IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20140021346 


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:

* service in support of Operation Iraqi Freedom
* ship duty/sea service (40 days on a vessel)
* award of the –

* Army Achievement Medal (AAM) (7th Award)
* Iraq Campaign Medal (ICM)
* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)

* completion of the –

* Primary Leadership Development Course (PLDC)
* One Station Unit Training (OSUT) for military occupational specialty (MOS) 11B (infantryman)
* OSUT Bradley Fighting Vehicle School
* Team Leader Course

2.  The applicant states:

* he wants these items added to his DD Form 214
* his service in support of Operation Iraqi Freedom is not shown on his DD Form 214

3.  The applicant provides:

* seven AAM Certificates
* Army Commendation Medal (ARCOM) Certificate and orders
* temporary change of station orders, dated 30 January 2003 and 11 February 2003
* DA Form 638 (Recommendation for Award), dated 18 July 2003
* diploma, dated 29 October 1999
* certificate of quality, dated 29 October 1999
* PLDC diploma, dated 21 June 2002
* undated certificate of training

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 6 July 1999 and trained as an infantryman.

3.  He provided:

	a.  a diploma, dated 29 October 1999, for completion of individual infantry training from 26 July 1999 to 29 October 1999;

	b.  a certificate of quality, dated 29 October 1999, for meeting the standards for graduation from Infantry OSUT;

	c.  a certificate of training for completion of the 76-hour OSUT Basic Bradley Transition Course (infantry training) from 1 November 1999 to 11 November 1999; and

	d.  a diploma, dated 21 June 2002, for completion of PLDC from 22 May 2002 through 21 June 2002.

4.  He also provided AAM Certificates indicating the issuing headquarters and periods as follows:

* 1st Battalion, 26th Infantry, Permanent Order (PO) Number 339-30, dated 4 December 2000, for outstanding performance during the period 25 October 2000 to 4 November 2000
* Headquarters, 2d Brigade, 1st Infantry Division, PO Number 018-03, dated 18 January 2001, for meritorious achievement on 8 January 2001
* 1st Battalion, 26th Infantry, PO Number 284-08, dated 11 October 2001, for meritorious service during the period 1 December 1999 to 1 December 2001
* 1st Battalion, 26th Infantry, PO Number 311-01, dated 7 November 2001, for outstanding leadership during the period 2 May 2000 to 28 May 2000
* Headquarters, 1st Brigade, 4th Infantry Division, PO Number 231-07, undated, for meritorious achievement during the period 1 July 2002 to 30 September 2002
* 1st Battalion, 22d Infantry (Mechanized), PO Number 20-18, undated, for meritorious achievement during the period 26 August 2002 to 25 September 2002
* 4th Brigade (Combat Service Support), 104th Division (Institutional Training), PO Number 06-08-01, dated 8 January 2006, for selection as the 4th Brigade Noncommissioned Officer of the Year for Training Year 2006

5.  He provided a DA Form 638 which shows Headquarters, 1st Brigade, 4th Infantry Division, PO Number 242-13, undated, awarded him the ARCOM for meritorious service in support of Operation Iraqi Freedom during the period 24 June 2002 to 30 November 2003.

6.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 4 April 2003 through 6 August 2003.

7.  On 30 November 2003, he was honorably released from active duty.

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

* Army Lapel Button
* AAM (6th Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge

9.  His DD Form 214 also shows in:

* Item 12g (Sea Service) – the entry "0000 00 00" 
* item 14 (Military Education) – completion of the 2-week Small Arms Maintenance Course in 2000
* item 18 (Remarks) – service in Southwest Asia from 1 April 2003 to 5 August 2003

10.  There are no sea duty orders or evidence the applicant served on sea duty in the available records.

11.  There is no evidence of record which shows he completed the Team Leaders Course.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	b.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE, or meet other, specified criteria.

	c.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait and Iraq.

	d.  Service members who qualified for award of the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	e.  The ICM is awarded to members who served in direct support of Operation Iraqi Freedom.  The AOE 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 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)

	f.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the 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 or 60 nonconsecutive days, are authorized award of the GWOTSM.

13.  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 preparation of the DD Form 214.  It stated for:

	a.  item 12g, enter the total amount of sea service completed during the period covered in item 12c (Net Active Service This Period).  Verification is orders stating sea duty is required and proof that the Soldier actually served on that duty.

	b.  item 14, list formal in-service (full-time attendance) training courses of at least 40 hours successfully completed (include title, length in weeks, and month 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.  There is no provision to show ship duty on the DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he was awarded six AAMs.  However, POs show he was awarded seven AAMs.  Therefore, his DD Form 214 should be corrected to show the seventh award of the AAM.
 
2.  Although the applicant contends his service in support of Operation Iraqi Freedom is not shown on his DD Form 214, item 18 of his DD Form 214 shows he served in Southwest Asia from 1 April 2003 to 5 August 2003.

3.  The applicant's contention he served 40 days on a vessel was noted.  However, there are no sea duty orders or evidence he served on sea duty.  Item 12g (Sea Service) of his DD form 214 is blank.  There is insufficient evidence on which to base adding sea service on his DD Form 214.

4.  Based on his service in Kuwait/Iraq from 1 April 2003 to 5 August 2003, he is authorized award of the GWOTEM.  However, upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

5.  He served a qualifying period for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this medal.

6.  The diploma he provided which shows he completed the 4-week PLDC in June 2002 is accepted as sufficient evidence on which to base adding this course item 14 of his DD Form 214.

7.  Since training courses for combat skills are not listed on the DD Form 214, there is no basis for granting his request to show he completed Infantry OSUT (basic and advanced individual training) or the OSUT Basic Bradley Transition Course (infantry training).

8.  Although the applicant requests addition of the Team Leader Course to his DD Form 214, there is no evidence of record and he provided no evidence which shows he completed this course.

9.  Headquarters, 1st Brigade, 4th Infantry Division, PO 242-13 awarded him the ARCOM.  Therefore, his DD Form 214 should be corrected to show this medal.




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 award of the Army Achievement Medal (6th Award) from his DD Form 214;

	b.  adding award of the ARCOM, AAM (7th Award), GWOTEM, and GWOTSM to his DD Form 214; and

	c.  amending item 14 of his DD Form 214 to show he completed the 4-week PDLC in 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 correcting his DD Form 214 to show:

* his service in support of Operation Iraqi Freedom
* ship duty/sea service
* award of the ICM
* completion of Infantry OSUT (MOS 11B), OSUT Basic Bradley Transition Course, or Team Leaders 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)                                         AR20140021346



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ABCMR Record of Proceedings (cont)                                         AR20140021346



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