IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100011900 


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 in:

	a.  item 4a (Grade, Rate, or Rank) and 4b (Pay Grade) the entry "SPC" [specialist] and "E-4," respectively;

	b.  item 12f (Foreign Service) "18 months and 15 days";

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the addition of the Global War on Terrorism Expeditionary Medal, Combat Infantryman Badge, Expert Infantryman Badge, Army Commendation Medal with "V" Device, Afghanistan Campaign Medal, Iraq Campaign Medal, Valorous Unit Award, and the 3rd Battalion, 75th Ranger Regiment Shoulder Sleeve Insignia; and

	d.  item 14 (Military Education) the addition of the Combat Lifesaver Course, Ranger First Responder Course, and the Ranger Indoctrination Program;

2.  The applicant states that the volume of changes required to correct his
DD Form 214 indicates the hardships that his unit experienced during numerous deployments.  He also contends that the sergeant major of the 75th Ranger Regiment had intervened and awarded him back pay after discovering the error in his rank and pay grade.


3.  The applicant provides:

	a.  Member 1 and Member 4 copies of his DD Form 214;

	b.  Permanent Orders 155-02, issued by Headquarters, 3rd Battalion,
75th Ranger Regiment, Fort Benning, GA, dated 4 June 2002, awarding him the Expert Infantryman Badge.

	c.  Permanent Orders 128-08, Headquarters, Task Force 11, dated 11 May 2003, awarding him the Combat Infantryman Badge for service from 20 June to 30 September 2002; 

	d.  Permanent Orders 202-019, issued by Headquarters, 75th Ranger Regiment, Fort Benning, dated 21 July 2003, awarding him the Army Commendation Medal with "V" Device for meritorious achievement from
31 March to 7 April 2003;

	e.  DA Form 638 (Recommendation for Award), dated 10 September 2004, recommending him for award of the Army Achievement Medal for meritorious service for the period 31 January 2001 to 31 January 2005 [no orders data issued];

	f.  Permanent Orders 53-01, issued by Headquarters, 3rd Battalion, 75th Ranger Regiment, Fort Benning, dated 22 February 2005, awarding him the Global War on Terrorism Expeditionary Medal for service from 28 September 2004 to 10 January 2005;

	g.  a Memorandum for Record issued by the same headquarters, dated
17 November 2005, authorizing him the Afghanistan Campaign Medal for service from 20 June to 6 October 2002;

	h.  a Memorandum for Record issued by the same headquarters, dated
17 November 2005, authorizing him the Iraq Campaign Medal for service from 
5 March to 27 April 2003;

	i.  U.S. Army Human Resources Command, Alexandria, VA (HRC-Alexandria) memorandum, Subject: Recommendation for Award of the Valorous Unit Award (VUA), dated 22 June 2005, awarding his unit the VUA for service from 30 March to 9 April 2003;


	j.  a diploma from the U.S. Army Infantry School, Fort Benning, dated 18 May 2001, showing he successfully completed individual infantry training at the Infantry Training Brigade, Course Number 14-01;

	k.  a. Memorandum for Record, issued by Headquarters, 75th Ranger Regiment, Fort Benning, dated 31 August 2001, announcing his completion of the 40-hour Combat Lifesaver Course during the period 20 August through
24 August 2001;

	l.  a Memorandum for Record, issued by the same headquarters, dated
31 August 2001, announcing his completion of the 40-hour Ranger First Responder Course during the period 20 August through 24 August 2001;

	m.  Six separate permanent orders issued by Headquarters, 3rd Battalion, 75th Ranger Regiment, Fort Benning, awarding him the Shoulder Sleeve Insignia under the authority of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) for overseas service from:

	    PERIOD OF SERVICE				   LOCATION		      DURATION

7 October 2001 to 7 January 2002
Afghanistan
3 months and 1 day
20 June to 6 October 2002
Afghanistan
3 months and 17 days
5 March to 27 April 2003
Iraq
1 month and 23 days
18 June to 7 October 2003
Iraq
3 months and 20 days
30 December 2003 to 5 April 2004
Iraq
3 months and 7 days
28 September 2004 to 10 January 2005
Iraq
3 months and 14 days
The cumulative overseas service time based on these orders total 16 months and 82 days which equates to 1 year, 6 months, and 22 days;

	n.  a Headquarters, 75th Ranger Regiment certificate showing his service with distinction in support of Operation Enduring Freedom from 9 October to
10 December 2001;

	o.  four letters from the 3rd Battalion, 75th Ranger Regiment, dated in March, June, and December 2003; and January 2004, notifying the applicant's parents of his deployment in support of the global war on terrorism; and

	p.  a DD Form 2586 (Verification of Military Experience and Training (VMET) with cover letter, dated 9 August 2004.


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's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the Regular Army on
1 February 2001 for a period of 4 years in pay grade E-1.  He completed his initial training, to include the Basic Airborne Course, and he was awarded military occupational specialty 11B1P (Infantryman, parachutist qualified).

3.  On 13 September 2001, the applicant was assigned to Headquarters and Headquarters Company, 3rd Battalion, 75th Ranger Regiment.  He was subsequently reassigned within the 3rd Battalion to B Company.

4.  On 31 January 2005, the applicant was released from active duty due to completion of required active service.  His DD Form 214 shows in:

	a.  item 4a the entry "PFC" [private first class];

	b.  item 4b the entry "E-3";

	c.  item 12f the entry "0000  03  01";

	d.  item 13 the Global War on Terrorism Service Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Army Lapel Button, Army Service Ribbon, and the Parachutist Badge; and

	e.  item 14 the entry "Basic Airborne, 2001//Nothing Follows."


5.  Section III (Service Data) of the applicant's Enlisted Record Brief (ERB) indicates the following changes in his rank/grade:

	a.  advanced to SPC on 9 June 2003;

	b.  reduced to private (PV2)/E-2 on 31 August 2003; and 

	c.  advanced to PFC on 1 March 2004.

6.  The applicant provided copies of permanent orders awarding him the following awards:

	a.  Army Commendation Medal with "V" Device;

	b.  Global War on Terrorism Expeditionary Medal;

	c.  Combat Infantryman Badge; and the

	d.  Expert Infantryman Badge;

7.  HRC-Alexandria memorandum, Subject:  Recommendation for Award of the VUA, dated 22 June 2005, awarded the applicant's unit the VUA for the period
30 March to 9 April 2003.

8.  The Shoulder Sleeve Insignia is a uniform item authorized for wear under the provisions of Army Regulation 670-1.

9.  Permanent orders issued by 3rd Battalion, 75th Ranger Regiment, Fort Benning during the period between 7 October 2001 and 10 January 2005 authorized the applicant to wear the 3rd Battalion, 75th Ranger Regiment Shoulder Sleeve Insignia.

10.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the following eligibility criteria for advancement to pay grades E-2 through E-4:

	a.  E-2: 6 months time is service (TIS); 

	b.  E-3: 12 months TIS and 4 months time in grade (TIG); and

	c.  E-4: 24 months TIS and 6 months TIG.


11.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During the applicant's service in Afghanistan, he participated in the following two campaigns:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)

12.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During the applicant's service in Iraq, he participated in the following three campaigns:

* Liberation of Iraq (10 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 14, list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training course for combat skills;


	c.  item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

14.  Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.  A properly trained combat lifesaver is capable of stabilizing many types of casualties and can slow the deterioration of a wounded individual's condition until medical personnel arrive.  This regulation also states combat lifesavers must be recertified every 12 months at the unit level.

15.  The Ranger First Responder Course trains every Ranger to provide basic lifesaving care in specific tasks.  In addition, they provide additional Emergency Medical Technician (EMT) training to help improve survivability.  The Ranger First Responder Course critical tasks are to evaluate a casualty, open and maintain an airway, seal an open wound, apply an emergency trauma dressing and tourniquet, and initiate an IV/saline lock.

16.  The Ranger Indoctrination Program is a 3-week intensive training period designed to indoctrinate newly-assigned Soldiers in the history, traditions, policies, marksmanship, physical training, and basic Ranger skills to facilitate integration into the Ranger Battalions.  It also provides an initial screening of the volunteers who may possess the prerequisites, discipline, and mental toughness to satisfactorily participate in Ranger operations.

17.   Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 
1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

18.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve
11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Army Regulation 614-30 (Overseas Service) Rules 6 and 8 of Table 3-2 apply).
DISCUSSION AND CONCLUSIONS:

1.  Based on a review of the promotion criteria and the applicant's dates of rank for PV2/E-2, PFC/E-3, and SPC/E-4 it appears that he was advanced to SPC/E-4 on 9 June 2003.  His date of rank for PV2/E-2 indicates he was reduced to this rank/grade on 31 August 2003.  His date of rank for E-3 of 1 March 2004 indicates he was advanced a second time to PFC/E-3.  However, there is no available evidence showing he was advanced back to SPC/E-4 prior to his release from active duty.  Therefore, there is no basis for granting this portion of his request.

2.  Permanent orders clearly show the applicant was awarded the Army Commendation Medal with "V" Device, Global War on Terrorism Expeditionary Medal, Expert Infantryman Badge, and the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Permanent orders clearly show that the applicant's unit was awarded the VUA.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant served qualifying periods in support of Operation Enduring Freedom during the period 7 October 2001 to 7 January 2002 and 20 June to
6 October 2002 for entitlement to the Afghanistan Campaign Medal.  Furthermore, he participated in the Liberation of Afghanistan and Consolidation I campaigns phases.  Therefore, he is entitled to the Afghanistan Campaign Medal with two bronze service stars and correction to his DD Form 214 to show this award.

5.  The applicant served qualifying periods in support of Operation Iraqi Freedom during the period 18 June to 7 October 2003 and 30 December 2003 to 5 April 2004 for entitlement to the Iraq Campaign Medal.  Furthermore, he participated in the Liberation of Iraq and Transition of Iraq campaigns phases.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

6.  The applicant served a qualifying period of service for award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  The evidence shows the skills attained in the Combat Lifesaver and the Ranger First Responder Course of instructions are not specifically combat in nature.  Therefore, since the applicant has provided a Memorandum for Record, 


dated 31 August 2001, that announced his completion of the 40-hour Combat Lifesaver and Ranger First Responder Courses, it would be appropriate to add these courses to his DD Form 214.

8.  The available evidence shows the applicant served in Afghanistan and Iraq on multiple deployments between 78 October 2001 and 10 January 2005 for a cumulative period of 1 year, 6 months, and 22 days.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show this period of foreign service.  Furthermore, item 18 of his DD Form 214 should be corrected to show his periods of deployment to Afghanistan and Iraq.

9.  The evidence shows the applicant completed the 3-week Ranger Indoctrination Program in August 2001.  However, this course is designed to indoctrinate newly-assigned Soldiers in the history, traditions, policies, marksmanship, physical training, and basic Ranger skills to facilitate integration into the Ranger Battalions and it would not assist the Soldier in job placement upon separation from active service.  Therefore, there is no basis for granting this portion of the applicant's request.

10.  The shoulder sleeve insignia is an item of uniform wear.  It is not authorized by the governing regulation for entry on the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

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:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  03  01" and replacing it with the entry "0001  06  22";

	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal with "V" Device, Afghanistan Campaign Medal with two bronze service stars, Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, Valorous Unit Award, Overseas Service Ribbon, Combat Infantryman Badge, and the Expert Infantryman Badge;

	c.  adding to item 14 of his DD Form 214 the Combat Lifesaver/Ranger First Responder Course, 1 week, August 2001; and

	d.  adding to Item 18 of his DD Form 214 the following entries:

* Service in Afghanistan from 20011007 - 20020107 and 20020620 - 20021006
* Service in Iraq from 20030305 - 20030427, 20030618 - 20031007, 20031230 - 20040405, and 20040928 - 20050110

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 correcting his DD Form 214 to show his rank/grade as SPC/E-4; amending his foreign service to show
18 months and 15 days, adding the Ranger Indoctrination Program, and adding his 3rd Battalion, 75th Ranger Regiment Shoulder Sleeve Insignia.



      ___________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)                                         AR20100011900



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ABCMR Record of Proceedings (cont)                                         AR20100011900



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