IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140004727 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  award of the Iraq Campaign Medal (ICM), Combat Action Badge (CAB), Driver and Mechanic Badge with Driver-W Bar, and two Army Achievement Medals (AAM's);

	b.  his primary specialty as 25F2O (Network Switching Systems Operator-Maintainer) instead of 25F1O; and

	c.  completion of the Combat Lifesaver Course.

2.  The applicant states his unit was returning from deployment at the time and his records were not updated when he left the Army.

3.  The applicant provides:

* DD Form 214
* temporary change of station orders
* two AAM Certificates
* Driver and Mechanic Badge with Driver-W Bar orders
* Certificate of Training
* Memorandum For Record (MFR), dated 20 October 2003
* Enlisted Record Brief (ERB)

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.  In November 2014, the applicant was notified by separate correspondence that:

     a.  he had not exhausted all administrative remedies available to him regarding his request for award of the CAB.  He was provided the necessary information to do so.  His request for award of the CAB will not be discussed further in this Record of Proceedings.

	b.  he may receive either the Global War on Terrorism Expeditionary Medal (GWOTEM) or the ICM in recognition of his service in Iraq.  He did not respond, so the GWOTEM will remain on his DD Form 214 and this portion of his request (award of the ICM) will not be discussed further in these proceedings.

3.  The applicant enlisted in the Regular Army on 5 June 2001.  He completed his training and was awarded military occupational specialty (MOS) 25F.  He arrived in Germany on 14 February 2002.   

4.  He provided a Certificate of Training which shows he completed the 40-hour Combat Lifesaver Certification Course in August 2002.

5.  He provided 440th Signal Battalion Permanent Order Number 277-17, dated 9 October 2003, which shows he was awarded the Drivers Badge (Wheeled) (properly known as the Driver and Mechanic Badge with Driver-W Bar).

6.  He provided an AAM Certificate which shows Headquarters, 1st Battalion, 27th Field Artillery Regiment, Permanent Order Number 07-040, dated 10 February 2004, awarded him the AAM for meritorious service for the period 24 April 2003 to 21 February 2004.

7.  He departed Germany on 13 February 2005.  On 4 June 2005, he was honorably released from active duty in the rank of specialist (SPC)/pay grade 
E-4.

8.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* GWOTEM
* Army Lapel Button
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

9.  His DD Form 214 also shows in:

	a.  item 11 (Primary Specialty), the entry "25F1O NETWORK SWITCHING SYSTEMS OPERATOR MAINTAINER – 3 YRS – 5 MOS//NOTHING FOLLOWS";

	b.  item 14 (Military Education), completion of the 27-week Network Switching Systems Operator-Maintainer Course in January 2002; and

	c.  item 18 (Remarks), no deployments.

10.  He provided his ERB which shows his duty MOS as 31F2O (Extension Switch Supervisor).

11.  There is no evidence showing he was promoted to sergeant (SGT).

12.  He also provided an AAM Certificate which shows the 440th Signal Battalion Permanent Order Number 198-02, dated 17 July 2005, awarded him the AAM for meritorious achievement for the period 14 February 2002 to 4 June 2005.

13.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 10 March 2003 through 8 March 2004.

14.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  Numerals will be used to denote second and subsequent awards of the OSR beginning with Numeral 2.

15.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214 and states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	a.  For item 11, enter the titles of all MOS's served (clarified by the U.S. Army Human Resources Command to mean held) for at least 1 year from the ERB and include the number of years and months served for each MOS.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.  For an enlisted Soldier, also specify the first five characters of the primary MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.  

	b.  For item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
	
17.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) contains information on the classification of individuals by identifiers and classification of positions (duty position title, identifier(s), and grade in requirements and authorization documents).  The enlisted skill level identifies skills, proficiency, or ability typically required for successful performance at the grade with which the skill level is associated.  There is a direct relationship between grade and skill level, without regard to nonsupervisory and supervisory skills.  Each skill level identifies positions in the following authorized grade(s):

* skill level 1 – private/E-1 through SPC/E-4
* skill level 2 – SGT/E-5
* skill level 3 – staff sergeant/E-6
* skill level 4 – sergeant first class/E-7
* skill level 5 – master sergeant/E-8 and sergeant major/E-9

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  Permanent orders show he was awarded two AAM's.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Although the applicant contends his primary specialty should be 25F2O, skill level 2 applies to the authorized rank/grade of SGT/E-5.  The evidence shows he was released from active duty in the rank/grade of SPC/E-4.  His primary specialty was 25F1O (skill level 1) which is properly shown in item 11 of his DD Form 214.  Therefore, there is no evidence with which to amend the entry in item 11 of his DD Form 214.
 
4.  The certificate provided by the applicant which shows he completed the 
40-hour Combat Lifesaver Certification Course in August 2002 is accepted as sufficient evidence with which to amend item 14 of his DD Form 214.

5.  Based on his two overseas tours (Germany and Kuwait/Iraq), he is eligible for two awards of the OSR.  Therefore, his DD Form 214 should be corrected to show the OSR with Numeral 2.

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:

	a.  deleting the entry "OVERSEAS SERVICE RIBBON" from his DD Form 214; 

	b.  adding award of the AAM (2nd Award), Driver and Mechanic Badge with Driver-W Bar, and Overseas Service Ribbon with Numeral 2 to his DD Form 214; and 

	c.  adding the entry "Combat Lifesaver Certification Course, 1 Week, August 2002" to item 14 of his DD Form 214.

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 amending item 11 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)                                         AR20140004727



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ABCMR Record of Proceedings (cont)                                         AR20140004727



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