ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20190000409 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * North Atlantic Treaty Organization (NATO) Medal * Combat Infantryman Badge * Driver and Mechanic Badge with Driver T-Bar b. block 14 (Military Education) – * Bradley Fighting Vehicle New Equipment Training, 2002 * Battle Command Brigade and Below Operator Course * Infantry Training, 1 February 2001 to 11 May 2001 c. block 18 (Remarks) – service in Iraq from 11 March 2004 to 10 March 2005. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record), dated 5 October 2018 * Army Commendation Medal Certificate for the period 13 March 2004 to 13 March 2005 * Army Achievement Certificate for the period 15 October 2001 to 30 November 2001 * Charlie Detachment, 15th Personnel Services Battalion, Permanent Order 008-021, dated 8 January 2004 * Headquarters, 1st Cavalry Division, Permanent Order Number 22-03, dated 22 January 2004 * Headquarters, 1st Brigade Combat Team, Permanent Orders 114-07, dated 23 April 2004 * Headquarters, 1st Battalion, 12th Cavalry Regiment, Permanent Orders 238-04, dated 27 August 2004 * Army Commendation Medal Certificate for the period 13 March 2004 to 13 March 2005 * DA Form 4187 (Personnel Action), undated * NATO Medal Certificate for the period 31 August 2009 to 16 February 2010 * two Certificate of Training Certificates FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant's records contain sufficient evidence for the ABCMR to administratively correct his records to show award of the following: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * Driver and Mechanic Badge with Driver T-Bar * Combat Infantryman Badge 3. The applicant's service in Iraq is correctly listed on his DD Form 214; therefore, there is no error or injustice. This issue will not be discussed further in these Record of Proceedings. 4. The Board will consider the applicant's request for the following corrections to his DD Form 214: a. block 13, award of the NATO Medal and b. block 14, completion of infantry training, Bradley Fighting Vehicle New Equipment Training, and Battle Command Brigade and Below Operator Course. 5. The applicant enlisted in the Regular Army on 25 January 2001. 6. He completed training and he was awarded military occupational specialty (MOS) 11B (Infantryman). 7. He provided a Certificate of Training showing his successful completion of infantry training at Fort Benning, GA, at the Infantry Training Brigade from 1 February 2001 to 11 May 2001. 8. On 14 June 2005, he was honorably released from active duty. His DD Form 214 shows he completed 4 years, 4 months, and 20 days of net active service and he completed 1 year of foreign service. His DD Form 214 also shows in: a. block 11 (Primary Specialty) – 11B10, Infantryman, 4 years; b. block 12f (Foreign Service) – 1 year c. block 14 – None 9. The applicant provided a copy of his NATO Medal Certificate for service with NATO in relation to the International Security Assistance Force Operation during the period 31 August 2009 to 16 February 2010. This certificate shows the NATO Medal was awarded 4 years after his release from active duty and the award is presented to him as a civilian. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his completion of training, orders in his record, his separation date and his award of the NATO Medal. The Board concurs with the corrections in the Administrative Note(s) below. The Board found that the applicant’s Infantry Training was not recorded in item 14 of his DD Form 214 and that the Force XXI Battle Command Operator Course and the Bradley Fighting Vehicle New Equipment Course should be added as well. The Board found no error in the dates of the applicant’s service in Iraq and found that the applicant’s NATO Medal was issued after this period of active duty. Based on a preponderance of evidence, the Board determined that corrections were required on the applicant’s DD Form 214 as noted above; however, the absence of the NATO Medal was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the corrections stated in the Administrative Note(s) that follow, 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 amending the applicant’s DD Form 214 for the period of service ending 14 June 2005 as follows: add to Item 14 (Military Education) – “Infantry Training, 14 Weeks, 2001”, “Bradley Fighting Vehicle NET, 7 Weeks, 2002” and “Force XXI Battle Command Operator Course, 40 Hours, 2002”. 2. The Board further determined 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 adding the NATO Medal and changing the dates of his Iraq deployment. 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. ADMINISTRATIVE NOTE(S): The applicant's records contains sufficient evidence showing he was awarded or authorized the following decorations not listed on his DD Form 214. His DD Form 214 should be corrected to show in block 13: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * Driver and Mechanic Badge with Driver T-Bar * Combat Infantryman Badge REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The NATO Medal is awarded by the Secretary General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. 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. Instructions stated for: a. block 13, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. b. block 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. ABCMR Record of Proceedings (cont) AR20190000409 6 1