IN THE CASE OF:	  

		BOARD DATE:  16 January 2014

		DOCKET NUMBER:  AR20130001313 


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 reconsideration of his earlier request to correct his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing he was awarded the Combat Medical Badge (CMB).  Additionally, he requests consideration of the following three new issues by correcting his DD Form 214 to show:

	a.  two awards of the Army Commendation Medal (ARCOM);

	b.  award of the Divers Badge; and

	c.  he served in Iraq and Kosovo.

2.  The applicant states his DD Form 214 does not show the awards and overseas service listed in the previous paragraph.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080004868, on 8 July 2008.

	a.  The Record of Proceedings (ROP) shows the applicant enlisted in the Regular Army on 20 November 2000.  He held military occupational specialty 91W (Health Care Specialist).  He attained the rank of private first class, pay grade E-3 and he was discharged on 25 October 2005.

	b.  The applicant's DD Form 214 was reviewed by the Board.  It does not show that he performed any overseas service.  Furthermore, there is no evidence of any qualifying service that would warrant awarding him the CMB.

2.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  The staff of the ABCMR reviewed his request for reconsideration and determined that it was not received within one year of the ABCMR's original decision.  As a result, it does not meet the criteria outlined above.  Furthermore, there is no evidence showing that what the Board previously decided was in error or unjust.  Accordingly, this issue will not be discussed further in these proceedings.  However, the new issues will be considered by this Board.

3.  Records show the applicant enlisted at Fort Jackson, SC.  He was subsequently assigned to Fort Sill, OK and Fort Sam Houston, TX in a student status.  In June 2001, he was assigned to Fort Benning, GA in a permanent duty status.  The available evidence does not show that he was ever assigned outside of the United States.

4.  The applicant's Enlisted Record Brief (ERB) does not list any overseas service.  He was advanced to specialist, pay grade E-4 on 20 November 2002.  On 16 May 2005, he was reduced to private first class, pay grade E-3.  His awards are listed as:

* Army Good Conduct Medal
* National Defense Service Medal (two awards)
* North Atlantic Treaty Organization (NATO) Medal
* Global War on Terrorism Service Medal

5.  The applicant's DD Form 214 shows no indication of any overseas service in Item 12f (Foreign Service).  His awards are listed as:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* NATO Medal
* Global War on Terrorism Service Medal

6.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hazardous fire pay/imminent danger pay and combat zone tax exclusion for the following service:

* Macedonia/Kosovo:  20011031 - 20020509 (6 months and 9 days)
* Kuwait/Iraq:  8 January - 19 July 2003          (6 months and 12 days)

                                                                      Total:   1 year and 21 days

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

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who participated in or served in direct support of the Defense Campaign (began on 11 June 1999 to a date to be determined)  One bronze service star is authorized for this campaign.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	d.  On 17 September 2004, the Army's Scuba Diver Badge was redesigned and renamed the Special Operations Diver Badge and an additional grade, the Special Operations Diving Supervisor Badge, was created.  The prerequisites for selection for the Combat Diver Qualification Course state a member must be a commissioned officer, warrant officer, or enlisted member of the Active Army or Reserve Component or selected Department of Defense personnel assigned or on orders to a special operations forces unit.

	e.  The Driver and Mechanic Badge requires that a Soldier qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55.  Furthermore, he or she must be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record).

8.  Army Regulation 635-5 (Separation Documents) paragraph 2-4, Completing the DD Form 214, requires that foreign service be entered in Item 12f.  Also deployments are to be documented in block 18 (Remarks). The prescribed format is, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  Consecutive entries in block 18 are separated by a double slant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing he was awarded the ARCOM (twice), awarded the Divers Badge, and served in Iraq and Kosovo.

2.  There are no available orders showing the applicant was awarded the ARCOM.  Furthermore, he has not provided any documentary evidence or convincing argument that shows he received such award.  Therefore, this portion of the request should be denied.

3.  The applicant stated he was awarded the Divers Badge, but may have meant the Driver and Mechanic Badge.  In either case, a review of his records failed to show that he was awarded either badge or that he had attained the necessary requirements for such award.  Therefore, this portion of the request should be denied.

4.  The available evidence shows the applicant served on two deployments which should be added to the remarks section of his DD Form 214.  These deployments also authorize him the Kosovo Campaign Medal with one bronze service star and the Iraq Campaign Medal with two bronze service stars.  Both service medals should be shown on his 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:

	a.  showing in Item 12f of his DD Form 214 "1 year and 12 days";

	b.  adding to his DD Form 214 the following two service medals:

* Kosovo Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars

	c.  adding to the Remarks block of his DD Form 214 "SERVICE IN MACEDONIA/KOSOVO FROM 20011031 - 20020509//SERVICE IN KUWAIT/IRAQ FROM 20030108 - 20030719."

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 award of the Army Commendation Medal, Divers Badge, or the Driver and Mechanic Badge.




      _______ _  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)                                         AR20130001313



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ABCMR Record of Proceedings (cont)                                         AR20130001313



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