IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130018987 


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) in item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) to add the Army Superior Unit Award and in item 18 (Remarks) to add his service in Kuwait, Korea, Bosnia, and Germany.

2.  The applicant states, in effect, he was comparing his DD Form 214 to that of his father-in-law (Army veteran) when he noticed that his deployments and foreign service had not been annotated in item 18 of his DD Form 214.

3.  The applicant provides:

* Six certificates for award of the Army Achievement Medal, dated 8 June 1995, 16 October 1996, 5 August 1997, 13 November 1997, 3 August 1999, and 19 January 2000
* Certificate for award of the North Atlantic Treaty Organization (NATO) Medal, dated 28 October 1996
* Department of the Army General Order (DAGO) Number 15, dated 
11 April 1997
* Two certificates for award of the Army Good Conduct Medal, dated 
31 January 1998 and 16 March 2000
* Certificate of achievement, dated 11 May 1999
* DA Form 2-1 (Personnel Qualification Record – Part II), pages 1, 2, and 4 
* DD Form 214

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 enlisted in the Regular Army on 18 March 1994 and held military occupational specialty 25Q (Multichannel Transmission Systems Operator Maintainer).  The highest rank/grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

3.  His DA Form 2-1 and Enlisted Record Brief show:

	a.  He was assigned to:

* Germany from 17 July 1995 to 24 December 1996
* Bosnia from 25 December 1996 to 27 October 1997
* Germany from 28 October 1997 to 18 March 1998
* Kuwait from 19 August 1998 to 26 December 1998
* Korea from 9 October 2003 to October 2004

	b.  He attended and completed the Primary Leadership Development Course (PLDC) and the Basic Noncommissioned Officer (NCO) Course (BNCOC).

	c.  He was awarded or authorized the:

* National Defense Service Medal (3rd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Army Commendation Medal 
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (3rd Award)
* Korea Defense Service Medal


* NATO Medal 
* Armed Forces Service Medal
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Superior Unit Award
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

4.  His record contains a certificate for award of the Army Commendation Medal showing Permanent Order (PO) Number 267-01, issued by 1st Brigade, Fort Riley, KS, on 7 May 2003 awarding him the Army Commendation Medal for service during the period 22 November 2000 to 19 June 2003.

5.  His record contains a certificate for award of the Army Commendation Medal showing PO Number 267-01, issued by Headquarters, 1st Signal Brigade, Korea, on 23 September 2004 awarding him the Army Commendation Medal for service during the period 5 October 2003 to 4 October 2004.

6.  His record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 12 March 1999 which shows he successfully completed PLDC.

7.  His record contains two DA Forms 1059, dated 10 July 2003 and 
18 September 2003, showing he successfully completed phases I and II of BNCOC.

8.  He was honorably discharged on 20 May 2005.  His DD Form 214 shows he completed 11 years, 2 months, and 3 days of net active service, of which 4 years and 10 days was credited as foreign service.  His DD Form 214 also shows in:

	a.  item 13 that he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal (6th Award)
* Army Superior Unit Award
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal (3rd Award)
* Armed Forces Expeditionary Medal 
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

* Korea Defense Service Medal
* NATO Medal

	b.  item 14 (Military Education) shows he completed PLDC and BNCOC.

	c.  item 18 does not list his foreign service/deployments.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  Tour length for Germany is 24 months (without dependents) or 36 months (with dependents) and the tour length for Korea is 12 months. 

	b.  The NCO Professional Development Ribbon is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  The NCO Professional Development Ribbon consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory completion of the respective levels of NCO professional development courses.  Once a service member has been awarded the NCO Professional Development Ribbon upon graduation from Warrior Leader Course (WLC) or PLDC, subsequent appropriate numerals will be awarded to identify completion of higher level NCO Education System courses.

10.  Military Personnel (MILPER) Message Number 99-100 authorized award of both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal, as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods 
1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed to Bosnia from 
25 December 1996 to 27 October 1997 and Kuwait from 19 August 1998 to 
26 December 1998.  Therefore, he is entitled to correction of his DD Form 214 to add these deployment periods.

2.  His DD Form 214 already lists the Army Superior Unit Award; as such, no correction is necessary.

3.  His record shows he was awarded two awards of the Army Commendation Medal; however, only one award was listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this second award.

4.  He received overseas tour credit for 1 tour in Germany and 1 in Korea.  Therefore, he is entitled to two awards of the Overseas Service Ribbon and correction of his DD Form 214 to show both awards. 

5.  MILPER Message 99-100 authorized awarding both the Armed Forces Service Medal and the Armed Forces Expeditionary Medal (already listed on his DD Form 214) for service in Bosnia during the period 20 December 1996 to 20 June 1998.  Therefore, it is appropriate to add the Armed Forces Service Medal to his DD Form 214.

6.  His record shows he completed PLDC and BNCOC; therefore, he is entitled to correction of his DD Form 214 to add the NCO Professional Development Ribbon with Numeral 2.

7.  His DA Form 2-1 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

8.  There is no provision or requirement within Army regulations for adding service in Germany or Korea to item 18 of the DD Form 214 since they were permanent duty stations and not deployments.  Periods of foreign service are totaled and cumulatively showing in item 12f (Foreign Service) of the DD Form 214.  His DD Form 214 correctly shows he completed a total of 4 years and 10 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.  deleting from his DD Form 214 in item 13 the Army Commendation Medal and the Overseas Service Ribbon and adding the:

* Army Commendation Medal (2nd Award)
* Overseas Service Ribbon with Numeral 2
* Armed Forces Service Medal
* NCO Professional Development Ribbon with Numeral 2
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

	b.  adding to item 18 of his DD Form 214 the entries:

* "SERVICE IN BOSNIA FROM 19961225 - 19971027"
* "SERVICE IN KUWAIT FROM 19980819 - 19981226"

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 listing his service in Germany and Korea in item 18 of his DD Form 214.



      _______ _   _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)                                         AR20130018987





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018987



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1