BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090005567 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Combat Infantryman Badge, the Global War on Terrorism Expeditionary Medal, and attendance at the Ranger School.

2.  The applicant states, in effect, he needs to receive a corrected DD Form 214 for a pending Department of Veterans Affairs claim.

3.  The applicant provides copies of one page of 8 May 2003 Permanent Orders 128-10, one page of 8 May 2003 Permanent Orders 128-11, and a DD Form 214 WS (DD Form 214 Worksheet).

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.  While the DD Form 214 WS provided by the applicant does not include his participation the 8-week Ranger Course or award of the Global War on Terrorism Expeditionary Medal, both of these items are included on the DD Form 214-Automated found in his integrated Personnel Electronic Record Management System (iPERMS) file.  Since these items are already on the final official version of his DD Form 214, these portions of the applicant's request are rendered moot and they will not be addressed further.

3.  The applicant's iPERMS is incomplete.  It lacks source documentation for the awards listed on his DD Form 214 and documentation of his assignments and duties during Operation Enduring Freedom and Operation Iraqi Freedom.

4.  The applicant served on active duty in the Regular Army from 21 February 2002 through 26 February 2006, attaining the rank of sergeant.

5.  The document provided by the applicant dated 8 May 2003 and labeled Permanent Orders 128-10 states that the Combat Infantryman Badge was awarded to members of the 1st Battalion, 75th Ranger Regiment.

6.  The document provided by the applicant dated 8 May 2003 and labeled Permanent Orders 128-11 provides a list of personnel assigned to the 1st Battalion, 75th Ranger Regiment.  The subject line states, "Combat Infantryman Badge."  It lists the applicant's name, rank, social security number, company, primary military occupational specialty (MOS) and the number of the award of the Combat Infantryman Badge (1st award).

7.  Headquarters, U.S. Army Infantry Center, Permanent Orders 217-2908 dated 5 August 2003 awarded the applicant the Ranger Tab and MOS 11B1V (Ranger).

8.  Headquarters, 75th Ranger Regiment, Permanent Orders 200-005 dated 8 August 2003 awarded the applicant the Army Commendation Medal for meritorious service.

9.  The iPERMS copy of the DD Form 214 provides the following pertinent information:

	a.  block 11 (Primary Specialty), 11B1P (Infantryman) - 3 years and 11 months;

	b.  block 12f (Foreign Service), blank;

	c.  block 13 (Decorations, Awards, Badges, Citations), award of the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Parachutist Badge, the Afghanistan Campaign Medal, the Iraq Campaign Medal; and the Army Lapel Button; and

	d.  block 18 (Remarks), participation in Operation Enduring Freedom and Operation Iraqi Freedom for the following periods:  10 March 2002 through 9 May 2002, 9 March 2003 through 29 April 2003, and 4 July 2004 through 10 July 2004.

10.  Army Regulation 600-8-22 (Military Awards) states that subsequent award of the Combat Infantryman Badge is not authorized for the same qualifying period.  A Soldier may receive the Combat Infantryman Badge for either Operation Enduring Freedom (Afghanistan) and Operation Iraqi Freedom (Iraq) but, for the purpose of a subsequent award, both are considered to be in the same qualifying period, referred to as the War on Terrorism period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, he needs a corrected DD Form 214 showing award of two Combat Infantryman Badges for a pending Department of Veterans Affairs claim.

2.  Taken individually, neither the document labeled Permanent Orders 128-10 nor the document labeled Permanent Orders 128-11 clearly show that the applicant was awarded the Combat Infantryman Badge.

3.  Therefore, it is likely that since Permanent Orders 128-11 refers to a first award of the Combat Infantryman Badge, it is in fact the attached list referenced on Permanent Orders 128-10 and the order number is an administrative error.  Combined, these two documents show the applicant was awarded the Combat Infantryman Badge on 8 May 2003.

4.  The applicant has not provided and the record does not contain any documentation to show he was awarded a Combat Infantryman Badge for any period other than noted in the permanent orders cited above.

5.  Further, even if he had such orders, only one Combat Infantryman Badge is authorized for participation in the War on Terrorism.

6.  Based on the above, it is appropriate to show that the applicant is authorized award of only one Combat Infantryman Badge.
7.  The applicant's award of the Army Commendation Medal and the Ranger Tab were omitted from his DD Form 214.  It is appropriate to correct the DD Form 214 to include these awards.

8.  At the time the applicant was awarded the Ranger Tab he was also awarded MOS 11B1V (Ranger).  It is appropriate to correct the DD Form 214 to show his MOS as 11B1V.

9.  Additionally, although his service during Operation Enduring Freedom and Operation Iraqi Freedom are recorded in block 18, these periods of service are not properly recorded in block 12f.  While it is possible that the applicant may have had additional foreign service, from the available information it can be shown that he had at least 6 months and 25 days of foreign service.  It is appropriate to enter this information at block 12f on the DD Form 214.

10.  It appears that the applicant did not receive a copy of the final corrected version of his DD Form 214 currently contained in his iPERMS.  In light of the corrections noted above, it is appropriate to forward a copy of official final DD Form 214 to the applicant at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x_____  ___x___  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 on the DD Form 214:

	a.  block 11, 11B1V;

	b.  block 12f, 6 months and 25 days; and 

	c.  block 13, including the Army Commendation Medal, the Combat Infantryman Badge, and the Ranger Tab.
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 a second Combat Infantryman Badge.



      ___________x______________
                 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.



ABCMR Record of Proceedings (cont)                                         AR20090005567





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ABCMR Record of Proceedings (cont)                                         AR20090005567



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