IN THE CASE OF:	  

		BOARD DATE:	 8 October 2013 

		DOCKET NUMBER:  AR20130002097 


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) award of the:

*	Army Commendation Medal (2nd Award)
*	Combat Action Badge

   b.  Item 14 (Military Education) completion of:

*	Combative S Level 2
*	Hazardous Materials (HAZMAT) Training
*	Cavalry training (Bradley Fighting Vehicle)

2.  The applicant states, in effect, his DD Form 214 does not list all his awards and decorations and training he completed.

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award)
* two copies of the same Army Commendation Medal Certificate
* Permanent Orders Number 355-034, issued by Headquarters, Multi-National Corps-Iraq, Baghdad, Iraq, dated 21 December 2007
* DA Form 4187 (Personnel Action)
* Enlisted Record Brief (ERB)
* two DA Forms 2823 (Sworn Statement)
* Permanent Orders Number 332-1 and Permanent Orders Number 332-8, both issued by Headquarters, 3d Infantry Division and Fort Stewart, Fort Stewart, GA, dated 28 November 2006
* statement extract
* blank manifest roster for 2-7 Infantry Battalion

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 Regular Army on 4 May 2006.  He completed training and was awarded military occupational specialty 21B (Combat Engineer).

3.  The applicant's ERB does not show any military education nor does the applicant provide any evidence of completed training.  His ERB also shows award of the:

* National Defense Service Medal
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W (Wheeled Vehicle) Bar

4.  On 10 June 2009, the applicant was released from active duty with a general, under honorable conditions discharge.

5.  His DD Form 214 shows in:



   a.  Item 12f (Foreign Service), "0000 00 00"
   
   b.  Item 13, award of the:

*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Driver and Mechanic Badge with Driver-W (Wheeled Vehicle) Bar

	c.  Item 14, Combat Engineer, 12 weeks, 2006

	d.  Item 18 (Remarks), "Served in Iraq 20070103 – 20080113"

6.  The applicant provides two copies of the same Army Commendation Medal Certificate, permanent orders, DA Form 638, DA Form 4187, DA Form 2823, and a sworn statement, all of which show he was awarded the Army Commendation Medal (1st Award), for the period 4 January 2007 through 15 April 2008, and the Combat Action Badge.

7.  A review of the applicant's records fails to show award of the Army Commendation Medal (2nd Award).

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states to list the following on the DD Form 214, in:

	a.  Item 12f, the total amount of foreign service completed during the period covered as verified by the ERB.

	b.  Item 13, awards and decorations for all periods of service in priority sequence.  Each entry will be verified by the Soldier's records.

	c.  Item 14, formal in-service training courses successfully completed during the period of service covered.  This information is to assist the Soldier in job placement and counseling.  It states to list title, length in weeks, year completed and not to list training courses for combat skills.

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

DISCUSSION AND CONCLUSIONS:

1. The applicant's request for correction of his DD Form 214 to show all his training and entitled awards and decorations was carefully considered.

2.  Orders show the applicant was awarded the Army Commendation Medal (1st Award) and the Combat Action Badge; therefore, he is entitled to correction of his DD Form 214 to show this award and badge.

3.  There is no evidence in his record and he does not provide any showing he was awarded the Army Commendation Medal (2nd Award).  Therefore, he is not entitled to this requested relief.

4.  The applicant's ERB shows he was awarded the Iraq Campaign Medal with one bronze service star.  However, records show he served in Iraq during two campaigns; therefore, he is entitled to correction of his DD Form 214 to show award of the Iraq Campaign Medal with two bronze service stars.

5.  The applicant's completion of training is not in question; however, the governing regulation does not allow for an entry of combat skills on the DD Form 214.  Further, his record is void of and he does not provide any evidence of completing HAZMAT training.  Therefore, there is no basis for adding this training or any combat training to his DD Form 214.

6.  As a related matter, item 12f of DD Form 214 does not show his foreign service; therefore, he is entitled to correction of his DD Form 214 to show he completed 1 year and 11 days of foreign service.



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. amending item 12f of his DD Form 214 to show "0001 00 11" and 

   b.  adding the following to item 13 his DD Form 214:

*	Army Commendation Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Combat Action Badge

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 award of the Army Commendation Medal (2nd Award) and additional training.




      _______ _   _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)                                         AR20130002097



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ABCMR Record of Proceedings (cont)                                         AR20130002097



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