IN THE CASE OF:  	  

		BOARD DATE:  10 February 2015	  

		DOCKET NUMBER:  AR20140010483 


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 his complete record of service, including the period of his honorable service and all of his authorized awards.

2.  The applicant states his DD Form 214 does not show that he reenlisted in the Regular Army on (RA) on 29 March 2005 nor does it show that he was awarded the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), Combat Medical Badge (CMB), or Driver and Mechanic Badge with Driver "W" (Wheeled Vehicles) Bar.

3.  The applicant provides copies of his –

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 29 March 2005 (page 1)
* two DA Forms 638 (Recommendations for Award), dated 28 August 2004 and 31 May 2005
* three permanent orders (POs)
* his 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.  A DD Form 4 shows the applicant enlisted in the U.S. Army Reserve on 
13 December 2001 for a period of 8 years and that he further enlisted in the RA on 31 January 2002 for a period of 4 years.  Upon completion of training, he was awarded military occupational specialty (MOS) 68W (Health Care Specialist).

3.  His Enlisted Record Brief, dated 3 October 2006, shows in –

* Section I (Assignment Information) –

* Overseas/Deployment Combat Duty, he arrived in Germany on
10 September 2002
* Flag Data:

* Start Date:  12 May 2005
* Start Date:  8 June 2005, Expiration Date:  1 May 2006

* Section III (Service Data):  ETS (Expiration Term of Service):  4 April 2010
* Section VIII (Awards and Decorations) –

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Driver and Mechanic Badge

* Section IX (Assignment Information), he was assigned to Headquarters and Headquarters Troop (HHT), 1st Squadron, 4th Armored Cavalry, on
10 September 2002

4.  A DA Form 5121-R (Overseas Tour Election Statement), dated 10 September 2002, shows the applicant elected to serve an overseas tour in Germany in an "all others" status for a period of 24 months.


5.  A review of the applicant's military personnel record revealed the following award documents:

   a.  DA Form 638, dated 28 August 2004, that shows the applicant was recommended for award of the Bronze Star Medal for meritorious service during Operation Iraqi Freedom (OIF) while serving as a combat medic from 16 March 2004 to 21 February 2005.  It also shows that the squadron commander recommended downgrade to the ARCOM, the division commander approved award of the ARCOM, and Headquarters, 1st Infantry Division (Forward), Permanent Order (PO) Number 353-09, dated 18 December 2004, announced the award of the ARCOM.

   b.  Headquarters, 1st Infantry Division, Forward Operating Base Danger, Tikrit, Iraq, PO Number 031-18, dated 31 January 2005, that awarded the applicant the CMB for participation in combat operations under enemy hostile fire to liberate Iraq in support of OIF on 26 March 2004.

6.  A review of the applicant's military personnel record failed to reveal a copy of a DD Form 4 showing he reenlisted in the RA.

7.  Headquarters, 7th Army Joint Multinational Training Command, General Court-Martial Order Number 13, dated 18 October 2006, promulgated the applicant's sentence (that was adjudged on 5 April 2006) of reduction to the grade of private (E-1), forfeiture of all pay and allowances, confinement for 
24 months, and a bad conduct discharge.

8.  Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, General Court-Martial Order Number 74, dated 26 March 2009, confirmed the applicant's court-martial sentence was affirmed.  The provisions of Article 71(c) having been complied with, that portion of the sentence pertaining to a bad conduct discharge was ordered duly executed.

9.  A DD Form 214 shows the applicant entered active duty this period on 
31 January 2002 and that he was separated on 24 July 2009 with a bad conduct discharge.  He was credited with 5 years, 11 months, and 6 days of net active service this period.  He had time lost due to confinement from 5 April 2006 to 
22 October 2007.  It also shows in –

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the –

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge – Mechanic

* item 18 (Remarks) –

* Block 6, Period of Delayed Entry Program:  20011213–20020130
* Service in Germany:  20020910 – 20061002
* Excess Leave (Creditable for All Purposes Except Pay and Allowances)---641 Days:  20071023 – 20090724
* Member Has Not Completed First Full Term of Service

10.  In support of his request the applicant provides the following documents.

   a.  Page 1 of a DD Form 4 that shows the applicant reenlisted in the RA on 
29 March 2005 for a period of 5 years and that it was his first reenlistment.

   b.  DA Form 638, dated 28 August 2004, that shows, in pertinent part, Headquarters, 1st Infantry Division (Forward), PO Number 353-09, dated 
18 December 2004, awarded the applicant the ARCOM.

   c.  DA Form 638, dated 31 May 2005, that shows the applicant was recommended for award of the ARCOM for meritorious service while serving as a combat medic from 17 September 2002 to 31 May 2005.  It also shows, on
10 May 2005, the ward approval authority (i.e., Colonel R____ A. D____, Commander, 2nd Brigade, 4th Cavalry Regiment) downgraded the recommended award and approved award of the AAM.  The DA Form 638 is absent information in Part V (Orders Data).

   d.  Headquarters, 1st Squadron, 4th U.S. Cavalry, 1st Infantry Division (Mechanized), PO Number 347-19, dated 13 December 2005, that awarded the applicant the Driver and Mechanic Badge with "T" (Tracked Vehicles) Bar for
12 consecutive accident-free months during the period 16 February 2004 to 
16 February 2005.

   e.  Multi–National Force – Iraq, PO Number 104-031, dated 14 April 2005, that awarded the 1st Squadron, 4th U.S. Cavalry, 1st Infantry Division (Mechanized), the Valorous Unit Award for extraordinary heroism while engaged in military operations in Iraq from 11 February 2004 to 10 February 2005.

11.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion from 7 February 2004 through 8 March 2005 for Kuwait/Iraq.

12.  A further review of the applicant's military personnel record failed to reveal any evidence that he was awarded the AAM or the Driver and Mechanic Badge with "W" (Wheeled Vehicles) Bar.  However, this review revealed he may be entitled to an additional award that is not shown on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the U.S. Army Human Resources Command, Awards and Decorations 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.

   b.  The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Component bars are authorized to be worn on the badge only for the following types of vehicles and/or qualifications –

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

	c.  The AAM is awarded to members of the Armed Forces of the United States who, while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  The approval authority is any commander in the rank of lieutenant colonel or above.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.


14.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the military personnel record.

	b.  Paragraph 2-1 states a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.

	c.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  It states item 18 is used for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also shows, in pertinent part:

    	(1)  Mandatory entry:  "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE."  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 the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)."

		(3)  However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)."

    	(4)  For an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his complete record of service, including the period of his honorable service and all of his authorized awards.

2.  The evidence of record shows the applicant enlisted in the RA on 31 January 2002 for a period of 4 years.  This established his ETS date as 30 January 2006.

   a.  His military personnel record is absent a DD Form 4 showing he reenlisted in the RA.  However, the applicant provides a copy of page 1 of a DD Form 4 that shows he reenlisted in the RA on 29 March 2005 for a period of 5 years and that it was his first reenlistment.  This would establish his ETS date as 28 March 2010.

   b.  His Enlisted Record Brief, dated 3 October 2006, shows a Flag was initiated on 12 May 2005 and also on 8 June 2005.  His ERB shows an ETS date of 4 April 2010, which indicates his new ETS (28 March 2010) may have been adjusted for 7 days of time lost.

   c.  Thus, in view of the available evidence of record, it is concluded that the applicant had two separate periods of enlistment in the RA during the period of service under review, as follows –

* enlisted on 31 January 2002 – honorably discharged on 28 March 2005
* reenlisted on 29 March 2005 – separated with a bad conduct discharge on 24 July 2009

3.  The governing regulation states a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA.

   a.  The evidence of record also shows that for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, an entry will be made in item 18 showing the period of their continuous honorable active service up until the date before commencement of the current enlistment.
   
	b.  Item 18 of the applicant's DD Form 214 does not contain such an entry.

	c.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show his continuous period of honorable active service.

4.  The evidence of record shows the applicant served overseas in Germany and he completed the period of his 24-month "all others" tour of duty.  It also shows he deployed with his unit and he received HFP/IDP for his service in support of OIF from 7 February 2004 through 8 March 2005.  Thus, this deployment should be shown in item 18 of his DD Form 214 and he should be authorized award of the Overseas Service Ribbon (2nd Award).

5.  The evidence of record also shows:

   a.  POs awarded the applicant the –

* ARCOM for meritorious service during OIF from 16 March 2004 to 
21 February 2005
* CMB for participation in combat operations on 26 March 2004
* Driver and Mechanic Badge with "T" (Tracked Vehicles) Bar for the period 16 February 2004 to 16 February 2005

   b.  POs awarded the applicant's unit the Valorous Unit Award for the period from 11 February 2004 to 10 February 2005.

6.  The evidence of record shows the applicant was recommended for award of the ARCOM for meritorious service from 17 September 2002 to 31 May 2005.  It also shows the award approval authority downgraded the recommended award and approved award of the AAM; however, the orders portion of the
DA Form 638 that the applicant provides is not completed.

   a.  A Flag was initiated against the applicant on 12 May 2005 (prior to the through date on the award recommendation).  Thus, it is reasonable to conclude that the DA Form 638 was not processed to completion based on the suspension of favorable personnel actions being in effect.

   b.  There is no evidence of record that shows the Flag was removed favorably or that an award of the AAM was announced in orders.

   c.  Therefore, there is an insufficient evidentiary basis to correct the applicant's records to show award of the AAM. 

7.  There is no evidence of record and the applicant provides insufficient evidence to show he was awarded the Driver and Mechanic Badge with "W" (Wheeled Vehicles) Bar.  Thus, he is not entitled to correction of his records to show the Driver and Mechanic Badge with Driver "W" (Wheeled Vehicles) Bar.

8.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

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 to item 13 of his DD Form 214 the –

* Army Commendation Medal
* Overseas Service Ribbon (2nd Award)
* Valorous Unit Award
* Combat Medical Badge 
* Driver and Mechanic Badge with Driver "T" (Tracked Vehicles) Bar

* deleting from item 18 of his DD Form 214 the entry –

* "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE"

* adding the following entries to item 18 of his DD Form 214 –

* "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE"
* "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 20020131 UNTIL 20050328"
* "SERVICE IN KUWAIT/IRAQ 20040207-20050308"


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 the Army Achievement Medal and the Driver and Mechanic Badge with Driver "W" (Wheeled Vehicles) Bar.




      _______ _   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)                                         AR20140010483



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ABCMR Record of Proceedings (cont)                                         AR20140010483



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