RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080003477


	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.




Director



Analyst

      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show award of the Army Good Conduct Medal, the Global War on Terrorism Service Medal (GWOTSM), the Global War on Terrorism Expeditionary Medal (GWOTEM), the Iraq Campaign Medal (ICM), the Afghanistan Campaign Medal (ACM), and to show completion of the Expert Infantryman Badge (EIB) Course.

2.  The applicant states the awards and the course were omitted from his DD Form 214 when he was separated.

3.  The applicant provides orders and memoranda authorizing award of the requested medals, with the exception of the ACM, and a copy of his Certificate of Completion for award of the EIB.  He also provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army for 3 years on 11 January 2001.  He enlisted to serve in military occupational specialty (MOS) 11B (Infantryman), Airborne Ranger training, a cash bonus, and the Army College Fund.

3.  The applicant served from 11 January 2001 through 10 January 2004.  He served in both Afghanistan and Iraq with the 2nd Battalion, 75th Rangers.  His DD Form 214 shows he was awarded the National Defense Service Medal, Army Service Ribbon, Combat Infantryman Badge, Expert Infantryman Badge, Parachutist Badge, Czech Military Parachutist Badge, Dutch Military Parachutist Badge, Portuguese Military Parachutist Badge, Canadian Parachutist Badge, Bronze German Armed Forces Parachutist Badge, and the Israeli Defense Force Parachutist Badge.
4.  Orders 323-171, B Detachment, 22nd Personnel Services Battalion, Fort Lewis, WA, dated 19 November 2003, awarded the applicant the Army Good Conduct Medal for the period 11 January 2001 through 10 January 2004.

5.  The applicant provided memorandums from Headquarters, 2nd Ranger Battalion, 75th Ranger Regiment announcing his authorization to wear the GWOTSM, GWOTEM, and ICM.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards.  It provides:

	a.  The Global War on Terrorism Expeditionary Medal is awarded to Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award, a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; or b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility.

	b.  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 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.

	c.  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.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal.

7.  Army Regulation 635-5 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 establishes standardized policy for preparing and distributing the DD Form 214.  It provides that entries in Item 14 (Military Education) are used to assist the Soldier in job placement and counseling; therefore, courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Army Good Conduct Medal.  This award should be reflected on his DD Form 214.

2.  Memoranda from Headquarters, 2nd Ranger Battalion, 75th Ranger Regiment announced the applicant's authorization to wear the GWOTSM, GWOTEM, and the ICM.  The memorandum announcing the ICM has the subject:  "Authorization for wear of the Afghanistan and Iraq Campaign Medal," but only authorizes the applicant to wear the ICM.  The GWOTSM, GWOTEM, and the ICM should be reflected on his DD Form 214.

3.  The EIB Course is a combat skills-related course that has no civilian job placement benefit.  Therefore, it is not authorized for inclusion on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__rml___  __gjp___  __swf___  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 showing he was awarded the Army Good Conduct Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal (ICM).

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 the Afghanistan Campaign Medal and the Expert Infantryman Badge Course.



							RML
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080003477



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508