IN THE CASE OF:	  

		BOARD DATE:	        24 July 2008

		DOCKET NUMBER:  AR20080006746 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add his Purple Heart and all his awards (to include, in effect, the shoulder sleeve insignia).  He also requests, in effect, that he be awarded the Army Good Conduct Medal.

2.  The applicant makes no additional statement.

3.  The applicant provides parachute duty orders; Purple Heart orders, dated    27 April 2003; a DA Form 4187 (Personnel Action) recommending him for award of the Purple Heart; Combat Infantryman Badge orders; shoulder sleeve insignia orders, dated 18 October 2002; shoulder sleeve insignia orders, dated 6 May 2003; shoulder sleeve insignia orders, dated 13 February 2004; Parachutist Badge orders, dated 28 March 2002; Parachutist Badge with bronze service star orders, dated 17 September 2004, with related DA Form 4187 and jump manifest; a DA Form 638 (Recommendation for Award), dated 16 August 2004; and 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 on 15 October 2001.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  He completed basic airborne training on or about 5 April 2002 and was awarded the Parachutist Badge.  On an unknown date, he was assigned to Company A, 3d Battalion, 75th Ranger Regiment.

3.  Headquarters, 3d Battalion, 75th Ranger Regiment, Permanent Orders     291-001, dated 18 October 2002, awarded the applicant and other members of his unit the right to wear the 3d Battalion, 75th Ranger Regiment shoulder sleeve insignia for the period of service 2 June 2002 to 6 October 2002 (4 months and   5 days).

4.  Headquarters, Task Force 11, Permanent Orders 128-07, dated 8 May 2003, awarded the applicant the Combat Infantryman Badge for the period 20 June 2002 to 30 September 2002.

5.  U. S. Total Army Personnel Command, Permanent Orders 101-17, dated     11 April 2003, awarded the applicant the Purple Heart for wounds received on  28 March 2003.

6.  The applicant provided Coalition Forces Land Component Command, U. S. Army Forces Central Command, Third United States Army, Permanent Orders 117-023, dated 27 April 2003, awarding him the Purple Heart for wounds received on 28 March 2003.  These orders were revoked by Coalition Forces Land Component Command, U. S. Army Forces Central Command, Third United States Army, Permanent Orders 117-023, dated 30 April 2003.

7.  Headquarters, 3d Battalion, 75th Ranger Regiment, Permanent Orders     126-001, dated 6 May 2003, awarded the applicant and other members of        his unit the right to wear the shoulder sleeve insignia for the period of service       3 March 2003 to 27 April 2003 (1 month and 25 days).  

8.  Headquarters, 3d Battalion, 75th Ranger Regiment, Permanent Orders      103-01, dated 13 February 2004, awarded the applicant and other members of his unit the right to wear the shoulder sleeve insignia for the period of service    30 December 2003 to 5 April 2004 (3 months and 6 days).
9.  Headquarters, 75th Ranger Regiment, Permanent Orders 261-04, dated      17 September 2004, awarded the applicant the Parachutist Badge with bronze service star for period of service 28 to 29 March 2003.

10.  Headquarters, 75th Ranger Regiment, Permanent Orders Number 232-02, dated 19 August 2004, awarded the applicant the Army Commendation Medal for meritorious service for the period 24 May 2002 to 14 October 2004.  The DA Form 638 noted that he deployed to Operation Enduring Freedom twice along with a deployment to Operation Iraqi Freedom in which he performed a combat jump into enemy-occupied territory.

11.  The applicant was honorably released from active duty on 14 October 2004, in the rank and grade of Specialist, E-4, after completing 3 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded the Global War on Terrorism Service Medal, the National Defense Service Medal, the Army Lapel Button, and the Army Service Ribbon.  Item 12f of his DD Form 214 does show that he served any foreign service.  Item 18 (Remarks) does not show any of his deployments.

12.  The applicant’s records contain no derogatory information and no evidence that his commander disqualified him for award of the Army Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is normally 3 years of enlisted active Federal military service completed on or after 27 August 1940.  

14.  Army Regulation 600-8-22 states that although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Official Military Personnel File. The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comment by previous commanders qualifies the use of such period toward the award by the current commander.  
15.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to 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. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded. 

16.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. 

17.  Service members qualified for the GWOTEM by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

18.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  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 air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. 

19.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, to be worn on the appropriate campaign or service medal, including the Afghanistan Campaign Medal and the Iraq Campaign Medal.  A bronze service star is authorized to be worn on the Afghanistan Campaign Medal for the Liberation of Afghanistan (11 September 2001 through 30 November 2001; Consolidation I (1 December 2001 through 30 September 2006); and Consolidation II (1 October 2006 through a date to be determined); and on the Iraq Campaign Medal for the Liberation of Iraq (19 March 2003 through 1 May 

2003); the Transition of Iraq (2 May 2003 through 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

20.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Parachutist Badge.  Paragraph 8-10g states a bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump and that orders are required to confirm award of these badges.

21.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states authorization to wear a shoulder sleeve insignia indicating former wartime service applies only to Soldiers who are assigned to U. S. Army units which meet all the following criteria:  (1) the theater or area of operation to which the unit is assigned must have been declared a hostile environment; (2) the units must have actively participated in or supported ground combat operations against hostile forces in which they were exposed to the threat of enemy action or fire either directly or indirectly; (3) the military operation normally must have lasted for a period of 30 days or longer; and (4) the authorization for wear must be approved by the Chief of Staff of the Army.

22.  Army Regulation 635-5 states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18.

DISCUSSION AND CONCLUSIONS:

1.  There is no derogatory information in the applicant’s records and no evidence that he was ever disqualified for award of the Army Good Conduct Medal.  He was also awarded the Army Commendation Medal.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal.

2.  The applicant was awarded the Purple Heart, the Army Commendation Medal, the Combat Infantryman Badge, and the Parachutist Badge with one bronze service star.  (He was awarded only one Parachutist Badge.  The second set of orders only authorized him to wear a bronze service star on his Parachutist Badge.)  These awards should be added to his DD Form 214.

3.  The applicant served two tours of duty in Afghanistan.  He is eligible for award of the GWOTEM (only one award of the GWOTEM is authorized) for his first tour 

and the Afghanistan Campaign Medal for the second tour.  He is authorized to wear one bronze service star on the Afghanistan Campaign Medal.  His DD Form 214 should be amended to add these awards.

4.  The applicant served one tour of duty in Iraq.  He is eligible for award of the Iraq Campaign Medal with one bronze service star.  His DD For 214 should be amended to add this award.

5.  The shoulder sleeve insignia for former wartime service is an item of uniform wear and is not authorized for entry on the DD Form 214.

6.  Item 12f of the applicant’s DD Form 214 does not show he served any foreign service, and it should be amended to show he served 9 months and 6 days of foreign service (the combined amount of foreign service as shown in his three shoulder sleeve insignia orders).  

7.  Item 18 of the applicant’s DD Form 214 should be amended to show he deployed to Afghanistan from 2 June 2002 to 6 October 2002; to Afghanistan from 3 March 2003 to 27 April 2003; and to Iraq from 30 December 2003 to         5 April 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ____xx__  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 first award of the Army Good Conduct Medal for the period 15 October 2001 through 14 October 2004; 

     b.  adding the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal, the Combat Infantryman Badge, the Parachutist Badge with one 

bronze service star, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal with one bronze service star, and the Iraq Campaign Medal with one bronze service star to his DD Form 214;  

     c.  amending item 12h of his DD Form 214 to show he served 9 months and   6 days of foreign service; and

     d.  amending item 18 of his DD Form 214 to show he deployed to Afghanistan from 2 June 2002 to 6 October 2002; to Afghanistan from 3 March 2003 to        27 April 2003; and to Iraq from 30 December 2003 to 5 April 2004.

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 adding the shoulder sleeve insignia to his DD Form 214.




      ______xxxxx _______   ___
               CHAIRPERSON
      
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.



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