IN THE CASE OF:	  

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140008078 


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 award of the:

* Army Achievement Medal (2nd Award)
* Iraq Campaign Medal
* Armed Forces Reserve Medal with "M" Device
* Overseas Service Ribbon with numeral "2"
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Air Assault Badge
* Presidential Unit Citation
* Meritorious Unit Commendation with oak leaf cluster
* Service Stripe
* Combat Service Identification Badge
* Expert Marksmanship Qualification Badge with Machine Gun Bar (XM214)

2.  He further requests correction of item 14 (Military Training) of his DD Form 214 to show:

* Combat Lifesaver Course, 40 hours, May 2000
* Air Assault Course, February 2002
* Bus Training Class, 8 hours, January 2003

3.  The applicant states he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (XM214) at his last duty station.  He discovered the errors on his DD Form 214 while creating a shadow box and scrapbook representative of his service.

4.  The applicant provides:

* a self-authored statement
* 2 DD Forms 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Air Assault Certificate
* 2 DA Forms 4980-18 (Army Achievement Medal Certificate)
* 5 DA Forms 638 (Recommendation for Award)
* a memorandum
* 2 DA Forms 4980-14 (Army Commendation Medal Certificate)
* DA Form 4950 (Good Conduct Medal Certificate)
* Permanent Orders 182-045
* 4 Certificates of Training
* NGB Form 55 (Honorable Discharge)

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 25 August 1999.  He completed training and he was awarded military occupational specialty 88M (Motor Transport Operator).  Evidence shows he served in Kuwait/Iraq from 28 February to 20 September 2003, a period of 6 months and 24 days while assigned to the 801st Main Support Battalion. 

3.  On 20 December 2003, the applicant was honorably released from active duty upon completion of required active service and transferred to the 201st Field Artillery, West Virginia Army National Guard (WVARNG).  The DD Form 214 he was issued shows he was awarded the:
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Overseas Service Bar
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Item 14 of his DD Form 214 shows he completed a 6-week Motor Transport Operator course in December 1999.

5.  His records contain an NGB Form 22 for the period 21 December 2003 to       18 October 2004.  This form shows he was honorably discharged from the WVARNG due to being medically unfit for retention.  This form further shows he was awarded the:

* Army Service Ribbon
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* National Defense Service Medal
* Oversea Service Ribbon with Bar
* Armed Forces Reserve Medal with "M" Device

6.  There is no evidence in the applicant's records and the applicant provides no evidence to support his contention that he received the Expert Marksmanship Qualification Badge with Machine Gun Bar (XM214) at his last duty station.

7.  A search of the U.S. Army Human Resources Command Awards and Decorations Branch website for unit awards pertaining to the 801st Main Support Battalion did not yield any.  

8.  Permanent Orders 052-229, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, dated 21 February 2002, award him the Air Assault Badge effective 6 February 2002.

9.  The applicant provides:

   a.  Certificate of Training, issued by 18th Medical Command, Seoul, Republic of Korea, dated 5 May 2000, which shows he successfully completed a 40-hour Combat Lifesaver Course.
   b.  DA Form 638, DA Form 4980-18, and an Assumption of Command memorandum pertaining to award of the Army Achievement Medal for the period 24 January 1999 to 22 January 2001, while assigned to the 25th Transportation Battalion, Republic of Korea; however, the documentation fails to announce the award by permanent orders.
   
   c.  Permanent Orders Number 298-10, issued by Headquarters, 801st Main Support Battalion, 101st Airborne Division, Fort Campbell, KY, dated 25 October 2001, which award him the Army Achievement Medal.
   
   d.  Certificate of Training, issued by the Motor Officer, Fort Campbell, KY, dated 8 January 2003, which shows he successfully completed an 8-hour Bus Training Class.

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

	a.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after   1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)
   d.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served   30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

   e.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.
	
   f.  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.

   g.  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.

	h.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least          6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations. 

   i.  A qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

	j.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

11.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  However, information received from the Army G-1 allows for short tour credit to those Soldiers who serve a combat deployment/operational deployment (non-combat) tour for 9 months or   8 months and 16 days or more.  Therefore, the Overseas Service Ribbon may be granted if the applicant served at least 8 months and 16 days on his/her tour.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  

   a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.

   b.  For item 14, from the Enlisted Record Brief, 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.  There are no provisions for listing courses of less than 1 week in duration. 

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.  

14.  Army Regulation 670-1 states enlisted personnel may wear one service stripe for each three years of honorable active Federal service; however, there are no regulatory provisions which allow this insignia to be listed on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Air Assault Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  Permanent orders award him the Army Achievement Medal and this medal should be entered on his DD Form 214; however, the additional documentation supplied by the applicant to justify award of a second Army Achievement Medal fails to show the award was issued a permanent order number.  Therefore, it is deemed insufficient to support adding award of a second Army Achievement Medal to his DD Form 214.

3.  Evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant deployed to Kuwait/Iraq for the period 28 February to              20 September 2003.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.

5.  The applicant served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  Evidence shows the applicant served in support of the Global War on Terrorism in a designated AOE for award of the Global War on Terrorism Expeditionary Medal; however, he did not serve the requisite number of  consecutive or nonconsecutive days in the AOE.  Therefore, he is not entitled to award of the Global War on Terrorism Expeditionary Medal.

7.  With regard to placing the Armed Forces Reserve Medal with "M" Device on the applicant's DD Form 214, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The applicant served on active duty from 25 August 1999 to 20 December 2003.  He was subsequently transferred to the WVARNG.  Upon his discharge from the WVARNG, he was issued an NGB  Form 22 which lists the Armed Forces Reserve Medal with "M" Device.  Therefore, he is not entitled to list the Armed Forces Reserve Medal with "M" Device on his DD Form 214.

8.  Service stripes and combat patches are items of clothing.  They are not an award or decoration; therefore, they are not authorized for entry on the DD Form 214.

9.  His record is void of any evidence and he has not provided any evidence which shows he qualified with or was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (XM214) at any point in time.  In the absence of evidence to the contrary there is no basis for granting the requested relief.

10.  The evidence of record shows the applicant completed a period of service in Iraq from 28 February through 20 September 2003, a period of only 6 months and 24 days.  As such, he is not entitled to award of the Overseas Service Ribbon with numeral "2."

11.  Evidence shows he successfully completed a 40-hour Combat Lifesaver Course in May 2000.  Evidence further show he successfully completed Air Assault School in February 2002; therefore, he is entitled to correction of his        DD Form 214 to show this training.  

12.  The applicant completed an 8-hour Bus Training Class; however, because the course was less than a week in duration, it should not be listed on his         DD Form 214.

13.  A search of the U.S. Army Human Resources Command Awards and Decorations Branch website for unit awards pertaining to the applicant's unit in Kuwait/Iraq failed to yield any unit awards or decorations during the period he was assigned to this unit.  As such, there is insufficient evidence to add a Presidential Unit Citation or Meritorious Unit Commendation to his DD Form 214.  

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 following to his DD Form 214:

* Air Assault Badge
* Army Achievement Medal
* Korea Defense Service Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Combat Lifesaver Course, 1 week, May 2000
* Air Assault School, 2 weeks, February 2002

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:

* Army Achievement Medal (2nd Award)
* Armed Forces Reserve Medal with "M" Device
* Global War on Terrorism Expeditionary Medal
* Service Stripe and Combat Identification Badge
* Expert Marksmanship Qualification Badge with Machine Gun Bar (XM214)
* Overseas Service Ribbon with numeral "2"
* 8-hour Bus Training Class
* Presidential Unit Citation
* Meritorious Unit Commendation with oak leaf cluster




      _______ _   __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)                                         AR20140008078





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ABCMR Record of Proceedings (cont)                                         AR20140008078



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