RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	 10 January 2008
	DOCKET NUMBER:  AR20070009773 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

Member

	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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his overseas service and awards of the Purple Heart, Army Commendation Medal, Army Achievement Medal, Expert Infantryman Badge, Combat Infantryman Badge, Global War on Terrorism Expeditionary Medal, Armed Forces Expeditionary Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, Army Good Conduct Medal, and the 75th Ranger Regiment Shoulder Sleeve Insignia.

2.  The applicant states that his DD Form 214 does not show all of his awards or his periods of deployment. 

3.  The applicant provides copies of his DD Form 214, assignment orders, memoranda for record, and award orders.  

CONSIDERATION OF EVIDENCE:

1.  On 11 June 2001, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training to include the Basic Airborne Course and was awarded military occupational specialty 11B1P (Infantryman with parachutist qualification). 

2.  Orders 346-E51, United States Army Infantry Center, Fort Benning, Georgia, dated 12 December 2001, assigned the applicant for duty in MOS 11B1P to the 3rd Battalion, 75th Ranger Regiment.  He remained with this unit until his release from active duty in 2004.

3.  A Memorandum for Record, Company B, 3rd Battalion, 75th Ranger Regiment, dated 12 December 2002, states that the applicant was deployed in support of Operation Enduring Freedom [Afghanistan] for 3 months and 17 days during the period from 20 June to 6 October 2002.

4.  A Memorandum for Record, Headquarters, 3rd Battalion, 75th Ranger Regiment, dated 30 April 2003, states that the applicant was deployed in support of Operation Iraqi Freedom for 1 month and 24 days during the period from 
5 March to 27 April 2003. 

5.  A Memorandum for Record, Company B, 3rd Battalion, 75th Ranger Regiment, dated 8 November 2003, states that the applicant was deployed in support of Operation Iraqi Freedom for 3 months and 20 days during the period from 18 June to 7 October 2003.



6.  A Memorandum for Record, Company B, 3rd Battalion, 75th Ranger Regiment, dated 2 April 2004, states that the applicant was deployed in support of Operation Enduring Freedom [Afghanistan] for 3 months and 10 days during the period from 1 January to 10 April 2004.

7.  Permanent Orders Number 092-58, 3rd Battalion, 75th Ranger Regiment, dated 10 April 2002, awarded the applicant the Army Achievement Medal for outstanding performance of duty during the period from 4 to 20 March 2002.

8.  Permanent Orders Number 155-02, 3rd Battalion, 75th Ranger Regiment, dated 4 June 2002, awarded the applicant the Expert Infantryman Badge, effective 31 May 2002.  

9.  Permanent Orders Number 288-103, 3rd Battalion, 75th Ranger Regiment, dated 15 October 2002, awarded the applicant a second Army Achievement Medal [Oak Leaf Cluster] for meritorious service in support of Operation Enduring Freedom during the period from 22 June to 5 October 2002.  He served on aggressive patrols that prevented attacks by enemy forces and resulted in the capture of one known Al-Qaeda member. 

10.  Permanent Orders Number 291-001, 3rd Battalion, 75th Ranger Regiment, dated 18 October 2002, awarded the applicant the 3rd Battalion, 75th Ranger Regiment Shoulder Sleeve Insignia.

11.  Permanent Orders Number 337-003, 3rd Battalion, 75th Ranger Regiment, dated 21 November 2002, awarded the Armed Forces Expeditionary Medal to the applicant for his service against a hostile enemy force in Afghanistan during the period from 20 June to 6 October 2002.  

12.  Permanent Orders Number 188-01814, United States Army Garrison, Fort Benning, Georgia, dated 6 July 2004, awarded the applicant the Army Good Conduct Medal for the period from 11 June 2001 to10 June 2004.

13.  Permanent Orders Number 203-002, 75th Ranger Regiment, dated 22 July 2004, awarded the applicant the Army Commendation Medal for his meritorious service during the period from 1 March 2001 to 9 July 2004.  His achievements included four combat deployments.  He served as an automatic rifleman and squad leader.  He led his squad in high-risk, door-to-door breaching operations.  He also conducted several mounted and dismounted combat patrols finding and destroying Taliban and Al-Qaeda forces. 


14.  Permanent Orders Number 251-103, Headquarters, Joint Task Force, dated 
7 September 2004, awarded the applicant the Purple Heart for wounds received in action against an enemy force on 2 July 2003.

15.  On 13 August 2004, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Individual Ready Reserve).  He had attained the rank of specialist, pay grade E4 and had completed 3 years, 2 months, and 3 days of creditable active duty.

16.  Item 12 (Record of Service) of the applicant’s DD Form 214 indicates no foreign service. 

17.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the Global War on Terrorism Service Medal, National Defense Service Medal, Army Lapel Button, Army Service Ribbon, and the Parachutist Badge.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Afghanistan Campaign Medal.  Award of the Afghanistan Campaign Medal is authorized for service in direct support of Operation Enduring Freedom on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility includes all land areas and air spaces of the country of Afghanistan.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) is medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.

19.  Only one award of the Afghanistan Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Afghanistan Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Afghanistan; however, service members who qualified for the GWOTEM by reason of service between 24 October 2001 and 30 April 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Afghanistan Campaign Medal and the GWOTEM for the same act, achievement or period of service.

20.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.

21.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April  2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

22.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was deployed overseas on four occasions with the 75th Ranger Regiment for a total of 1 year and 11 days.  Therefore his records should be corrected to show this service.

2.  Permanent orders clearly show that the applicant was awarded two Army Achievement Medals.  Therefore, his records should be corrected to show these awards.

3.  Permanent orders clearly show that the applicant was awarded the Expert Infantryman Badge.  Therefore, his records should be corrected to show this award.

4.  Permanent orders clearly authorized the applicant to wear the 75th Ranger Regiment Insignia on the right shoulder of his uniform.  However, this is not an award, but rather is an item of uniform and therefore; should not be entered on his DD Form 214.

5.  Permanent orders clearly show that the applicant was awarded the Armed Forces Expeditionary Medal for his service in Afghanistan.  Therefore, his records should be corrected to show this award.

6.  Permanent orders clearly show that the applicant was awarded the Army Good Conduct Medal.  Therefore, his records should be corrected to show this award.

7.  Permanent orders clearly show that the applicant was awarded the Army Commendation Medal.  Therefore, his records should be corrected to show this award.

8.  Permanent orders show that the applicant was awarded the Purple Heart.  Therefore, his records should be corrected to show this award.

9. The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry [Ranger] unit of brigade, regimental, or smaller size while assigned in Iraq.  The evidence further shows that he engaged in active ground combat and was wounded by the enemy on 2 July 2003.  Therefore, his request for award of the Combat Infantryman Badge should be granted. 

10.  The evidence clearly shows that the applicant was awarded the Armed Forces Expeditionary Medal for his service in Afghanistan during the period from 20 June to 6 October 2002.  It further shows that he earned award of the Afghanistan Campaign Medal for his service during the period from 1 January to 10 April 2004.  Therefore, his request for award of the Global War on Terrorism Expeditionary Medal should not be granted.

11.  The evidence clearly shows that the applicant served during a qualifying period for award of the Afghanistan Campaign Medal and the Iraq Campaign Medal.  Therefore, his records should be corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JLP___  __WDP _  __DWS __ 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:
	
	a.  awarding him the Combat Infantryman Badge effective 2 July 2003; 

b.  showing in Item 12f (Foreign Service) of his DD Form 214 his service as 1 year and 11 days; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Army Commendation Medal, Army Achievement Medal with an Oak Leaf Cluster, Army Good Conduct Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, Armed Forces Expeditionary Medal, Combat Infantryman Badge, and the Expert Infantryman Badge.

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 award of the Global War on Terrorism Expeditionary Medal or entry of the 75th Ranger Shoulder Insignia on his DD Form 214.  




__    William D. Powers __
          CHAIRPERSON




INDEX

CASE ID
AR20070009773
SUFFIX

RECON
 
DATE BOARDED
20080110 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
 GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.