IN THE CASE OF: BOARD DATE: 22 May 2012 DOCKET NUMBER: AR20110019841 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 the following items of his 1 January 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty): a. Item 6 (Reserve Obligation Termination Date); b. Item 12d (Total Prior Active Service); c. Item 12e (Total Prior Inactive Service); d. Item 12f (Foreign Service); e. 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized); and f. Item 14 (Military Education) 2. The applicant states the items of the DD Form 214 are incorrect as a result of administrative error on the part of the in/out processing section at Fort Riley, Kansas. 3. The applicant provides the 27 exhibits identified as A (AA-AD) through Z, minus M and T identified in the supporting documents section of his application in support of his request. CONSIDERATION OF EVIDENCE: 1. The records shows the applicant enlisted in the United States Army Reserve (USAR) for 8 years, in the grade of private/E-1 on 19 May 1998. 2. On 9 July 1999, the applicant entered active duty to attend the United States Military Academy (USMA) Preparatory School. He served for 11 months and 20 days until 28 May 2000, at which time he was honorably released from active duty to enter the USMA. The DD Form 214 he was issued at the time showed reserve obligation termination date of 18 May 2006 in item 6. It also shows he completed 11 months and 20 days of active military service during the period in item 12c (Net Active Service This Period). Item 12d showed he completed 5 months and 3 days of prior active military service and item 12e showed he completed 8 months and 17 days of prior inactive military service. 3. On 29 May 2004, the applicant was commissioned a second lieutenant (2LT) in the USAR, and entered active duty in that status. He was promoted to first lieutenant (1LT) on 29 November 2005, and to captain (CPT) on 1 July 2007. 4. The applicant’s Officer Records Brief (ORB) which was prepared on 4 June 2009 lists no overseas service, deployments, or combat service in Section I (Assignment Information). Section III (Service Data) shows his Basic Active Service Date (BASD) as 16 January 2003, his Basic Date of Appointment as 29 May 2004, and the Obligated Volunteer Service (OBV) termination date as 1 May 2009. 5. Section VI (Military Education) shows he completed the following courses in the years indicated: * Mechanized Infantry Course, 2005 * Ranger Course, 2005 * Infantry Officer Basic Course, 2004 * Airborne Course, 2002 6. Section VII (Awards and Decorations) of the ORB shows he earned the following awards: * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Parachutist Badge * Ranger Tab 7. Section IX (Assignment Information) of the ORB shows the applicant was assigned to Afghanistan on 11 November 2008. His record also contains a change of rater Officer Evaluation Report (OER) covering the period 1 July through 10 October 2009 that shows he was evaluated as a Police Mentor Team (PMT) Company Mentor S-2 Officer assigned to a PMT Farah, Farah Province, Afghanistan. 8. On 1 January 2010, the applicant was honorably discharged under the provisions of paragraph 3-5, Army Regulation 600-8-24 (Personnel Separations), by reason of miscellaneous/general reasons. The DD Form 214 he was issued at the time contains the date 28 May 2012 in item 6. Items 12d and 12e list no prior active or inactive military service. Item 12f shows no overseas service during the period covered by the DD Form 214 (29 May 2004-1 January 2010). Item 13 includes no service awards for Afghanistan and item 18 contains no entry for deployed service. Item 14 shows completion of the following courses in the year indicated: * Airborne Course, 2002 * Infantry Officer Basic Course, 2004 * Mechanized Infantry Officer, 2005 * Ranger Course, 2005 9. The applicant provides a DA Form 1506, dated 26 September 2005 which shows he completed a total of 1 year, 4 months, and 23 days of active duty service between 16 September 1998 and 28 June 2000. It also shows he completed 4 months and 20 days of prior inactive service between 19 February and 8 July 1999. 10. The applicant also provides the following awards documents and orders indicating he was awarded the Combat Infantryman Badge (CIB) for active ground combat on 11 June 2009 in Afghanistan; the Bronze Star Medal (BSM) for meritorious service in Afghanistan from 13 November 2008 through 10 October 2009; the North Atlantic Treaty Organization (NATO) Medal for service in Afghanistan from November 2008 through November 2009: a. Headquarters, Combined Joint Task Force-Phoenix, Kabul Afghanistan Permanent Order Number (#) 182-020, dated 1 July 2009, and associated documents awarding the CIB; b. Certificate, dated 20 September 2009, with award citation and narrative, awarding the BSM for meritorious service in Afghanistan for the period 13 November 2008 to 10 October 2009 in PO # 263-933; c. NATO Certificate awarding the NATO Medal for service with NATO operations in Afghanistan from November 2008 to November 2009; d. DA Form 638 (Recommendation for Award), Page 1 Undated, recommending award of the Army Commendation Medal (ARCOM); e. 20 hour Counterinsurgency ETT/VTT course completion certificate; f. Training Certificate for District Assessment Reform Team training during the period 2 through 7 May 2009; and g. 1st Infantry Division, Military Transition Training Class #55 during the period 30 August to 30 October 2008; 11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for the items in question are as follows: a. Item 6 - enter the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces. For a Soldier discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, enter "00 00 00." Soldiers within 90 days of their MSO termination date at separation are considered to have completed their MSO; b. Item 12d – enter the total amount of prior active military service less lost time, if any, from previously issued DD Forms 214; c. Item 12e - enter the total amount of prior inactive service, less lost time, if any from previously issued DD Forms 214 and/or Enlisted Records Brief/Officer Records Brief (ERB/ORB). Delayed Entry Program (DEP) time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable service for completing the statutory MSO, and will be entered in block 18. d. Item 12f - enter the total amount of foreign service completed during the period covered in block 12c from the ERB/ORB; e. Item 13 - list awards and decorations for all periods of service in the priority sequence listed in the awards regulation. Each entry will be verified by the Soldier's records; and f. Item 14 - list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 from the ERB/ORB. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. g. Item 18 (Remarks) - for active duty Soldiers deployed with their units during the period covered by the DD Form 214 the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be added to item 18. 12. Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-16 contains guidance on the Afghanistan Campaign Medal (ACM). It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Afghanistan completed between 24 October 2001 to a future date to be determined. A bronze service star is authorized for wear with this award for each campaign a member is credited with participating in while serving in Afghanistan. Table B-1 contains a list of campaigns and shows that during the applicant’s tenure of assignment, participation credit was granted for the Consolidation II (1 October 2006-30 November 2009) campaign. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request to correct items 6, 12d, 12e, 12f, 13, and 14 of his 1 January 2010 DD Form 214 has been carefully considered and found to have partial merit. 2. In regard to item 6, the record shows the applicant had completed his reserve obligation at the time of his 1 January 2010 separation. By regulation, the entry "00 00 00” will be added to item 6 for members who have an expired MSO. Therefore, it would be appropriate to correct item 6 accordingly. 3. In regard to item 12d, the evidence of record confirms the applicant had 1 year, 4 months, and 23 days of prior active duty service prior to his last period of active duty service. Therefore, item 12d should be corrected to reflect this total prior active duty service. 4. In regard to item 12e, the record shows the applicant completed 4 months and 20 days of prior inactive service prior to the period covered by the 1 January 2010 DD Form 214. As a result, item 12e should be corrected to reflect this total. 5. In regard to item 12f, the record confirms the applicant served in Afghanistan for 11 months between 11 November 2008 and 10 October 2009, as evidenced by Section IX of the ORB and an OER in the record. Therefore, it would be appropriate to correct item 12f accordingly. Further, this Afghanistan service should be documented in item 18 of the DD Form 214. 6. In regard to item 13, it is clear the applicant is eligible for the ACM with 1 bronze service star based on his Afghanistan service and campaign participation. Further, the award documents he provides confirms award of the BSM, CIB and NATO Medal based on this combat service. Therefore, it would be appropriate to add these awards to item 13. However, the page 1 DA Form 638 he provides does not contain sufficient information to support adding the ARCOM. 7. In regard to item 14, it appears the formal military courses accounted for on the applicant's ORB are properly documented in this item. The documents provided by the applicant fail to confirm the courses not listed were formal in-service (full-time attendance) training courses not directly related to combat duties. The documents would appear to represent completion of local courses necessary for performance of specific duties assigned at the locations where the courses were completed. As a result, there is insufficient evidence to support amendment of item 14 of the 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 amending his DD Form 214 as follows: a. Item 6 - delete the current entry and replace it with the entry "0000 00 00"; b. Item 12d - delete the current entry and replace it with the entry "0001 04 23"; c. Item 12e - delete the current entry and replace it with the entry "0000 04 20"; d. Item 12f - delete the current entry and replace it with the entry "0000 11 00"; e. Item 13 - add the Bronze Star Medal, North Atlantic Treaty Organization Medal, Afghanistan Campaign Medal with 1 bronze service star, and Combat Infantryman Badge; f. Item 18 - add the entry 'SERVICE IN AFGHANISTAN FROM 20081111-20091010"; 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 correction of item 14 of the DD Form 214 and of the addition of the ARCOM, or any other further amendment of the items in question. _______ _ 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) AR20110019841 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110019841 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1