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ARMY | BCMR | CY2013 | 20130003423
Original file (20130003423.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  5 November 2013

		DOCKET NUMBER:  AR20130003423


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, in effect, correction of his record to show:

* his correct service time
* his foreign service
* award of the Overseas Service Ribbon and the Global War on Terrorism Service Medal

2.  The applicant states:

* he attended Basic Combat Training (BCT) during the period 26 May 1999 through 30 August 1999
* he also served during the period 26 June 2000 through 25 September 2000

3.  The applicant provides:

* Defense Finance and Accounting Services (DFAS) Form 702 (DFAS Leave and Earnings Statement (LES))
* Orders issued by the Department of Defense Military Entrance Processing Station, Springfield, MA:

*	Orders Number 105-9, dated 26 May 1999
*	Orders Number 119-4, dated 16 June 1999
*	Orders Number 025-6, dated 7 February 2000

* Quartermaster School Diploma, dated 25 September 2000
* Orders Number 235-012, issued by the 64th Replacement Company, Unit 73770, dated 23 August 2001
* 2 DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 25 September 2000 and 30 December 2003

CONSIDERATION OF EVIDENCE:

1.  On 26 May 1999, the applicant enlisted in the U.S. Army Reserve for a period of 8 years.

2.  Orders Number 105-9, dated 26 May 1999, ordered him to active duty on 16 June 1999 for a period of 10 weeks for the purpose of attending BCT.

3.  Orders Number 119-4, dated 16 June 1999, amended Orders Number 105-9 and changed the applicant's "arrive home" date to 30 August 1999.

4.  Orders Number 025-6, dated 7 February 2000, ordered the applicant to active duty on 26 June 2000 for a period of 12 weeks for the purpose of attending Advanced Individual Training (AIT).

5.  On 25 September 2000, the applicant completed the Automated Logistical Specialist Course.

6.  On 25 September 2000, the applicant was released from active duty training.  His DD Form 214 for this period of service shows in:

* item 12c (Net Service This Period) – "0000  03  00"
* item 12d (Total Prior Active Service) – "0000  02  11"
* item 12e (Prior Inactive Service) – "0000  10  19"
* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Service Ribbon

7.  On 7 August 2001, the applicant enlisted in the Regular Army.

8.  Orders Number 235-012, dated 23 August 2001, released the applicant from the 64th Replacement Company, Frankfurt, Germany, and reassigned him to the 501st Military Battalion, Wackernheim, Germany, with a reporting date of 23 August 2001.

9.  His available records are void of documentation showing when he was initially assigned to Germany or when he returned to the United States from Germany.
10.  On 30 December 2003, the applicant was honorably retired due to a temporary disability and placed on the Temporary Disability Retired List (TDRL).  His DD Form 214 for the period ending 30 December 2003 shows in:

* item 12c – "0002  04  24"
* item 12d – "0000  00  00"
* item 12e – "0000  00  00"
* item 12f – "0000  00  00"
* item 13 – National Defense Service Medal and Army Service Ribbon

11.  On 9 March 2009, the U.S. Army Physical Disability Agency, Washington, DC, issued Orders D068-07 removing the applicant from the TDRL effective 30 December 2008 and permanently retiring him the next day.  

12.  The applicant provides an LES for the period 1 December 2000 which shows pay for his inactive duty training on 4 and 5 November 2000.

13.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

   a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	b.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

14.  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 establishes standardized policy for preparing and distributing the DD Form 214.  

   a.  The instructions for completing items 12d and 12e are to enter the total amount of prior active and inactive service, less lost time if any, from the previously-issued DD Form 214.
   
   b.  The instructions for completing item 12f are to enter, from the Enlisted Record Brief, the total amount of foreign service completed during the period covered in item 12c.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show his correct service time, overseas service, and award of the Overseas Service Ribbon and Global War on Terrorism Service Medal was carefully considered.

2.  A review of his record shows his DD Form 214 for the period ending 25 September 2000 accurately records his service during this period.  Therefore, no corrections are required.  His active duty during BCT is shown in item 12d.

3.  The applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal; therefore, his DD Form 214 for the period ending 30 December 2003 should be corrected to show this award.

4.  His prior active service (5 months and 11 days) and inactive service (10 months and 19 days) are not shown on his DD Form 214 for the period ending 30 December 2003.  Further, his inactive service during the period 26 September 2000 through 6 August 2001 (10 months and 12 days) is not shown on his DD Form 214 for the period ending 30 December 2003.  Therefore, his DD Form 214 for the period ending 30 December 2003 should be corrected to show his prior active service (5 months and 11 days) and total inactive service
(1 year, 9 months, and 1 day).

5.  Although the applicant provides orders for his overseas assignment in Germany, his record is void of a return date and he fails to provide this information.  It is unclear whether or not he successfully completed his overseas tour or how long he was overseas.  Therefore, without sufficient evidence showing he completed an overseas tour, he is not entitled to award of the Overseas Service Ribbon or correction of his DD Form 214 for the period ending 30 December 2003 showing this award or his 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 adding to his DD Form 214 for the period ending 30 December 2003:

*	item 12d – "0000  05  11"
*	item 12e – "0001  09  01"
*	item 13 – "Global War on Terrorism Service Medal”

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 Overseas Service Ribbon and foreign service credit.




      _______ _   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)                                         AR20130013701



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ABCMR Record of Proceedings (cont)                                         AR20130003423



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