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		IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140008916 


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 in:

   a.  Item 11 (Primary Specialty) – that he held the following primary military occupational specialties (PMOS) for the periods shown totaling 29 years of service:

* 11B (Infantryman) – 13 years
* 42A (Human Resource Specialist) – 12 years
* 35M (Human Intelligence Collector) – 4 years

b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – that he earned the following awards:

* Iraqi Campaign Medal (ICM)
* Meritorious Service Medal (MSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)

c.  Item 18 (Remarks) – to reflect his service in Iraq.

2.  The applicant states that he scanned his DD Form 214 at the time of his discharge and only confirmed his name, social security number (SSN), and characterization of service.  He provided a copy of his Enlisted Record Brief (ERB) beforehand and was assured everything would be recorded on his DD Form 214.

3.  The applicant provides the following documents in support of his request:

* DD Form 214
* MSM Certificate
* DA Form 638 (Recommendation for Award)

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the New York Army National Guard (NYARNG) on 27 September 1984.  On 8 July 1985, he was ordered to active duty training (ADT) and upon successful completion thereof, he was awarded MOS 11B on 10 October 1985.

2.  Also on 10 October 1985, the applicant was released from active duty to the NYARNG.  The DD Form 214 shows he completed 3 months and 3 days of creditable active duty service.

3.  On 1 April 1990, the applicant was discharged from the NYARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  On 31 July 1994, he entered active duty as a member of the USAR.

4.  U.S. Soldier Support Center, Orders Number 312-00236, dated 8 November 1994, announced his award of PMOS 75C (Personnel Management Specialist) effective on 16 December 1994.  This MOS was later converted and is currently known as MOS 42A (Human Resource Specialist).

5.  His official military personnel file (OMPF) contains:

   a.  a Bronze Star Medal (BSM) certificate dated 9 July 2005, awarded him for exceptionally meritorious service during Operation Iraqi Freedom for the period 19 September 2004 through 16 September 2005;
   
   b.  a DA Form 1059 (Service School Academic Evaluation Report) dated 1 October 2009, showing he successfully completed the 35M MOS training course on 1 October 2009;
   
   c.  four DA Forms 2166-8 (NCO Evaluation Report) evaluating him in PMOS "35M" from 2 November 2009 through 27 March 2013; and

   d.  an MSM certificate awarded him for meritorious service during the period 24 September 2004 to 23 September 2013.
   
6.  The applicant's ERB shows he separately completed 12 months service in Iraq and Kuwait, both beginning in September 2005 under "Overseas Assignment Data-Overseas Duty."  It also lists the ICM and GWOTEM under the Awards and Decorations portion of this document.

7.  On 30 November 2013, the applicant retired from active duty having completed a total of 20 years, 2 months, and 8 days of creditable active duty service.  His DD Form 214 shows in:

   a.  item 11 – he held the following MOSs for the periods indicated:

* 35M  – 4 years
* 42A  – 19 years and 2 months
* 11B  – 19 years and 4 months

b.  Item 13 – no listing for the ICM or GWOTEM; and

c.  Item 18 – includes the entry "SERVICE IN KUWAIT 20040830-20050909."

8.  On 12 March 2015, a staff member of the ABCMR contacted the applicant to inform him:

   a.  In accordance with Army Regulation 600-8-22 (Military Awards), he is only entitled to the ICM or GWOTEM as no Soldier may receive both awards for the same act, achievement or period of service.  He stated he believed he was entitled to both awards and that both are listed on his ERB; however, if he desired for award of the ICM given he was not authorized both awards.  As a result, the GWOTEM will not be discussed further in these proceedings.

   b.  The information contained in item 11 of his DD Form 214 could only reflect the MOSs he held for the current period of service and that correcting this entry would show he held certain MOS(s) for a period less than currently shown on the DD Form 214.  The applicant stated now that he is retired from the Army, changing item 11 of his DD Form 214 is not important and can remain as is.

9.  Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in the Iraqi Governance campaign (29 June 2004-15 December 2005).

10.  Army Regulation 635-5 (Separation Documents) prescribes the transition processing function of the military personnel system.

   a.  This regulation provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
   
   b.  It states to enter in item 11 to enter the titles of all MOSs awarded and held for at least 1 year during the current period of service and include for each MOS, the number of years and months held.  For time determinations, 16 or more days counts as a month.  Do not count time in training (basic training, advanced individual training, Basic Officer's Leader Course, or MOS-producing school).  Primary MOS is awarded by Service school completion or by publication of orders awarding the MOS.
   
   c.  It states item 18 will include an entry that specifies for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 13 and 18 his DD Form 214 should be corrected.  There is sufficient evidence to support granting this claim.

2.  The evidence of record confirms the applicant served in direct support of OIF from 19 September 2004 through 16 September 2005 in both Kuwait and Iraq, as shown on his ERB and BSM certificate.  His OMPF also confirms he was awarded the MSM and that this award was announced in official orders.  Therefore, based on his service in support of OIF and his MSM award, his 
DD Form 214 should now be corrected by:

   a.  adding to item 13 of his DD From 214 the ICM with one bronze service star and the MSM; and
   
   b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20040830 to 20050909."
BOARD VOTE:

___x_____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the Meritorious Service Medal and Iraq Campaign Medal with a bronze service star to item 13 of his DD Form 214 for the period ending 30 November 2013;

	b.  deleting the entry "SERVICE IN KUWAIT 20040830 – 20050909" from item 18 of his DD Form 214 for the period ending 30 November 2013 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20040830 – 20050909"; and

	c.  issuing the applicant a corrected document to reflect these corrections.



      _______ _   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)                                         AR20140008916





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ABCMR Record of Proceedings (cont)                                         AR20140008916



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