RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060009446 


	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.



	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 his DD Form 214 (Certificate of Release or Discharge From Active Duty) which was issued at the time of his release from active duty on 14 January 2003 be corrected to show the award of the Combat Infantryman Badge, and that his foreign service be corrected.

2.  The applicant essentially states that he does not know why his DD Form 214 does not show that he was awarded the Combat Infantryman Badge, or why his foreign service is incorrect. 

3.  The applicant provides his DD Form 214, DA Form 2-1 (Personnel Qualification Record – Part II), deployment orders in support of Operation Enduring Freedom, and permanent change of station orders to Hawaii in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
14 January 2003, the date of his release from active duty.  The application submitted in this case is dated 26 June 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records show that he enlisted in the Regular Army on 2 July 1998.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  He was then assigned to Fort Campbell, Kentucky, where he served with Company B, 1st Battalion, 187th Infantry Regiment.  He deployed to Southwest Asia from 11 February 2000 to 
5 September 2000, and again from 1 November 2001 to 1 May 2002.  On 
14 October 2002, he made a permanent change of station to Hawaii; however, on 14 January 2003, he was honorably released from active duty due to hardship.  The DD Form 214 that was issued to him at the time of his release 

from active duty shows that he was awarded the Army Achievement Medal; the Good Conduct Medal; the NATO Medal; the National Defense Service Medal; the Humanitarian Service Medal; the Kosovo Campaign Medal; the Noncommissioned Officer Professional Development Ribbon; the Army Service Ribbon; the Expert Marksmanship Qualification Badge with Rifle, Machinegun, Grenade, and Missile Bars; and the Air Assault Badge.  

4.  The applicant’s official military personnel file (OMPF) shows that he is currently a member of the Pennsylvania Army National Guard.

5.  Block 9 (Awards Decorations, and Campaigns) of the applicant’s DA Form 2-1 has an entry which shows that he was awarded the Combat Infantryman Badge.  However, there are no orders in the applicant’s OMPF awarding him this badge.  
His Enlisted Record Brief, dated 6 January 2003, does not show that he was awarded the Combat Infantryman Badge.  Additionally, although the applicant deployed to Southwest Asia from 1 November 2001 to 1 May 2002, there is no evidence in his military records that conclusively shows that he personally served in active ground combat while assigned to his infantry unit.

6.  Block 12f (Foreign Service) of the applicant’s DD Form 214 shows that he served only 4 months and 10 days of foreign service.  However, block 18 (Remarks) of this same form shows that he deployed to Southwest Asia from 
11 February 2000 to 5 September 2000, and again from 1 November 2001 to 
1 May 2002.  Additionally, block 5 (Overseas Service) of his DA Form 2-1 shows that he served in Hawaii from 14 October 2002 to 14 January 2003.  It was noted that the applicant was awarded the Kosovo Campaign Medal; however, the timeframe for the applicant’s service in Kosovo could not be determined.

7.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant’s DD Form 214 does not show that he was awarded the Army Commendation Medal.  However, he was awarded the Army Commendation Medal by Headquarters, Task Force Rakkasan, 101st Airborne Division Permanent Orders Number 109-022, dated 19 April 2002.

9.  The applicant’s DD Form 214 also does not show that he was awarded the Expert Infantryman Badge.  However, he was awarded the Expert Infantryman Badge by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky Permanent Orders Number 357-347, dated 
22 December 2000.

10.  The applicant deployed to Southwest Asia, and specifically Pakistan, in support of Operation ENDURING FREEDOM from 1 November 2001 to 1 May 2002.  However, his DD Form 214 does not show that he was awarded the Global War on Terrorism Expeditionary Medal.

11.  The applicant served on active duty on or after 11 September 2001; however, his DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

13.  Army Regulation 600-8-22 also provides, in pertinent part, that the Global War on Terrorism Expeditionary Medal is authorized for members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined. Operations approved for this award are limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility: Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

14.  Army Regulation 600-8-22 also provides, in pertinent part, that the Global War on Terrorism Service Medal is awarded to Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the 

designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

15.  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 guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the OMPF.

16.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for block 12f (Foreign Service) are to enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 which was issued at the time of his release from active duty on 14 January 2003 should be corrected to show the award of the Combat Infantryman Badge and that his foreign service be corrected.

2.  The single entry on the applicant’s DA Form 2-1 which shows that he was awarded the Combat Infantryman Badge is not corroborated by any other evidence in his military records.  There are no orders in his military records, and the applicant did not provide orders which awarded him the Combat Infantryman Badge.  Additionally, although the applicant deployed to Pakistan in support of Operation ENDURING FREEDOM, there is no evidence which conclusively shows that he personally served in active ground combat while assigned to his infantry unit.  Regrettably, absent such evidence, there is insufficient basis for awarding the applicant the Combat Infantryman Badge in this case.

3.  The applicant deployed to Southwest Asia on two occasions, and was assigned to Hawaii, for a cumulative total of 1 year, 3 months, and 27 days.  The fact that the applicant was awarded the Kosovo Campaign Medal was noted; however, the timeframe for the applicant’s service in Kosovo could not be determined.  In view of the foregoing, he is entitled to correction of block 12f of his DD Form 214 to that he served 1 year, 3 months, and 27 days of foreign service.

4.  Permanent orders awarded the applicant the Army Commendation Medal and the Expert Infantryman Badge which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal and the Expert Infantryman Badge.

5.  The applicant deployed to Pakistan in support of Operation ENDURING FREEDOM from 1 November 2001 to 1 May 2002.  Therefore, he is entitled to award of the Global War on Terrorism Expeditionary Medal, and correction of his military records to show the award of the Global War on Terrorism Expeditionary Medal.

6.  The applicant served on active duty on or after 11 September 2001, and outside his period of service for award of the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal, and correction of his military records to show the award of the Global War on Terrorism Service Medal.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 January 2003; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
13 January 2006.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___HF __  ___WC__  ___DD __  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 and excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  showing the award of the Army Commendation Medal and the Expert Infantryman Badge;

b.  correcting block 12f his DD Form 214 which was issued at the time of his release from active duty on 14 January 2003 to show that he had 1 year,
3 months, and 27 days of foreign service; and

c.  awarding him the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.

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 awarding the Combat Infantryman Badge to the applicant.




_______Hubert Fry_________
          CHAIRPERSON




INDEX

CASE ID
AR20060009446
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070213
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0111.0000
2.
110.0000.0000 (FOREIGN SERVICE)
3.
107.0020.0000
4.
107.0112.0000
5.
107.0137.0000
6.
107.0138.0000
7.
110.0400.0000