BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100020938 


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 be corrected to reflect award of:

* Combat Infantryman Badge (CIB) two awards
* Armed Forces Expeditionary Medal (AFEM) and AFEM (2nd Award)
* AFEM with Arrowhead Device
* Joint Meritorious Unit Award (JMUA)
* Parachutist Badge with bronze service star 
* 3d Battalion, 75th Ranger Regiment Shoulder Sleeve Insignia
* Global War on Terrorism Expeditionary Medal (GWOTEM) with Arrowhead Device
* National Defense Service Medal (NDSM)
* Valorous Unit Award (VUA)
* Expert Infantryman Badge (EIB)
* Ranger Tab
* Parachutist Badge
* Army Achievement Medal (AAM)
* Three Army Commendation Medals (ARCOM with 2nd Oak Leaf Cluster (OLC))
* Bronze Star Medal (BSM) with “V” Device






2.  The applicant also requests that his DD Form 214 be corrected to show:

* Army Combatives Course
* Ranger First Responder Course
* Ranger Team Leader Course
* Mobile Training Team Driver Training Course
* Ranger Indoctrination Program (RIP)
* Pre-Ranger Course
* 17 May 2002 as his effective date for promotion to pay grade E-4
* He is a High School graduate
* He deployed to Afghanistan from 15 September to 15 December 2001 and 22 June to 27 October 2002
* He deployed to Iraq from 5 March to 27 April 2003 and from 23 June to 
5 October 2003
* He has a Secret Security Clearance 

3.  The applicant states he was unable to verify and sign his DD Form 214 at the time of separation.  However, he believes that as a result of the high volume of people separating due to the lifting of stop-loss the proper attention was not given to the preparation of the DD Form 214.  He goes on to state that he is not asking for anything he did not earn and he desires his records to be accurate should he decide to reenlist.

4.  The applicant provides:

* Orders awarding him the CIB
* A memorandum from his commander with a copy of Permanent Orders 337-002 requesting that the applicant be awarded the AFEM for participating in combat operations in Afghanistan during the period
10 October 2001 to 7 January 2002
* A memorandum from his commander with a copy of Permanent Orders 337-01 requesting that the applicant be awarded the AFEM with Arrowhead Device for a combat jump into enemy territory on 19 October 2001
* A memorandum announcing the 75th Ranger Regiment was awarded the JMUA for the period 4 October 2001 to 
31 December 2004
* Orders awarding him a bronze service star for participation in a combat parachute jump
* Orders awarding him the Shoulder Sleeve Insignia for the 3d Battalion, 75th Ranger Regiment 
* Orders awarding him the GWOTEM with Arrowhead Device
* A memorandum from his commander requesting that the applicant be awarded the AFEM for participation in combat operations in Afghanistan during the period 20 June to 6 October 2002
* A copy of a memorandum authorizing the award of the NDSM
* A memorandum awarding the VUA to Company B, 3d Battalion, 
75th Ranger Regiment for the period of 30 March to 9 April 2003
* A Certificate of Training for completion of a 40-hour Combat Lifesaver Course
* Orders awarding him the EIB
* Orders awarding him the Ranger Tab
* Orders awarding him the Parachutist Badge
* Orders awarding him the AAM
* Orders awarding him three ARCOMs (ARCOM 2OLC)
* Orders awarding him the BSM w/ “V” Device
* A Certificate of Training for completion of the 42-hour Combatives Trainer Course
* A DA Form 638 (Recommendation for Award) indicating that he completed the Ranger Battalion Team Leader’s Course
* His military driver’s license
* A copy of his Operator’s Qualification Record
* DA Form 638 indicating he completed the Mobile Training Team Driver’s Course 
* A Certificate of Graduation from the RIP
* A Certificate of Graduation from the Pre-Ranger Course
* A copy of a pay inquiry requesting back pay to 17 May 2002 for the pay grade of E-4
* A copy of his SECRET security clearance 
* High School Diploma
* Copies of memoranda verifying his deployment

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 was a high school graduate when he enlisted in the Regular Army on 30 August 2000 for a period of 3 years under the Airborne Infantry Ranger Training Option.  He completed all of his training at Fort Benning, Georgia and remained at Fort Benning.  He was assigned to Company B, 
3d Battalion, 75th Ranger Regiment.  He was awarded the military occupational specialty (MOS) of 11B1V.

3.  Information obtained from the Defense Finance and Accounting Service (DFAS) indicates the applicant was paid Hostile Fire/Imminent Danger Pay and received Combat Tax Exempt Exclusion for service in Afghanistan from 20011012 – 20011204 and 20020620 – 20021001, service in Saudi Arabia from 20030306 – 20030429 and service in Iraq from 20030617 - 20031005. 

4.  On 20 December 2003, the applicant was honorably released from active duty (REFRAD) due to completion of required active service.  He had served 3 years, 3 months, and 21 days of total active service and his DD Form 214 that was issued at the time of his REFRAD shows:

* He was awarded the NDSM, Army Service Ribbon, and Parachutist Badge
* He completed the RIP of 3 weeks in 2001 and the Airborne Course of 3 weeks in 2001
* He was not a high school graduate
* No deployments
* His MOS as 11B1O

5.  Army Regulation 600-8-22 (Military Awards) states the 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 in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

6.  Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  There is no listing in the regulation of the AFEM being approved or awarded for operations in Afghanistan.  Additionally, the award of the AFEM is not announced in individual orders.

7.  Army Regulation 600-8-22 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.  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

8.  Army Regulation 600-8-22 states a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of four conflicts:  

	a.  World War II (7 December 1941 to 3 September 1945);

	b.  the Korean Conflict (27 June 1950 to 27 July 1953); 

	c.  the Vietnam Conflict (which includes service in Vietnam (2 March 1961 to 28 March 1973 and qualifying service in Laos (19 April 1961 to 6 October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991); 

	d.  the War on Terrorism (which includes Afghanistan, Operation Enduring Freedom and Iraq, Operation Iraqi Freedom); and

	e.  subsequent awards of the Combat Infantryman Badge are not authorized for the same qualifying period of service.  It is recognized by one award only regardless of whether a Soldier served one or multiple tours in any or all of these areas.


9.  Army Regulation 600-8-22 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 orders are required to confirm award of these badges.  Credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with the bronze service star affixed and each Soldier must physically exit the aircraft to receive combat assault credit and the Parachutist Badge with bronze service star.

10.  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 Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, the Armed Forces Expeditionary Medal, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, and the Afghanistan Campaign Medal.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   

12.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed 

13.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  Paragraph 2-4 of that regulation provides the instructions for completing the DD Form 214.  It provides, in pertinent part, that in block 14 (Military Education), training courses for combat skills will not be entered.

14. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

15.  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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s NDSM and his RIP course are already reflected on his 
DD Form 214.  Accordingly, no further action is required.

2.  The applicant was a high school graduate when he enlisted in the Army and he is entitled to have his DD Form 214 corrected to reflect such.

3.  The applicant has provided sufficient evidence to show he was awarded the CIB, EIB, Parachutist Badge with a bronze service star, Ranger Tab, VUA, AAM, ARCOM with 2OLC, GWOTEM with Arrowhead Device, and the BSM with "V" Device.  Accordingly, these awards should be entered on his DD Form 214 at this time.

4.  The evidence of record also shows he deployed to Afghanistan from 20011012 – 20011204 and 20020620 – 20021001, served in Saudi Arabia from 20030306 – 20030429 and he served in Iraq from 20030617 - 20031005.  Accordingly, this information should be entered in block 18 (Remarks) of his 
DD Form 214 at this time.

5.  The applicant’s contention that the Shoulder Sleeve Insignia (SSI) should be entered on his DD Form 214 has been noted and found to lack merit.  The SSI is a uniform item of wear and it is not authorized to be entered on the DD Form 214.  Accordingly, there is no basis to grant that portion of his request.

6.  While the sincerity of the applicant’s claim that he was advanced to the pay grade of E-4 on 17 May 2002 is not in doubt, the applicant has not provided any evidence and the available records do not contain the original promotion instrument necessary to verify his promotion effective date.  Therefore, in the absence of a promotion instrument (orders or DA Form 4187) to show his original promotion to the pay grade of E-4, there appears to be no basis to grant this portion of his request.

7.  The evidence of record also shows the applicant served during periods of service for award of the GWOTSM and the Iraq Campaign Medal (ICM) with two bronze service stars.  Accordingly, he should be awarded these and they should be added to his DD Form 214.

8.  The applicant’s contention that his DD Form 214 should be corrected to show he completed the Ranger First Responder Course, Army Combatives Course, Ranger Battalion Team Leader Course, Pre-Ranger Course, and the Driver’s Training Program were found to lack merit.  The applicable regulation provides that training courses for combat skills will not be entered on the DD Form 214.  While the driver’s course is not considered a combat skills course, the applicant has not provided a certificate of training to show the length of the course.  Only courses of 40 hours or more in duration are entered on the DD Form 214.  Accordingly, there is no basis to grant this portion of his request.

9.  The applicant’s contention that he should be awarded a second CIB has been noted and found to lack merit.  Only one award of the CIB is authorized during a qualifying period and the applicant only served during one qualifying period.  Accordingly, there is no basis to award him a second CIB.

10.  The applicant’s contention that he should be awarded the AFEM and the AFEM with Arrowhead device has been noted and found to lack merit.  While he has provided a memorandum from his commander directing the records custodian to award the applicant the AFEM with Arrowhead Device, no awards of the AFEM were authorized for operations in Afghanistan.  Accordingly, he is not entitled to award of the AFEM with Arrowhead Device or award of the AFEM for service in Afghanistan.

11.  The applicant’s DD Form 214 reflects the applicant’s MOS as 11B1O when in fact it was 11B1V.  Accordingly, his records should be corrected to reflect his correct MOS. 

12.  The applicant’s contention that his security clearance should be added to his DD Form 214 has been noted; however, the applicable regulation does not provide for entry of the security clearance on the DD Form 214.

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:

* Adding the CIB, EIB, Parachutist Badge with a bronze service star, Ranger Tab, VUA, AAM, ARCOM with 2OLC, GWOTEM with Arrowhead Device, and the BSM with "V" Device to his DD Form 214
* Awarding him the GWOTSM and the ICM with two bronze service stars and adding them to his DD Form 214
* Deleting the entry in the "NO" block of 15b of his DD Form 214 and adding the entry "YES" to show he was a high school graduate
* Deleting MOS 11B1O from block 11 of his DD Form 214 and adding MOS 11B1V
* Adding to block 18 (Remarks) the entry “Service in Afghanistan from 20011012 – 20011204 and 20020620 – 20021001, Service in Saudi Arabia from 20030306 – 20030429 and service in Iraq from 20030617 – 20031005”

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 completion of the Ranger First Responder Course, the Army Combatives Course, the Ranger Battalion Team Leader Course, the Pre-Ranger Course, and the Driver’s Training Program
* Adding a second award of the CIB and the AFEM with Arrowhead device
* Changing the effective date of his pay grade
* Adding the Shoulder Sleeve Insignia to his DD Form 214
* Adding his security clearance to his DD Form 214

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20100020938



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ABCMR Record of Proceedings (cont)                                         AR20100020938



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