IN THE CASE OF: BOARD DATE: 21 September 2020 DOCKET NUMBER: AR20200001667 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. award of the: * Army Achievement Medal, 2000 * Army Achievement Medal, 2002 * Army Basic Aviation Badge b. military training for military occupational specialty (MOS) 71L (Administrative Specialist) and 75H (Personnel Services Specialist). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, section 1552) * DA Form 638 (Recommendation for Award), dated 15 September 2000 * DA Form 638, dated 1 May 2002 * DA Form 1059 (Service School Academic Evaluation Report), dated 5 August 2004 * Orders 218-1038, California Army National Guard, dated 5 August 2004 REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual military awards. a. Paragraph 2-18 (Iraq Campaign Medal) states the Iraq Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom from 19 March 2003 through 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all airspaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. One bronze service star is authorized with the Iraq Campaign Medal for participation in each credited campaign. b. Paragraph 8-13 (Army Aviator Badges) states there are three degrees of the aviator badges: Basic Army Aviator Badge (formerly Aircraft Crew Member Badge), Senior Army Aviator Badge, and Master Army Aviator Badge. To be eligible for award of the Basic Aviation Badge, individuals must meet one of the following criteria: (1) successful completion of formal advanced individual training, Aviation warrant officer technician qualification courses, or officer qualification courses; (2) be on flying status or granted a waiver by Headquarters, U.S. Army Human Resources Command, and have performed aerial observer; crewmember, nonrated; or noncrewmember flying duties for not less than 12 months or by logging not less than 48 flight hours; (3) be on flying status or granted a waiver by Headquarters, U.S. Army Human Resources Command, and assigned to a joint service airborne command post while serving as a member of an operational team for no less than 12 months or by logging not less than 48 flight hours; or (4) have been incapacitated from further flight duty by reason of being wounded as a result of enemy action, or injured as the result of an aircraft accident for which he or she was not personally responsible, or have participated in at least 15 combat missions under probable exposure to enemy fire while on flying status. 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 or control of the Active Army. 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. Paragraph 2-4 (Completing the DD Form 214) provided detailed instructions and source document(s) for completing each block of the DD Form 214 and stated for: * item 11 (Primary Specialty) – enter the titles of all MOSs served for at least 1 year from the Enlisted Record Brief and include the number of years and months served for each MOS * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – 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 record * item 14 (Military Education) – list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 from the Enlisted Record Brief FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 states her DD Form 214 does not accurately reflect her awards or depict her service in the military. 3. She enlisted in the Army National Guard on 11 December 1995. 4. Headquarters, U.S. Army Training Center and Fort Jackson, Orders 255-265, dated 11 September 1996, awarded her primary MOS 71L1O upon successful completion of the 71L Course. 5. On 3 October 1996, she was released from active duty for training. Her DD Form 214 for this period shows her primary specialty as 71L1O. 6. Her DA Forms 1059, dated 12 August 2000 and 26 August 2000, show she completed Phase I and Phase II of the 75H1O Personal Services Specialist Course. 7. Detachment 5, State Area Command, California Army National Guard, Permanent Order Number 287-15, dated on or about 2 October 2000, awarded her the Army Achievement Medal for meritorious achievement during the period 26 March 2000 through 30 September 2000. 8. 640th Military Intelligence Battalion, California Army National Guard, Permanent Order Number 08-122, dated 2 May 2002, awarded her the Army Achievement Medal for meritorious achievement during the period 17 January 2002 through 2 February 2002. 9. The U.S. Army Intelligence Center and Fort Huachuca, dated 23 May, awarded her primary MOS 33W2O (Military Intelligence System Maintainer), secondary MOS 75H2O, and additional MOS 71L2O effective 26 February 2004 or upon completion of MOS training. 10. The DA Form 1059, dated 5 August 2004, shows she completed the Shadow Unmanned Aerial Vehicle Electrical Maintainer Specialist Course from 1 June 2004 through 5 August 2004. Her MOS is shown as 33W2O. 11. California Army National Guard Orders 218-1038, dated 5 August 2004, promoted her to the rank/grade of staff sergeant/E-6 and awarded her primary MOS 33W3O, secondary MOS 71L3O, and additional MOS 75H3O effective 1 June 2004. 12. She was ordered to active duty in support of Operation Iraqi Freedom effective 6 August 2004. She was released from active duty on 29 November 2005. Her DD Form 214 for this period shows in: * item 11 (Primary Specialty) – 33W3O Military Intelligence System Maintainer/ Integrator – 1 year and 4 months * item 12c (Net Active Service This Period) – 1 year, 3 months, and 24 days * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Iraq Campaign Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon * item 18 (Remarks) – * Ordered to Active Duty in Support of Operation Iraqi Freedom * Soldier Served in an Imminent Danger Area in Iraq from 24 October 2004 through 18 October 2005 13. Her military records contain no evidence showing she met the requirements for award of the Basic Army Aviator Badge. BOARD DISCUSSION: 1. After review of the application and all supporting evidence, in consideration of the corrections noted in the Administrative Notes (below the signature block), the Board found that partial relief was warranted. 2. Per Administrative Notes, there is sufficient evidence to add AAM, 2nd award. 3. However, the Board found insufficient evidence that the applicant was authorized award of the Basic Aviation Badge. The applicant did not provide and her record is void of evidence indicating that she held the requisite aviation MOS. 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: Based on the Administrative Notes annotated by the Analyst of Record (below the signature), the Board determined the overall merits of this case are sufficient to grant partial relief. 1. The Board recommends granting the corrections noted in Administrative Notes. 2. The Board recommends denial of the request for award of the Basic Aviation Badge. 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 was awarded or authorized the following awards that are not shown on her DD Form 214: * Army Achievement Medal (2nd Award) * one bronze service star with her already-awarded Iraq Campaign Medal //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001667 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1