IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021877 


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 awards or foreign service as follows:

* Combat Infantryman Badge
* Ranger Tab
* Army Achievement Medal
* Army Commendation Medal
* Service in Afghanistan from 27 June 2002 to 20 December 2002
* Service in Iraq from 4 August 2003 to 20 March 2004

2.  The applicant states he earned the above awards and he wants them recorded.

3.  The applicant provides:

* Reissued DD Form 214
* Diploma for completion of the Ranger Course
* Certificate for award of the Army Achievement Medal
* Certificate for award of the Army Commendation Medal
* Orders for award of the Combat Infantryman Badge
* Orders for award of the Ranger Tab




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 records show he enlisted in the Regular Army (RA) on 11 July 2000 and held military occupational specialty 11C (Indirect Fire Infantryman).  He also executed a 6-year reenlistment in the RA on 8 October 2002 and attained the rank/grade of sergeant/E-5.

3.  On 25 October 2004, he was convicted by a special court-martial of one specification of operating a jeep while the alcohol concentration in his blood was 0.08 grams of alcohol or more per 100 milliliters of blood.  The Court sentenced him to confinement for 90 days, reduction to private/E-1, and a bad conduct discharge.  His sentence was approved by the convening authority on 22 February 2005.

4.  On 3 May 2005, the U.S. Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence.

5.  Headquarters, U.S. Army Armor Center, Fort Knox, KY, Special Court-Martial Order Number 182, dated 16 September 2005, shows that after completion of all required post-trial and appellate reviews, the convening authority ordered the bad conduct discharge executed. 

6.  He was discharged from the Army on 16 December 2005.  His DD Form 214 show he was discharged under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations), as a result of court-martial with a bad conduct discharge.  He completed 5 years, 2 months, and 24 days of creditable military service and he had 74 days of lost time.



7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* Parachutist Badge
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* 
8.  Item 18 (Remarks) of his DD Form 214 does not show service in a hazardous fire/imminent danger pay (HF/IDP) area. 

9.  An email, dated 21 January 2011, from the Defense Finance and Accounting Service, Indianapolis, IN, shows the applicant received HF/IDP and combat zone tax exemption as follows:

* from 27 June 2002 to 31 July 2003 for service in Afghanistan
* from 1 August 2003 to 13 April 2004 for service in Kuwait/Iraq

10.  Permanent Orders 189-2872, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 8 July 2003, awarded him the Ranger Tab for successful completion of the Ranger Course on 11 July 2003. 

11.  Permanent Orders Number 051-126, issued by Headquarters, 3rd Battalion, 505th Parachute Infantry Regiment, Fort Bragg, NC, awarded him the Army Achievement Medal for meritorious achievement during Operation Enduring Freedom from 1 December to 18 December 2002.

12.  Permanent Orders Number 100-169, issued by Headquarters, 3rd Brigade, 82nd Airborne Division, Fort Bragg, NC, on 9 April 2004, awarded him the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom from 4 August 2003 to 20 March 2004. 

13.  Permanent Orders 334-57, issued by Headquarters, Coalition Task Force 82, Bagram Airfield, Afghanistan, on 30 November 2002, awarded him the Combat Infantryman Badge for engaging in active ground combat from 27 June to 20 December 2002. 

14.  On 9 May 2008, the Army Discharge Review Board voted to upgrade his character of service to general, under honorable conditions.  Accordingly, he was reissued a DD Form 214 that reflects the upgraded character of service. 


15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

* block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 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  YYYYMMDD - YYYYMMDD)"

16.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility (AOE) 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

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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)

	c.  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.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.  

17.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal, Army Achievement Medal, Combat Infantryman Badge, and Ranger Tab which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The applicant states he served in Afghanistan in support of OEF from 27 June 2002 to 20 December 2002.  This period of service is inconsistent with his pay records which show he received ID/HFP for service in Afghanistan from 27 June 2002 to 31 July 2003.  While the beginning date may be the same, the return date cannot be determined.  In the absence of additional documentary evidence that confirms his exact dates of service, there is insufficient evidence to compute his foreign service in Afghanistan or show this service on his DD Form 214.  

3.  The applicant states he served in Kuwait/Iraq from 4 August 2003 to 20 March 2004 which is consistent with the certificate that shows he was awarded an Army Commendation Medal for service in Kuwait/Iraq from 4 August 2003 to 20 March 2004.  However, this period of service is inconsistent with his pay records which show he received ID/HFP for service in Kuwait/Iraq from 1 August 2003 to 13 April 2004.  While the beginning date (1 or 4 August 2003) may be consistent, the return date (20 March or 13 April 2004) cannot be accurately determined.  Again, in the absence of additional documentary evidence that confirms his exact dates of service, there is insufficient evidence to compute his foreign service in Kuwait/Iraq or show this service on his DD Form 214.

4.  Although his foreign service in each theater cannot be determined, his service in Afghanistan and Iraq qualify him for awards of the Afghanistan Campaign Medal and the Iraq Campaign Medal.  However, in the absence of additional documentary evidence, his entitlement to bronze service stars for campaign participation, award of the Overseas Service Ribbon, or unit awards cannot be determined.  

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 to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Army Achievement Medal
* Combat Infantryman Badge
* Ranger Tab
* Iraq Campaign Medal
* Afghanistan Campaign Medal










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 his foreign service in Afghanistan or Iraq. 



      _______ _  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)                                         AR20100021877



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ABCMR Record of Proceedings (cont)                                         AR20100021877



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