leader Course from 16 February to 1 March 2008. Therefore, his DD Form 214 should be corrected to show this training course in item 14.
3. Completion of the Warrior Leader Course also qualifies him for award of the NCO Professional Development Ribbon with Numeral 1 and correction of his DD Form 214 to show it.
4. He was awarded two awards of the Army Achievement Medal. His DD Form 214 omitted one. Therefore, he is entitled to correction of item 13 of his DD Form 214 to show both awards.
BOARD VOTE:
____x___ ____x___ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 the entry "0002 00 00" and adding the entry "0002 04 04"
* deleting from item 13 the Army Achievement Medal
* adding to item 13 the Army Achievement Medal (2nd Award) and the NCO Professional Development Ribbon with Numeral 1
* adding to item 14 the entry Warrior Leader Course, 2 weeks, 2008
* adding to item 18 the entry "Service in Iraq 20080627 - 20081031"
_______ _ _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) AR20120011876
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ABCMR Record of Proceedings (cont) AR20120011876
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