BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120016621 


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 26 July 2012 to:

* add to item 11 (Primary Specialty) military occupational specialty (MOS) 88M 
* add to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal (AAM) (2nd Award) and Expert Infantryman Badge (EIB)
* add to item 14 (Military Education) the 40-hour Combat Lifesaver Course 

2.  He also requests, in effect, correction of item 18 (Remarks) to show he completed his first enlistment contract.  

3.  He states he reenlisted in Iraq.

4.  He provides:

* two DD Forms 214
* Reenlistment Reservation Record
* Certificate of Training
* DA Form 638 (Recommendation for Award)
* two AAM Certificates
* EIB Certificate
* orders

CONSIDERATION OF EVIDENCE:

1.  On 7 December 2006, the applicant enlisted in the U.S. Army Reserve for a period of 8 years.  He provides a DD Form 214 showing he was released from active duty training on 4 May 2007 by reason of completion of required active service.  

	a.  Item 11 of this DD Form 214 shows he was awarded MOS 88M.  

	b.  Item 18 includes the statement "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE."  

2.  On 13 March 2008, he enlisted in the Regular Army for a period of 6 years and 35 weeks with an active duty obligation of 3 years and 9 weeks and a Reserve Component obligation of 3 years and 26 weeks.  His expiration of term of service (ETS) was established as 6 December 2014.  After completing training, he was awarded primary MOS 11B (Infantryman).  

3.  His Enlisted Record Brief (ERB) shows he was assigned to an infantry unit at Fort Bliss, TX, from 1 March 2009 through the date of his discharge.  The ERB does not show he held MOS 88M during this period of active duty service, nor does it show any military education.  

4.  His record is void of documentation showing he was awarded the AAM (2nd Award) and EIB.  

5.  His record is void of documentation showing he completed the Combat Lifesaver Course.

6.  His record is void of documentation showing he served in Iraq or that he reenlisted while serving there.  

7.  On 26 July 2012, he was discharged under honorable conditions after completing 4 years, 3 months and 20 days of net active service this period.  The DD Form 214 issued at that time shows in:

* item 11 – "11B1O INFANTRYMAN - 3 YRS 5 MOS"
* item 13 – no entry for the AAM (2nd Award) (or otherwise) or EIB
* item 14 – "NONE"
* item 18 – "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"

8.  The Total Army Personnel Database-Reserve shows his ETS as 6 December 2014.

9.  He provides:

	a.  a Reenlistment Reservation Record indicating he was deployed, that he had a reservation date of 19 February 2010, a "REUP-Date" of 22 February 2010, and a new ETS of 21 February 2015; 

	b.  a Certificate of Training awarded to him for successful completion of the 40-hour Medical Simulation Training Center Combat Life Savers Course during the period 4 to 7 October 2010 at Fort Bliss, TX; 

	c.  AAM Certificates showing 1st Battalion, 36th Infantry Regiment, issued permanent orders awarding him the AAM for two periods:  3 January to 4 February 2011 and 12 to 16 December 2011; and

	d.  Permanent Orders 041-71, dated 10 February 2011, issued by Headquarters, Fort Bliss, TX, announcing award of the EIB to him.  

10.  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 summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It provides instructions for completing each item on the DD Form 214.

	a.  For item 11, from the ERB, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. 

	b.  For item 13, list awards and decorations for all periods of service. 

	c.  For 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.  For item 18, the entry “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” is mandatory.  This information assists the State in determining eligibility for unemployment compensation entitlement.  The proponent for the regulation has confirmed that once a Soldier receives a DD Form 214 saying "has completed first full term of service," any subsequent DD Forms 214 must also say "has completed first full term of service."

	e.  For item 18, for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter “IMMEDIATE REENLISTMENTS THIS PERIOD” (specify dates).  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable,” enter “Continuous honorable active service from (first day of service which DD Form 214 was not issued) until (date before commencement of current enlistment)." Then, enter the specific periods of reenlistments as prescribed above.

11.  Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.  This regulation also states combat lifesavers must be recertified every 12 months at the unit level.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show, nor has the applicant provided evidence showing, he held in MOS 88M during the period of active duty covered by his final DD Form 214.  In the absence of such evidence, there is no basis for adding this MOS to his final DD Form 214.

2.  He has provided documentation indicating he had a reenlistment reservation, and his final DD Form 214 shows he served beyond the 3 year and 9 week active duty obligation he incurred when he enlisted in 2008.  Unfortunately, there is no documentary evidence showing he reenlisted or that a new ETS was established as a result of reenlistment.  Without such evidence, there is no basis for correcting his final DD Form 214 to show he reenlisted during the period of active duty service ending on 26 July 2012.

3.  He was issued a DD Form 214 on 4 May 2007 that included the statement "Member has completed first full term of service."  Therefore, his final DD Form 214 should be corrected to include this statement.

4.  He has provided permanent orders awarding him the EIB and certificates showing permanent orders awarded him two awards of the AAM.  He is entitled to correction of his final DD Form 214 to show these awards.

5.  Skills attained in the Combat Lifesavers Course are not strictly applicable to combat.  Therefore, it would appropriate to include this 40-hour (1-week) course on the applicant’s DD Form 214.

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 additions to and deletion from his final DD Form 214:

* add to item 13 – AAM (2nd Award) and EIB
* add to item 14 – "COMBAT LIFESAVER COURSE, 1 WEEK, 2010" 
* delete from item 18 – "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"
* add to item 18 – "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE" 

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 correcting his final DD Form 214 to show he held MOS 88M and to show he reenlisted.  



      _______ _  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)                                         AR20120016621





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ABCMR Record of Proceedings (cont)                                         AR20120016621



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