IN THE CASE OF:	

		BOARD DATE:	    29 December 2010

		DOCKET NUMBER:  AR20100013996 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service during two deployments and award of the Parachutist Badge.

2.  He speculates the deployments and Parachutist Badge were not added to his DD Form 214 due to the fact he was a Counter Intelligence Agent.

3.  He provides copies of:

* a DA Form 1307 (Individual Jump Record)
* permanent orders showing award of the Parachutist Badge
* two deployment orders
* a DA Form 4980-14 (Army Commendation Medal Certificate)

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.  His record shows he enlisted in the Regular Army on 25 February 2000 and held military occupational specialty 97B (Counter Intelligence Agent).  He was honorably discharged on 29 April 2005 after completing 5 years, 2 months, and 5 days of creditable service.  At the time of his discharge, he held the rank/pay grade of specialist/E-4.

3.  He provides Permanent Orders 016-383 issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 16 January 2001 which show he was awarded the Parachutist Badge for successful completion of the 3-week Airborne Course on 26 January 2001.  His DA Form 1307 shows he executed the requisite five parachute jumps in order to be eligible for the badge in a peacetime scenario.

4.  He provides Permanent Orders 191-027 issued by Headquarters, XVIII Airborne Corps and Fort Bragg, NC, on 10 July 2002 and an accompanying manifest which indicate he was scheduled to deploy with his unit to the U.S. Central Command (CENTCOM) area of responsibility (AOR) as part of Combined Joint Task Force-180 (CJTF-180) in support of Operation Enduring Freedom on or about 21 July 2002.

5.  He provides a partially illegible page of multi-paged permanent orders issued on 4 March 2003 and an accompanying manifest which indicate he was scheduled to deploy with his unit to the CENTCOM AOR in support of Operation Enduring Freedom on or about 12 March 2003.

6.  He provides a DA Form 4980-14 which shows he was awarded the Army Commendation Medal for meritorious achievement from 11 September 2002 to 21 October 2002 while deployed as a member of CJTF-180 on Permanent Orders Number 340-04 issued by CJTF-180 Base Operations.

7.  His DD Form 214 shows the following entries:

* item 12f (Foreign Service) shows he served overseas 0 years, 0 months, and 0 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear the:
* 
National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

* item 14 (Military Education) shows he completed the 17-week Counter Intelligence Agent Course in 2002
* item 18 (Remarks) of this form does not show the specific dates of his deployment or to which country he deployed

8.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Afghanistan during the period 30 July 2002 through 31 January 2003.

9.  His military personnel and finance records are void of any evidence of an additional deployment.

10.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom.  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.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form;

	b.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form;

	c.  formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 should be entered in item 14 of the form; and

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his foreign service during two deployments and award of the Parachutist Badge was carefully considered and determined to have partial merit.

2.  Permanent orders awarded him the Parachutist Badge for successful completion of the 3-week Airborne Course on 26 January 2001.  Therefore, he is entitled to have this special skill badge shown in item 13 of his DD Form 214.  He is also entitled to have his successful completion of this training shown in item 14.

3.  A query of his MMPA maintained by DFAS revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Afghanistan during the period 30 July 2002 through 31 January 2003, a period of 6 months and 2 days.  Therefore, he is entitled to have this foreign service shown in item 12f of his DD Form 214.  Additionally, item 18 of his DD Form 214 should be amended to show the period of his deployment and the country to which he deployed.

4.  The evidence shows he served a qualifying period of service in Afghanistan for award of the Afghanistan Campaign Medal and that he participated in one campaign.  Therefore, he is entitled to correction of his records to show the Afghanistan Campaign Medal with one bronze service star.

5.  His military personnel and finance records are void of any evidence of an additional deployment.  Therefore, it would not be appropriate to further amend his DD Form 214 to show he completed a second deployment.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the current entry from item 12f of his DD Form 214 and replacing it with "0000  06  02"
* adding to item 13 of his DD Form 214 the Parachutist Badge and Afghanistan Campaign Medal with one bronze service star
* adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
AFGHANISTAN FROM 20020730-20030131
* providing him an appropriate document showing the above changes

2.  The Board further determined 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 showing he completed a second deployment.



      _______ _   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)                                         AR20100013996



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ABCMR Record of Proceedings (cont)                                         AR20100013996



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