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ARMY | BCMR | CY2003 | 2003090474C070212
Original file (2003090474C070212.rtf) Auto-classification: Approved




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: JANUARY 27, 2004
         DOCKET NUMBER: AR2003090474


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Luis Almodova Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Ms. Yolanda Maldonado Member
Ms. Lester Echols Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that the Combat Infantryman Badge be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2. The applicant states, in effect, that the Combat Infantryman Badge was not included on his DD Form 214.

3. The applicant provides a copy of Permanent Orders 305-04, prepared by Headquarters, 1st Battalion, 75th Ranger Regiment, dated 1 November 2001; a Memorandum for Record, Subject: Authorization for the Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS), from Headquarters, 1st Battalion, 75th Ranger Regiment, dated 20 March 2002; a copy of Orders 360-2, with an attached roster, prepared by Headquarters, 3d Infantry Division (Mechanized) and Fort Stewart, dated 26 December 2001; a copy of Permanent Orders
190-001, with an attached list, published by Coalition Forces Land Component Command, United States Army Forces Central Command, Third United States Army, dated 9 July 2002; and a copy of his DD Form 214 and his Honorable Discharge Certificate, dated 12 August 2002.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the US Army Reserve, Delayed Entry / Enlistment Program for 8 years, on 23 April 2001. On 9 May 2001, he enlisted in the Regular Army for a period of 4 years and 18 weeks. He successfully completed basic combat and advanced individual training at Fort Benning, Georgia. On completion of his advanced training, he was awarded the military occupational specialty 11B, Light Weapons Infantryman.

2. The applicant successfully completed Basic Airborne Training and was awarded the Parachutist Badge on 28 September 2001.

3. On 29 October 2001, the applicant was assigned to the 1st Battalion, 75th Ranger Regiment, Fort Stewart, Georgia.

4. Permanent Orders 305-04, prepared by Headquarters, 1st Battalion, 75th Ranger Regiment, dated 1 November 2001, assigned the applicant to perform duty as a parachutist, with an effective date of 7 September 2001.

5. Orders 360-2, published by Headquarters, 3d Infantry Division (Mechanized) and Fort Stewart, dated 26 December 2001, temporarily attached the applicant to Task Force 11 (Operation Enduring Freedom).

6. The applicant was deployed with Task Force 11 (Operation Enduring Freedom) to Afghanistan for the period 29 December 2001 through 6 April 2002, a period of 3 months and 8 days.

7. Permanent Orders 190-001, with an attached list, were published by Coalition Forces Land Component Command, United States Army Forces Central Command, Third United States Army, on 9 July 2002, announcing the award of the Combat Infantryman Badge to forty-four soldiers, including the applicant, for satisfactory performance of duty while under hostile fire.

8. The applicant was honorably discharged from the Regular Army on 12 August 2002, in the rank and pay grade of Private First Class, E-3, for a physical condition, not a disability. On the date of his discharge, the applicant had completed 1 year, 3 months, and 4 days active Federal military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service), of his DD Form 214, shows the following: the National Defense Service Medal, the Army Service Ribbon, the Army Lapel Button, the NATO Medal (Yugoslavia), and the Parachutist Badge. The Combat Infantryman Badge does not appear on the applicant's DD Form 214.

9. Army Regulation (AR) 635-5 prescribes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4h(12)(f), of this regulation, states that the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period) will be shown in Item 12f (Foreign Service).

10. AR 635-5, paragraph 2-4h(18)(f) states that the following information will be entered in Item 18 (Remarks) of the soldier's DD Form 214 when they have been deployed to a foreign country: "Service in (name of country to which deployed), from (date of deployment) through (date of redeployment)."

DISCUSSION AND CONCLUSIONS:

1. The applicant was awarded the Combat Infantryman Badge. It is not shown in Item 13 of his DD Form 214. It would be appropriate to add this award to his DD Form 214 at this time.

2. The applicant completed 3 months and 8 days foreign service in a temporary duty status in support of Operation Enduring Freedom. A record of this service is not shown in Item 12f of the applicant's DD Form 214. It would be appropriate to add this foreign service to his DD Form 214 at this time.


3. The applicant's foreign service deployment was not made a matter of record in the remarks section of his DD Form 214. It would be appropriate to add this foreign service to his DD Form 214 at this time as follows: "Service in Afghanistan from 29 December 2001 through 6 April 2002."

BOARD VOTE:

aao_____ le _____ ym _____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

         a. adding the already-awarded Combat Infantryman Badge to the applicant's DD Form 214;

         b. showing the applicant's foreign service in Item 12f as follows: 0000 years//03 months//08 days.

         c. entering the following in Item 18 of the applicant's DD Form 214: "Service in Afghanistan from 20011229 – 20020406."





                  ____Arthur A. Omartian___
                  CHAIRPERSON





INDEX

CASE ID AR2003090474
SUFFIX
RECON
DATE BOARDED 20040127
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 157 107.0111
3.
4.
5.
6.



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