IN THE CASE OF:	  

		BOARD DATE:	    19 September 2013

		DOCKET NUMBER:  AR20130000586 


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 in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Combat Action Badge
* Iraq Campaign Medal (in lieu of the Global War on Terrorism Expeditionary Medal)
* North Atlantic Treaty Organization (NATO) Medal
* Kosovo Campaign Medal

	b.  Item 14 (Military Education) the:

* Primary Leadership Development Course (PLDC)
* Warrior Leadership Course (WLC)/Basic Noncommissioned Officer Course (BNCOC)
* Combat Lifesaver Course
* Special Forces (SF) Assessment and Selection Course

	c.  Item 18 (Remarks) his deployments to:

* Kosovo from August - November 2002
* Kuwait/Iraq from February 2004 - March 2005

2.  The applicant states he enlisted in the Regular Army on 23 January 2002 and he completed basic training in May 2002.  He was stationed in Germany in June 2002 while assigned to B Battery, 1st Battalion, 7th Field Artillery (FA).  From August to November 2002, he was deployed to Kosovo and from February 2004 to March 2005, he was deployed to Kuwait/Iraq.  At that time, B Battery was assigned to Task Force 9th Engineer near Tikrit, Iraq.  Both of these deployments are missing from his DD Form 214.  Personnel records from his
3-year assignment to Germany were missing at the time of his discharge and preparation of his DD Form 214.  He requested a copy of his records from the National Personnel Records Center, yet parts of these records are still missing.  He is submitting what personal records he has to correct the omission of his combat deployments and subsequent awards.

3.  The applicant provides:

* a self-authored letter, dated 8 December 2012
* his DD Form 214
* his Enlisted Record Brief (ERB), dated 31 July 2007
* a DA Form1059 (Service School Academic Evaluation Report (AER)), dated 6 October 2005
* a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 4 February 2005
* Certificate of Recognition, dated 6 June 2004
* Certificate of Achievement, undated
* four pages of an education transcript marked "unofficial copy," issued on
7 November 2012

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 U.S. Army Reserve (USAR) delayed entry program (DEP) on 4 December 2001.  He was discharged from the DEP on 22 January 2002.

3.  He enlisted in the Regular Army on 23 January 2002 and he held military occupational specialty (MOS) 13B (Cannon Crewmember).  On 3 June 2002, he was assigned to the 1st Battalion, 7th FA, Germany.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 January 2005.

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

* Macedonia/Kosovo from 16 July to 14 November 2002
* Kuwait/Iraq from 12 February 2004 to 23 February 2005

5.  On 12 July 2005, he was assigned to the 5th Battalion, 82nd FA, Fort Bliss, TX.  The specific date he departed Germany for Fort Bliss is unknown.

6.  The applicant provides and his record contains a DA Form 1059, dated 6 October 2005, wherein it shows he successfully completed PLDC from 6 September to 6 October 2006 at the U.S. Army Noncommissioned Officers Academy (NCOA), Fort Bliss.

7.  Permanent Orders 67-3052, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, dated 8 March 2007, awarded him the Parachutist Badge effective 16 March 2007 for successful completion of Airborne training (3 weeks).

8.  On 26 March 2007, he was assigned to the 1st Battalion, 1st Special Warfare Training Group, Fort Bragg, NC.

9.  On 7 September 2007, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel Separations), chapter 10, for the good of the service – in lieu of trial by court-martial, in the rank of PV1 with an under other than honorable conditions discharge.  

10.  On 22 August 2011, the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  On 23 March 2012, the ADRB 
reviewed his case and determined that relief was warranted.  As a result, his under other than honorable conditions discharge was upgraded to honorable.  He was issued a new DD Form 214 to reflect his honorable discharge.

11.  His new DD Form 214 also shows in:
	a.  Item 12f (Foreign Service) the entry "0000  00  00."

	b.  Item 13 he was awarded or authorized the:

* Army Achievement Medal
* Valorous Unit Award
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge

	c.  Item 14 the entry "NONE"; and

	d.  Item 18 no deployment entries to any foreign countries.

12.  The applicant provides and his record contains an ERB, dated 31 July 2007, that shows in section VI (Military Education) he completed the Airborne Course in 2007.

13.  Section VIII (Awards and Decorations) of this ERB shows he was awarded or authorized the:

* Army Achievement Medal
* Valorous Unit Award
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

14.  The applicant provides an unofficial copy of an Army/American Council on Education (ACE) Registry Transcript, dated 7 November 2012, wherein it shows he attended the:

* PLDC at the NCOA, Fort Bliss, from 7 September to 6 October 2005
* SF Qualification Course, Phase 4, at the Special Warfare Center, Fort Bragg, from 21 March to 13 April 2006
* Airborne Course at the Infantry School, Fort Benning from 26 February to 16 March 2007
* WLC/BNCOC at the NCOA, Fort Bragg from 27 March to 26 April 2007

15.  This transcript further shows under OLE (On-Line Experience) Courses Learning Experience, "This section provides a record of the servicemember's learning experience that do not have credit recommended for one or more of the following reasons:  course not evaluated by ACE; and/or course not completed during ACE evaluation period."  This section includes:

* PLDC
* WLC/BNCOC (SF Qual (WLC/BNCOC Common Core))

16.  The applicant's available records do not contain orders showing he was awarded the Combat Action Badge or a certificate showing he was authorized the NATO Medal.

17.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations.  One bronze service star will be worn for participation in each campaign.  During his service in Kosovo, he participated in the Kosovo Defense Campaign (11 June 1999 to a date to be determined).

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  During his service in Iraq, he participated in the following two campaigns:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

	c.  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 Global War on Terrorism operations on or after
11 September 2001 to a date to be determined.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  The NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  The U. S. Army Human Resource Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

	e.  The Combat Action Badge requirements are branch and MOS immaterial. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  

	f.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  When a Soldier is serving outside the continental United States (OCONUS) on a prescribed tour and is deployed on temporary duty (TDY) or temporary change of station (TCS) orders, the original OCONUS tour is not interrupted and the Soldier gets credit for two tours.

18.  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 regulation stated for:

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	c.  Item 14, list the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

   d.  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.  The evidence of record confirms the applicant served in Kosovo and participated in one campaign during a qualifying period for entitlement to the Kosovo Campaign Medal with one bronze service star.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served in Iraq and participated in two campaigns during a qualifying period for entitlement to the Iraq Campaign Medal with two bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Although the specific dates of his service in Germany are not known, his record shows he was assigned to Germany on 3 June 2002 and he served in Iraq for 12 months during his OCONUS service.  It is reasonable to presume he completed a 3-year tour in Germany and went on leave en route to his assignment to Fort Bliss on 12 July 2005.  Therefore, he is entitled to two awards of the Overseas Service Ribbon and correction of his DD Form 214 to show these awards.  Additionally, his 3 years of foreign service should be reflected in item 12f of his DD Form 214.

4.  A DA Form 1059 confirms he completed the 4-week PLDC on 6 October 2005 and his ERB and Parachutist Badge orders confirm he completed the 3-week Airborne Course on 16 March 2007.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.

5.  He received HF/IDP for his deployment to Macedonia/Kosovo from 16 July to 14 November 2002 and to Kuwait/Iraq from 12 February 2004 to 23 February 2005.  Therefore, his DD Form 214 should be corrected to show these deployments.

6.  With respect to the Combat Action Badge, the evidence of record is void of orders showing he was awarded the Combat Action Badge.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Combat Action Badge.

7.  With respect to the NATO Medal, to add the NATO Medal to the DD Form 214 the individual must have been presented a certificate.  The evidence of record is void of a certificate to show he was authorized the NATO medal.  Therefore, there is insufficient evidence upon which grant this portion of his request.

8.  With respect to the WLC/BNCOC and the SF Assessment and Selection Course, only courses that were successfully completed are shown on the DD Form 214.  Although he may have attended these courses, the evidence of record does not show and he has not provided any evidence that shows he completed either course.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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:

* deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0003  00  00"
* adding to item 13 of his DD Form 214 the:

* Kosovo Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon (2nd Award)

* deleting from item 14 of his DD Form 214 the current entry and replacing it with the entries: 

* PRIMARY LEADERSHIP DEVELOPMENT COURSE, 4 WEEKS, OCTOBER 2005
* AIRBORNE COURSE, 3 WEEKS, MARCH 2007

* adding to item 18 of his DD Form 214 the entries:

* SERVICE IN MACEDONIA/KOSOVO FROM 20020716-20021114
* SERVICE IN KUWAIT/IRAQ FROM 20040212-20050223

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 adding to his DD Form 214 the Combat Action Badge, NATO Medal, WLC/BNCOC, and the SF Assessment and Selection Course.



      _______ _  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)                                         AR20130000586



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ABCMR Record of Proceedings (cont)                                         AR20130000586



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