IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100012978 


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 he was awarded the:

* Army Commendation Medal
* Italian Parachutist Badge
* Parachutist Badge with one bronze service star
* Iraq Campaign Medal with arrowhead and two bronze service stars

2.  The applicant states:

* The awards are not listed on his DD Form 214
* It would be an injustice not to include all of his accomplishments
* He served on active duty, overseas, in a combat zone where he was awarded many certificates of merit

3.  The applicant provides:

* Permanent Orders Number 360-51, dated 26 December 2003
* A certificate showing he qualified for the Italian Parachutist Badge 
* A manifest of individuals who were awarded the "Bronze Star Combat Parachutist Badge with Arrow Head Device" in Permanent Orders 145-19, dated 24 May 2004
* DA Form 1207 (Individual Jump Record)
* DD Form 214, dated 27 August 2004
* Department of Veterans Affairs letter, dated 23 February 2010
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.  On 30 October 2001, the applicant enlisted in the Army for 3 years.  He completed training as an infantryman.

3.  The exact dates of his arrival in Iraq and departure from Iraq are not shown in the available record.  However, the applicant submits a copy of Permanent Orders Number 360-51 showing he was awarded the Army Commendation Medal for exceptionally meritorious service while serving as an M203 gunner from 26 March 2003 through 1 April 2004.

4.  He also submits a certificate showing that he qualified for the Italian Parachutist Badge and a manifest of the names of individuals who were awarded the "Bronze Star Combat Parachutist Badge with Arrow Head Device" on 26 March 2003 in Permanent Orders 145-19, dated 24 May 2004.  This manifest shows he was awarded the "Bronze Star Combat Parachutist Badge with Arrow Head Device" for participation in a parachute assault landing into enemy-controlled territory in Northern Iraq.

5.  The applicant was discharged on 27 August 2004, due to misconduct.  The DD Form 214 he was issued does not show he was awarded:

* Army Commendation Medal
* Italian Parachutist Badge
* Parachutist Badge with one bronze service star
* Iraq Campaign Medal with arrowhead and two bronze service stars

6.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.  The bronze service star is affixed to the Parachutist Badge to denote participation in a combat parachutist jump, retroactive to 7 December 1941.

7.  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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

8.  Army Regulation 600-8-22 states the “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned. The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Iraq Campaign Medal and the Afghanistan Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered and they have been found to contain merit.

2.  While the manifest refers to the award as the "Bronze Star Combat Parachutist Badge with Arrow Head Device," the proper name of the award is the Parachutist Badge and he is authorized one bronze service star to show his participation in combat parachute jumps.  He is also authorized the Iraq Campaign Medal with arrowhead to show his assault landing and two bronze service stars to show his campaign participation.
3.  The applicant has submitted sufficient evidence showing he is authorized the following awards and they should be included on his DD Form 214:

* Army Commendation Medal
* Italian Parachutist Badge
* Parachutist Badge with one bronze service star
* Iraq Campaign Medal with Arrow Head and two bronze service stars

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to delete the Parachutist Badge and to add the following awards:

* Army Commendation Medal
* Italian Parachutist Badge
* Parachutist Badge with one bronze service star
* Iraq Campaign Medal with Arrow Head and two bronze service stars



      ___________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)                                         AR20100012978



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ABCMR Record of Proceedings (cont)                                         AR20100012978



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