IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130005250 


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 his military education, awards and decorations, and current mailing address.

2.  The applicant states that his DD Form 214 does not contain a complete and accurate record of his military service.

	a.  He states that he completed the Medical Specialist course.

	b.  He was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 502nd Infantry, 101st Airborne Division (Air Assault), and deployed with his unit to Iraq on two occasions.

	c.  He qualified for the Iraq Campaign Medal (ICM) with two bronze service stars, and his unit was awarded the Valorous Unit Award (VUA) and Meritorious Unit Commendation (MUC).

   d.  His current mailing address is in Garden Ridge, TX.

3.  The applicant provides copies of the following documents in support of his application:

* DD Form 214
* military diploma
* ICM award criteria
* VUA and MUC orders
* driver's license

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 26 August 1999 for a period of 4 years.  He was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He extended his 4-year enlistment a period of 26 additional months.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record (PQR)) shows in:

   a.  item 5 (Oversea Service) that he served in Korea from 21 February 2000 through 20 February 2001; and

   b.  item 17 (Civilian Education and Military Schools) that he completed the 
10-week Medical Specialist (MOS 91B) course in 2000.

4.  The applicant's Enlisted Record Brief (ERB) shows in section I (Assignment Information - Overseas Duty):

* Korea - 12 months, returned in February 2001
* Iraq - 10 months, returned in March 2004

5.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the Primary Leadership Development Course.

6.  Three DA Forms 2166-8 (NCO [Noncommissioned Officer] Evaluation Reports) for the periods January through December 2003, January through June 2004, and July 2005 through June 2006 show the applicant was assigned to HHC, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division (Air Assault).

7.  The applicant's DD Form 214 shows he was honorably discharged on
24 December 2006 based on completion of required active service.  He completed 7 years, 3 months, and 29 days of active service.  It also shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, Combat Medical Badge, and Air Assault Badge;

	b.  item 14 (Military Education) does not show the Medical Specialist course;

	c.  item 18 (Remarks) the applicant served in Iraq from:

* 30 June 2003 to 1 March 2004
* 29 September 2005 to 25 September 2006

	d.  item 19a (Mailing Address After Separtion) shows, in part, Nashville, TN.

8.  U.S. Army Human Resources Command (HRC), St. Louis, MO, Orders
D-03-706168, dated 14 March 2007, show the applicant was honorably discharged from the U.S. Army Reserve (USAR) on 14 March 2007.  The orders show his mailing address was in Nashville, TN.

9.  In support of his application, the applicant provides the following documents:

	a.  Academy of Health Sciences, U.S. Army Diploma, that shows he attended and completed the Medical Specialist Course (MOS 91B1O), during the period 
8 November 1999 to 3 February 2000, at Fort Sam Houston, TX.

   b.  Headquarters, Department of the Army, General Orders Number 3, dated 6 November 2007, that awarded the MUC to the 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division, for exceptionally meritorious conduct in the performance of outstanding service during the period 19 March 2003 to
23 September 2003.

   c.  HRC, Alexandria, VA, Permanent Orders 308-13, dated 3 November 2008, that awarded the VUA to the 2nd Battalion, 502nd Infantry Regiment, for extraordinary heroism in action against an armed enemy in support of Operation Iraqi Freedom (OIF) during the period 1 October 2005 to 20 September 2006.

   d.  His driver's license, issued on 10 February 2011, that shows he resides in Garden Ridge, TX.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (i.e., the cessation of OIF).

		(1)  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.  (Soldiers who received the Global War on Terrorism Expeditionary Medal (GWOTEM) are not authorized service stars for campaigns in which the GWOTEM is awarded.)

    	(2)  During the applicant's two periods of service in Iraq, he served in the following campaigns:

* Transition of Iraq (2 May 2003 - 28 June 2004) - GWOTEM
* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)

	b.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.

	 	(1)  Numerals are used to denote subsequent awards of the OSR.

	 	(2)  According to the Military Awards Branch at HRC, Afghanistan and Iraq 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 Afghanistan or Iraq receive credit for a completed short tour.

	c.  The Noncommissioned Officer Professional Development Ribbon (NPDR) is awarded to Active Army, Army National Guard, and Army Reserve Soldiers for successful completion of designated NCO professional development courses.  A Soldier who successfully completes the primary level (i.e., Primary Leadership Development Course) of the Noncommissioned Officer Evaluation System is awarded the NPDR.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; each entry will be verified by the Soldier's records;

   b.  item 14:  from the PRQ/ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214; and

   c.  item 19:  enter the mailing address and county of residence furnished by the individual at time of separation.  The county may be omitted if not listed in Appendix A.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his military education, awards and decorations, and his current mailing address.

2.  Records show the applicant's mailing address at the time of his separation from active duty in 2006 and when he was discharged from the USAR in 2007 was in Nashville, TN.  The applicant states that his address has changed and he provides a copy of his driver's license that was issued in 2011 that shows his current address is in Garden Ridge, TX.  The governing regulation shows the mailing address furnished by the individual at the time of separation will be entered in item 19a of the DD Form 214.  Thus, based on the available evidence, there is no basis to correct this item.

3.  The evidence of record shows the applicant completed the 10-week Medical Specialist course in 2000.

4.  Records show the applicant was awarded the ICM based on his service in Iraq in support of OIF.  Records also show he served in two campaigns during the period of service for which he was authorized the ICM.  Therefore, it would be appropriate to correct his records to show award of the ICM with two bronze service stars.

5.  Records show the applicant served a 12-month qualifying period of overseas service in Korea for award of the OSR.  Records also show his service in Iraq met the qualifying criteria for two awards of the OSR.  Therefore, it would be appropriate to correct his records to show award of the OSR with Numeral "3."

6.  Records show the applicant completed the Primary Leadership Development Course.  Therefore, he qualified for award of the NPDR.

7.  General orders awarded the applicant's unit (i.e., 2nd Battalion, 502nd Infantry Regiment) the MUC and permanent orders awarded the applicant's unit the VUA.

8.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his military education and awards as recommended below.

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.  deleting from item 13 of his DD Form 214 the:

* Iraq Campaign Medal
* Overseas Service Ribbon

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

* Iraq Campaign Medal with 2 bronze service stars
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon with Numeral 3
* Valorous Unit Award
* Meritorious Unit Commendation

	c.  adding to item 14 of his DD Form 214 the "Medical Specialist Course,
10 Weeks, 2000."
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 his mailing address after separation.




      _______ _  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)                                         AR20130005250



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ABCMR Record of Proceedings (cont)                                         AR20130005250



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