IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130015445 


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:

* he was awarded or authorized the following –

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* two Certificates of Achievement
* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badge
* Iraq Campaign Medal with two bronze service stars

* he completed the following military training –

* Driver Training Education Army Traffic Safety Training Program
* Driver Training Course
* New Equipment Training Course for Familiarization of the Tactical Water Purification System
* Lightweight Water Purifier Familiarization Course
* Water Tank Rack Operator and Maintenance Familiarization Course
* Department of Defense (DOD) Information Assurance Awareness
* Movement Tracking System Plus Operator Course
* Combat Lifesaver Course
* Modern Army Combatives Level 1 Course
* Mine Resistant Ambush Protected Vehicle M1224 MaxxPro Course
* Mine Resistant Ambush Protected Vehicle M1224 MaxxPro Plus Delta Course

2.  The applicant states:

	a.  He believes his DD Form 214 contains errors because it was not updated by his headquarters company.  When he returned from Iraq he was being separated, so he believes there was not enough time to update this information.  His company was attempting to complete the paperwork for award of the Army Good Conduct Medal, at least that's what they told him.  He believes that since he was being separated they did not put forth the effort to get everything done in time.  During his enlistment he gave his unit and the Army everything he had.  He feels that since he gave them everything he could the Army should at least have his DD Form 214 corrected to assist him in school, employment, and the possibility of reentering military service.

	b.  His DD Form 214 should be corrected to show award of the Iraq Campaign Medal with two bronze service stars.  This error was made because the additional phases for the Iraq Campaign Medal were not identified until 11 March 2010.

3.  The applicant provides copies of the following:

* two Certificates of Achievement
* 11 training completion certificates
* two DA Forms 638 (Recommendation for Award) and corresponding award certificates
* Headquarters, III Corps and Fort Hood, Orders 108-15, dated 17 April 2008
* Post-Deployment Health Re-Assessment
* DD Form 214
* DOD News Release Number 193-10, dated 11 March 2010, subject:  Additional Phases Identified for Iraq Campaign Medal

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 19 July 2006 and he held military occupational specialty (MOS) 92W (water treatment specialist).

3.  He provided copies of the following:

	a.  two Certificates of Achievement for the periods 16 August through 24 September 2007 and 14 April through 29 August 2008;

	b.  11 training completion certificates for the following courses:

		(1)  Driver's Training Education Army Traffic Safety Training Program, 3 hours, 25 April 2007;

		(2)  Driver Training Course, 80 hours, 4 May 2007;

		(3)  New Equipment Training Course for Familiarization of the Tactical Water Purification System, 80 hours, 15 June 2007;

		(4)  Lightweight Water Purifier Familiarization Course, 40 hours, 22 June 2007;

		(5)  Water Tank Rack Operator and Maintenance Familiarization Course, 8 hours, 2007;

		(6)  DOD Information Assurance Awareness, 1 hour, 24 January 2008;

		(7)  Movement Tacking System Plus Operator Course, 8 hours, 6 February 2008;

		(8)  Combat Lifesaver Course, 40 hours, 7 March 2008;

		(9)  Modern Army Combatives Level 1 Course, 40 hours, 18 April 2008;

		(10)  Mine Resistant Ambush Protected Vehicle M1224 MaxxPro Course, 40 hours, 30 April 2009; and

		(11)  Mine Resistant Ambush Protected Vehicle M1224 MaxxPro Plus Delta Course, 14 hours, 1 May 2009;

	c.  Headquarters, III Corps and Fort Hood, Orders 108-15, dated 17 April 2008, showing his deployment to Iraq with a proceeding date of 2 June 2008;

	d.  two DA Forms 638, dated 24 February 2009 and 19 June 2009, which awarded him the Army Commendation Medal for:

		(1)  exceptionally meritorious achievement during Operation Iraqi Freedom 08-09 for the period 10 June 2008 through 10 September 2009 approved on 15 May 2009 in Permanent Orders (PO) Number CD114-49, dated 17 May 2009, with corresponding certificate; and

		(2)  meritorious service from 2 June 2006 through 10 November 2009 approved on 20 July 2009 in PO Number CD200-06, dated 20 July 2009, with corresponding certificate; and

	e.  A Post-Deployment Health Re-Assessment, dated 28 October 2009, showing he arrived in theater on 10 June 2008 and departed on 4 August 2009.

4.  He was honorably released from active duty in pay grade E-4 on 23 January 2010.  He completed 3 years, 6 months, and 5 days of net active service with no lost time.  His DD Form 214 shows in:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with one bronze service star, Army Service Ribbon, and Overseas Service Ribbon
* Item 14 (Military Education) – Water Treatment Specialist Course, 14 weeks, 2007
* Item 18 (Remarks) – service in Iraq from 8 June 2008 to 1 August 2009

5.  He further provided a copy of the DOD News Release Number 193-10, dated 11 March 2010, subject:  Additional Phases Identified for Iraq Campaign Medal, showing the additional campaign phases and associated dates established for the Iraq Campaign Medal as:

* Iraq Surge – 10 January 2007 through 31 December 2008
* Iraqi Sovereignty – 1 January 2009 through a date to be determined

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Component bars are authorized for the Driver and Mechanic Badge for the following types of vehicles and/or qualifications:

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

	c.  The eligibility requirements for drivers require that a Soldier must:

		(1)  qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator's Identification Card), issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing);

		(2)  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 (Except Aircraft); and

		(3)  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

	d.  The marksmanship qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are awarded in three classes:  Expert, Sharpshooter, and Marksman.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The regulation stated:

* item 13 will list all awards for all periods of service
* item 14 will list formal in-service (full-time attendance) training courses (40 hours or more) successfully completed during the period of service covered by the DD Form 214; and title, length in weeks, and year completed – this information is to assist the Soldier in job placement and counseling – training courses for combat skills are not listed

8.  Army Regulation 635-5 also stated only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant two Army Commendation Medals for meritorious achievement and meritorious service on 15 May and 20 July 2009, respectively.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  The available evidence shows he served in Iraq for over 1 year, had no lost time, attained pay grade E-4, and was honorably released from active duty.  Therefore, it appears he met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 19 July 2006 through 18 July 2009 and his DD Form 214 should be corrected to show this award.

3.  He served in Iraq from 8 June 2008 through 1 August 2009.  Therefore, he is entitled to two bronze service stars for his already-awarded Iraq Campaign Medal.  His DD Form 214 should be corrected to shows these service stars.

4.  In accordance with regulations, his completion of the following courses in duration of 40 hours or more are authorized for entry on his DD Form 214:

* Driver Training Course
* New Equipment Training Course for Familiarization of the Tactical Water Purification System
* Lightweight Water Purifier Familiarization Course
* Combat Lifesaver Course
* Modern Army Combatives Level 1 Course
* Mine Resistant Ambush Protected Vehicle M1224 MaxxPro Course

5.  With respect to award of the Driver and Mechanic Badge, the evidence shows he served in MOS 92W during his period of service.  There is no evidence in his service personnel record that shows he was recommended for or awarded this badge.  The documentation he provided is insufficient evidence to show he met all of the eligibility criteria required for award of this badge.  Therefore, he is not entitled to award of the Driver and Mechanic Badge and its addition to his DD Form 214.

6.  With respect to award of the Expert Marksmanship Qualification Badge, there is no evidence and he has not provided sufficient evidence that he qualified as Expert with a weapon.  Based on the available evidence, he is not entitled to award of the Expert Marksmanship Qualification Badge with a weapon and to have it added to his DD Form 214.

7.  With respect to entering his two Certificates of Achievements on his DD Form 214, in accordance with regulatory guidance there is no provision for entering a Certificate of Achievement on the DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show his two Certificates of Achievement.

8.  In accordance with Army Regulation 635-5, his completion of the following courses with a duration of less than 40 hours is not authorized for entry on his DD Form 214:

* Driver's Training Education Army Traffic Safety Training Program
* Water Tank Rack Operator and Maintenance Familiarization Course
* DOD Information Assurance Awareness
* Movement Tacking System Plus Operator Course
* Mine Resistant Ambush Protected Vehicle M1224 MaxxPro Plus Delta Course

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 19 July 2006 through 18 July 2009
* deleting award of the Army Commendation Medal and Iraq Campaign Medal with one bronze service star from his DD Form 214
* adding the following awards to his DD Form 214:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars

* adding the following training to his DD Form 214:

* Driver Training Course, 2 weeks, 2007
* New Equipment Training Course for Familiarization of the Tactical Water Purification System, 2 weeks, 2007
* Lightweight Water Purifier Familiarization Course, 40 hours, 2007
* Combat Lifesaver Course, 1 week, 2008
* Modern Army Combatives Level 1 Course, 1 week, 2008
* Mine Resistant Ambush Protected Vehicle M1224 MaxxPro Course, 1 week, 2009

2.  The Board further determined 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:

* adding the following awards to his DD Form 214:

* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badge
* two Certificates of Achievement

* adding the following training to his DD Form 214:

* Driver Training Education Army Traffic Safety Training Program
* Water Tank Rack Operator and Maintenance Familiarization Course
* DOD Information Assurance Awareness
* Movement Tacking System Plus Operator Course
* Mine Resistant Ambush Protected Vehicle M1224 MaxxPro Plus Delta Course



      ___________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)                                         AR20130015445



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ABCMR Record of Proceedings (cont)                                         AR20130015445



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