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ARMY | BCMR | CY2014 | 20140007814
Original file (20140007814.txt) Auto-classification: Approved

		IN THE CASE OF:  	  

		BOARD DATE:  19 March 2015	  

		DOCKET NUMBER:  AR20140007814 


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:

	a.  he completed a period or honorable service;

	b.  he was awarded or authorized the – 

* Army Commendation Medal (ARCOM)
* Presidential Unit Citation 
* Meritorious Unit Commendation 
* two Certificates of Achievement 

	c.  he completed the Hazardous Material Familiarization and Safety in Transportation Course, Armored Security Vehicle Training, Combat Lifesaver Course, and the Combatives Trainer Course.

2.  The applicant states:

	a.  He is disabled due to military exposures and combat.

	b.  He served a prior period of honorable service but it was not recorded on his DD Form 214.

	c.  His DD Form 214 is missing awards, education, and unit citations.

	d.  He earned his health care disability compensation and education benefits because he faithfully serve his country and his fellow Soldiers in a time of war.  He also placed the safety of his health and life in harm's way for our country.
	
	e.  He gave it all honorably for over 4 years.

3.  The applicant provides:

* an ARCOM Certificate 
* 3-page Army/American Council on Education Registry Transcript
* 3-page Verification of Military Experience and Training
* 7-page On-Line Summary Report for Security Guards
* 6-page On-Line Summary Report for Heavy and Tractor-Trailer Truck Drivers
* Certificates of Training for the Armored Security Vehicle Training Course, Combat Lifesaver Course, and the Combatives Trainer Course
* two Certificate of Achievement
* a Recognition of Combat Service Certificate 
* documents pertaining to his request for his military records 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 February 2007.  After completing his initial entry training, he was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  

2.  He provided certificates of training that show he attended and completed the:

* Armored Security Vehicle Training Course
(21–26 August 2007 (48 hours))
* Combat Lifesaver Course (24–28 September 2007 (40 hours))
* Combatives Trainer Course (26 May–7 June 2008 (40 hours))

3.  Permanent Orders Number 189-022, issued by the 7th Sustainment Brigade, Tallil, Iraq, awarded him the ARCOM for service during the period 23 July 2007 to 5 October 2008.  The ARCOM certificate he provided shows he was a member of the 603rd Transportation Company during the period he received this award.

4.  He reenlisted on 10 November 2009 for a period of 3 years.  

5.  Permanent Orders Number 019-21, issued by the U.S. Army Human Resources Command (HRC) on 19 January 2010, awarded the Meritorious Unit Commendation to the 603rd Transportation Company for service during the period 13 October 2007 to 6 October 2008.

6.  He was discharged on 7 November 2013 as a result of a court-martial with a bad conduct discharge.  His DD Form 214 shows in:

	a.  Item 13 (Decorations, Medal, Badges Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with "W" Bar

	b.  Item 14 (Military Education), the entry "NONE";

	c.  Item 18 (Remarks), the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."  Item 18 does not show an entry indicating his period of honorable active duty service and does not show his specific period of reenlistment.

7.  His record does not contain evidence that indicates his unit of assignment was awarded the Presidential Unit Citation.

8.  The applicant provided:

	a.  A 3-page Army/American Council on Education Registry Transcript that shows he completed the Hazardous Material Familiarization and Safety in Transportation Course on or around 25 August 2009.  The Defense Ammunition Center, McAlester, OK, web site indicates the course is a web-based course that is approximately 4 hours in length.  

	b.  Two Certificates of Achievement he received on 4 July 2008 and on        13 March 2009, and a Recognition of Combat Service Certificate he received for his service in support of Operation Iraqi Freedom.  

	c.  A 3-page Verification of Military Experience and Training that shows he completed basic combat training and he served in MOS 88M.

	d.  A 7-page On-Line Summary Report for Security Guards and a 6-page On-Line Summary Report for Heavy and Tractor-Trailer Truck that summarizes duty descriptions for security guards and truck drivers.  

	e.  Documents pertaining to his request for his military records, addressed to the 15th Sustainment Brigade, Fort Bliss, TX.

9.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service and states the following:

	a.  For Item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards);

	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.

	c.  For Item 18:

		(1).  The entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is a mandatory entry.  This information assists the State in determining eligibility for unemployment compensation entitlement.    Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service; however, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.  

		(2).  For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates) will be entered.  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, then "CONTINUOUS HONORABLE ACTIVE SERVICE FROM" (first day of service for which DD Form 214 was not issued) Until (date before commencement of current enlistment)" will be entered.  Then, the specific periods of reenlistments as prescribed above.

10.  Army Regulation 600-8-22 states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

11.  Army Regulation 600-8-22 does not identify certificates of achievement as items that are to be recorded on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to reflect his period of honorable service and his omitted awards and military education.

2.  Permanent orders awarded him the ARCOM for service during the period     23 July 2007 to 5 October 2008.  This award is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.  

3.  Permanent orders awarded the 603rd Transportation Company the Meritorious Unit Commendation for service during the applicant's period of assignment to this unit.  This unit award is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.  

4.  The applicant reenlisted on 10 November 2009.  In accordance with the governing regulation, he was not issued a DD Form 214 for this period of honorable service.  The required comments to Item 18 of his DD Form 214 regarding his period of honorable service were omitted.  Therefore, his DD Form 214 should be corrected to show this period of honorable service and to show he completed his first full term of service.

5.  The applicant completed the Armored Security Vehicle Training Course and the Combat Lifesaver Course.  These military courses meet the criteria for being added to his DD Form 214; therefore, his DD Form 214 should be corrected to show them.

6.  There is no evidence that indicates his unit of assignment was awarded the Presidential Unit Citation.  Therefore, there is no basis to add this unit award to his DD Form 214.

7.  There are no provisions in current Army regulations that authorize the recording of certificates of achievement on the DD Form 214.  Therefore, this portion of his request should be denied.  

8.  The applicant completed the Combatives Trainer Course; however, this course is considered a combat skills course.  Since combat skills courses are not added to the DD Form 214, this portion of his request should be denied.  
9.  The applicant completed the Hazardous Material Familiarization and Safety in Transportation Course; however, this course is a web-based course approximately 4 hours in length.  The pertinent regulation provides that only full-time attendance training courses are recorded on the DD Form 214.  Therefore, this portion of his request should be denied.

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.  amending Item 13 of his DD Form 214 by adding the Army Commendation Medal and Meritorious Unit Commendation; 

	b.  amending Item 14 of his DD Form 214 by adding the entries "Armored Security Vehicle Training Course, 1 week, 2007" and " Combat Lifesaver Course, 1 week, 2007";

	c.  	amending Item 18 of his DD Form 214 by deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and adding the entries:

* "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20070215-20091109"
* "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE"
* "IMMEDIATE REENLISTMENT THIS PERIOD: 20091110 – 20131107"

2.  The Board further determined that the evidence presented was 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 his DD Form 214 by adding the Presidential Unit Citation, Certificates of Achievement, Combatives Trainer Course, or the Hazardous Material Familiarization and Safety in Transportation 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)                                         AR20140007814



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ABCMR Record of Proceedings (cont)                                         AR20140007814



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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