IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110000083 


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 several corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* in item 11 (Primary Specialty), change "Nothing Follows" to "Parachutist MOS 11B1P"
* in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), add the Expert Infantryman Badge (EIB), Combat Infantryman Badge (CIB), Army Achievement Medal (AAM), Ranger Tab, and Parachutist Badge
* in item 14 (Military Education), add the U.S. Army Ranger Course, 12 weeks, ending July 2004; and the Airborne Course, 3 weeks, ending September 2002
* in item 18 (Remarks), the starting date for his service in Kuwait/Iraq "should be approximately 1 February 2003," and his Operation Enduring Freedom (OEF) service should show dates of service in Afghanistan as "approximately 1 November 2003 to 1 January 2004"

2.  He states his training is not listed on his current discharge documents. 

3.  He provides his DD Form 214, a DD Form 215 (Correction to DD Form 214), a self-authored statement, a DA Form 638 (Recommendation for Award), and permanent orders.



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 enlisted in the Regular Army on 7 February 2002.  On 10 February 2005, he was discharged under other than honorable conditions in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 10.  He completed 3 years and 4 days of active military service.

3.  His DD Form 214, as amended by a DD Form 215 dated 14 February 2008, shows in:

* item 11:  "11B1G INFANTRYMAN--3YRS-0 MOS//NOTHING FOLLOWS"
* item 13:  National Defense Service Medal, War on Terrorism Service Medal, and Army Service Ribbon
* item 14:  None
* item 18:  "SOLDIER PARTICIPATED IN OPERATION ENDURING FREEDOM/OPERATION IRAQI FREEDOM LOCATION:  KUWAIT/IRAQ DATES:  200300312 - 20030426"

4.  His Enlisted Record Brief (ERB) shows in:

* Section I (Assignment Information) he returned from 2 months of overseas duty in Iraq in April 2003
* Section I he was assigned primary military occupational specialty (MOS) 11B (Infantryman) with special qualification identifiers (SQI) "V," "G," and "P"
* Section VI (Military Education) he completed the Ranger Course in 2004
* Section IX (Assignment Information) he was assigned to Company A, 1st Battalion, 75th Ranger Regiment, in duty MOS (DMOS) 11B1P on 1 November 2002 

5.  His record in the interactive Personnel Electronic Records Management System (iPERMS) includes:

* an AAM Certificate showing Permanent Orders 289-01, issued by Headquarters, 1st Battalion, 75th Ranger Regiment, dated 16 October 2003, awarded him the AAM for his meritorious achievement on 8 August 2003 
* Permanent Orders 183-3475, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 1 July 2004, awarding him the Ranger Tab and MOS 11B1V for successful completion of Ranger training

6.  His record is void of documentation showing he served in Afghanistan.

7.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account (MMPA).  His MMPA shows he received hostile fire pay/imminent danger pay (HFP/IDP) and the combat zone tax exclusion for Kuwait from 8 March through 3 April 2003 and for Iraq from 3 November 2011 through 5 January 2004.

8.  He provides:

* Permanent Orders 233-06, issued by Headquarters, Joint Task Force 20, dated 21 August 2003, showing he was awarded the CIB
* Permanent Orders 058-145, issued by Headquarters, 1st Battalion, 75th Ranger Regiment, Hunter Army Airfield, GA, dated 27 February 2003, showing he was awarded the EIB
* Permanent Orders 238-268, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 26 August 2002, showing he was awarded the Parachutist Badge and MOS 11B1P

9.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) defines SQIs and their order of precedence.  It states the SQI is the fifth character of the military occupational specialty code and may be used with any MOS unless otherwise restricted.  The SQI will be withdrawn and deleted from the MOS awarded when qualification skills are lost or when the soldier withdraws from a voluntary program (for example, airborne or ranger duty).  It defines the SQIs in the following order of precedence:

* S–special operations support personnel.
* V–ranger–parachutist
* P–parachutist
* G–ranger
* M–first sergeant
* X–drill sergeant
* Q–equal opportunity advisor
* H–instructor
* B–inspector general noncommissioned officer
* 4–non–career recruiter
* L–linguist

10.  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.  The regulation states:

   a.  for item 11, from the ERB, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and AIT.

   b.  for item 13, list awards and decorations for all periods of service.  Each entry will be verified by the soldier’s records.

   c.  for item 14, from the ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  (As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses.)  Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in DA Pam 351-4 to determine its usefulness to the Soldier after transitioning from the Army.

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

11.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE

12.  Army Regulation 600-8-22 provides the criteria for award and revocation of badges and tabs.

   a.  The regulation states the Parachutist Badge will be revoked when the awardee initiates action which results in termination of airborne status or withdrawal of any Career Management Field 18 MOS, 180A or specialty skill identifier 18A before he completes 36 cumulative months of airborne duty.  Any parachutist badge with bronze star for a combat jump will be retained regardless of time on airborne status.  Any parachutist badge will be retained if the Soldier is unable to complete 36 cumulative months of airborne duty through no fault of his own, for example, injury or reassignment under favorable conditions..
   
   b.  The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.  The regulation states the Ranger Tab may be revoked by the Commander, U.S. Army Infantry School based on the recommendation of the field commander (colonel or above) of the individual in question, if in the opinion of that commander the individual has exhibited a pattern of behavior, expertise or duty performance that is inconsistent with expectations of the Army, that is, that Ranger qualified Soldiers continuously demonstrate enhanced degrees of confidence, commitment, competency and discipline.  Award of the Ranger Tab may be revoked for the following under any of the following conditions:

* dismissal, dishonorable discharge or conviction by courts-martial for desertion in time of war
* refusal to accept assignment to a Ranger coded position
* failure to maintain prescribed standards of personal fitness and readiness to accomplish missions commensurate with position and rank
* upon relief or release for cause

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 635-5 states item 11 of the DD Form 214 will show the titles of all MOS served for at least 1 year and that the data for item 11 will be obtained from the ERB.  It appears MOS 11B1G was entered in error.  The applicant's ERB shows he served in MOS 11B1P for more than one year, but does not show he served in MOS 11B1G.  Because the SQI "P" is higher in precedence than SQI "G," removing the erroneous MOS entirely will do the applicant no harm.  Therefore, it would be appropriate to correct item 11 of his DD Form 214 by deleting MOS 11B1G and adding MOS 11B1P.

2.  It is noted the applicant did not serve in either MOS 11B1G or 11B1P for the 3 years shown in item 11 of his DD Form 214.  The available documentation shows he served in MOS 11B1P for 2 years and 3 months.  However, because this error was made more than 6 years ago and does no harm to the applicant or the Army, it should not be corrected.

3.  Permanent orders awarded him the AAM, CIB, and EIB.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  His record includes orders showing he completed Ranger School and was awarded the Ranger Tab.  However, he was discharged in lieu of trial by court martial, which indicates he committed an offense or offenses for which the authorized punishment includes a punitive discharge.  This equates to exhibition of a pattern of behavior inconsistent with expectations of the Army that warranted revocation of the Ranger Tab.  Considering that fact, it would be inappropriate to presume the absence of the Ranger Tab on his DD Form 214 is an error.  Therefore, he is not entitled to correction of his DD Form 214 to show the Ranger Tab.  

5.  He provides orders showing he was awarded the Parachutist Badge, indicating he completed Airborne School.  Army Regulation 600-8-22 states the Parachutist Badge will be revoked when the awardee initiates action which results in termination of airborne status before he completes 36 cumulative months of airborne duty.  His discharge in lieu of trial by court-martial was the result of his voluntary request and was also, in effect, initiation of action resulting in termination of his airborne status before he completed 36 cumulative months of airborne duty.  There is no evidence showing he participated in a combat jump, in which case he would be entitled to retain the badge.  Therefore, he is not entitled to correction of his DD Form 214 to show the Parachutist Badge. 
6.  He completed Ranger School and Airborne School.  He is entitled to correction of his DD Form 214 to show this military education.

7.  His service made him eligible for the GWOTEM.  He is entitled to correction of his DD Form 214 to show this award.

8.  The evidence of record does not show and he has not provided evidence showing the starting date of his service in Kuwait/Iraq was 1 February 2003 or that he served in Afghanistan.  DFAS records show he received HF/IDP for Kuwait from 8 March through 3 April 2003 and for Iraq from 3 November 2011 through 5 January 2004.  

9.  The available documentation does not contain sufficient information to verify the exact dates of his initial period of service in Kuwait/Iraq.  This being the case, it must be presumed the entry on his DD Form 214 is correct.

10.  He states he served in Afghanistan from 1 November 2011 to 1 January 2004; however, he has not provided documentary evidence to support that statement and his record is void of documentation confirming his statement.  DFAS records show he served in Iraq from 3 November 2011 through 5 January 2004.  It appears this is the best available record of his second period of deployed service.  Therefore, it would be appropriate to correct his DD Form 214 to show this period of service in Iraq.  

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 making the following changes to his DD Form 214:

	a.  delete "11B1G" from item 11; 

	b.  add "11B1P" to item 11; 

	c.  add the AAM, GWOTEM, CIB, and EIB to item 13;

	d.  delete "NONE//NOTHING FOLLOWS" from item 14; 

	e.  add "Ranger Course, 12 weeks, 2004" and "Airborne Course, 3 weeks, 2002" to item 14; and

	f.  add "Service in Iraq from 20031103 - 20040105" to item 18.

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 the Ranger Tab, Parachutist Badge, beginning date of service in Kuwait/Iraq, and service in Afghanistan.  



      _______ _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)                                         AR20110000083





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ABCMR Record of Proceedings (cont)                                         AR20110000083



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