BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130008179 


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 awards of the Iraq Campaign Medal (ICM) and the Army Good Conduct Medal (AGCM) and his completion of the Sapper Leader Course.

2.  The applicant states he served in support of Operation Iraqi Freedom from 2003 to 2004 and qualifies for award of the ICM.  His award of the AGCM and completion of the Sapper Leader Course were not included on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, orders awarding him the AGCM, a Certificate of Completion for the Sapper Leader Course, and a memorandum verifying his deployment.

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 29 June 2000 for a period of    4 years and training as a combat engineer.  He completed his one-station unit training at Fort Leonard Wood, Missouri, his airborne training at Fort Benning, Georgia, and he was assigned to Fort Bragg, North Carolina. 

3.  The applicant completed the Sapper Leader Course at Fort Leonard Wood during the period 6 May to 2 June 2002.

4.  He was promoted to the pay grade of E-5 on 19 December 2002 and was deployed to Iraq during the period 2 April 2003 – 3 March 2004.

5.  On 22 September 2004, Permanent Orders Number 266-28, issued by Headquarters Company, 37th Engineer Battalion awarded him the AGCM (1st Award) for the period 29 June 2000 – 28 June 2003.

6.  On 28 October 2004, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 4 years and 4 months of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), National Defense Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal, Army Service Ribbon, Parachutist Badge, and his marksmanship badges.

7.  In item 14 (Military Education) of his DD Form 214 are the entries Primary Leadership Development Course, Field Sanitation Course, Drivers Training Course, and Army Retention Course.

8.  In the processing of this case, a staff member of the Board contacted the applicant through email regarding his choice to either retain the GWOTEM or forego the GWOTEM for the ICM.  The applicant elected to retain the GWOTEM.   

9.  Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

10.  Army Regulation 600-8-22 states the Sapper Tab was established on         28 June 2004.  The basic eligibility criteria are successful completion of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  The Sapper Tab may be awarded retroactively to any person who successfully completed all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985.  Retroactive requests will be submitted to 
Commander, U.S. Army Human Resources Command, ATTN:  AHRC-CC-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.

11.  Army Regulation 600-8-22 states the Noncommissioned Officer Professional Development Ribbon (NPDR) is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCOES successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It states that item 14 is to assist the Soldier in job placement and counseling, therefore, courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AGCM (1st Award) in duly authenticated orders and is entitled to have this award added to his DD Form 214.

2.  The applicant is entitled to award of either the GWOTEM or the ICM for his tour in Iraq.  Soldiers are not authorized both awards for the same period of service and he has elected to retain his award of the GWOTEM.  Accordingly, there is no basis to add the ICM to his DD Form 214.

3.  The applicant’s contention that his completion of the Sapper Leader Course should be added to his DD Form 214 has been noted and found to lack merit. The Sapper Leader Course is a combat skill course and is not authorized by the governing regulation for entry on the DD Form 214.  However, it appears the applicant may be authorized the Sapper Tab.  He should contact the U.S. Army Human Resources Command as described above if he desires this award.
4.  Based on his completion of the Primary Leadership Development Course     he is authorized the NPDR with numeral one, which should be added to his     DD Form 214 at this time.

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 the award of the AGCM (1st award) and NPDR with numeral one to his DD Form 214.

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 awarding him the ICM and adding the Sapper Leader Course to his DD Form 214.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20130008179





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ABCMR Record of Proceedings (cont)                                         AR20130008179



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