IN THE CASE OF:	  

		BOARD DATE:	    3 November 2011

		DOCKET NUMBER:  AR20110008499 


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 award of the Parachutist Badge, Ranger Tab, Combat Infantryman Badge, Overseas Service Ribbon, and Iraq and Afghanistan Campaign Medals in addition to adding his Ranger Indoctrination Program training and any other awards and decorations to which he is entitled.

2.  The applicant states he earned the awards while serving as an airborne ranger in the 3rd Ranger Battalion, 75th Ranger Regiment.

3.  The applicant provides:

* DD Form 214
* Orders 289-3424, dated 16 October 2003
* Permanent Orders 103-02, dated 3 February 2004
* Permanent Orders [unnumbered], dated 8 March 2004
* DA Form 1307 (Individual Jump Record)
* Verification of Military Experience and Training, two pages

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 12 June 2003.  He was trained in and awarded military occupational specialty 11B (Infantryman).  He received a discharge under other than honorable conditions on 18 November 2004.  His characterization of service was upgraded to general under honorable conditions on 8 September 2008.  The DD Form 214 he was issued shows he completed 1 year, 5 months, and 7 days of creditable active service during this period.

3.  His DD Form 214 issued at the time of his discharge shows:

	a.  in item 12f (Foreign Service) he served 3 months and 5 days of service;

	b.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Presidential Unit Citation (Army-Air Force)
* Global War on Terrorism Expeditionary Medal 
* Global War on Terrorism Service Medal 
* Army Service Ribbon

	c.  in item 18 (Remarks) service in Iraq/Afghanistan from 30 December 2003 to 4 April 2004.

4.  The applicant provides Orders 289-3424 issued by Headquarters, U.S. Army Infantry Center, Fort Benning, dated 16 October 2003, which show he was awarded the special qualification identifier "P" on 3 October 2003 to indicate he was a qualified parachutist.  His DA Form 1307 shows he executed the requisite five parachute jumps in order to be eligible for the badge in a peacetime scenario.

5.  The applicant's Enlisted Record Brief, section IX (Assignment Information), shows he was assigned to the Ranger Indoctrination Training Detachment on 13 December 2003.  Section VI (Military Education) of this form does not show he successfully completed ranger training.  Section VIII (Awards and Decorations) does not show award of the Ranger Tab.

6.  The applicant provides a two-page Verification of Military Experience and Training which shows he completed a 3-week Ranger Indoctrination Program training course in December 2003.

7.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  Specific requirements state that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy to close with and destroy the enemy with direct fires.

8.  The Iraq Campaign Medal is awarded to members who 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 2009-31 August 2010)
* New Dawn (1 September 2010-date to be determined)

9.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who 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 2006-30 November 2009)
* Consolidation III (1 December 2009-date to be determined)

10.  Army Regulation 600-8-22 states service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Afghanistan Campaign Medal or Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

11.  According to the Awards Branch of the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour (rules 6 and 8 of 
table 3-2 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas/Date of Return from Overseas (DROS)), Army Regulation 614-30 (Overseas Service), apply).

12.  Army Regulation 614-30, table 3-2, states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour and the curtailment is for the convenience of the government and through no request from or fault of the Soldier.

13.  Army Regulation 600-8-22 states 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.

15.  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 and 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 for the preparation of the DD Form 214.  It states for item 13, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.  It further states for item 14, list in-service training courses, title, number of weeks, and year successfully completed during this period of service.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of the Parachutist Badge, Ranger Tab, Combat Infantryman Badge, Overseas Service Ribbon, Iraq and Afghanistan Campaign Medals, Ranger Indoctrination Program training, and any other awards and decorations to which he is entitled has been carefully considered and found to have partial merit.

2.  Orders awarded him the "P" special qualification identifier on 3 October 2003.  His DA Form 1307 shows he executed the requisite five parachute jumps in order to be eligible for the badge in a peacetime scenario.  Therefore, he is entitled to have this special skill badge shown in item 13 of his DD Form 214.

3.  With respect to Ranger Indoctrination Program training, the evidence shows the applicant received credit during a Verification of Military Experience and Training for successfully completing the 3-week course.  However, this course is clearly a training course for combat skills.  In accordance with Army Regulation 635-5 which governs the preparation of separation documents, it would not be appropriate to annotate this course on his DD Form 214.  The applicant is advised that this Record of Proceedings will be filed in his military service records to show his completion of this training.

4.  There is no evidence in the available records and he did not submit sufficient evidence which shows he was personally present and participated in combat operations during the time his infantry unit engaged in active ground combat to close with and destroy the enemy with direct fires.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

5.  The evidence shows the applicant served in Iraq/Afghanistan for a cumulative qualifying period of service of only 3 months and 5 days.  For award of the 


Overseas Service Ribbon, a Soldier must serve a minimum of 11 cumulative months or 9 continuous months to meet the eligibility criteria for award of the Overseas Service Ribbon.  Therefore, the applicant is not entitled to correction of his record to show this award.

6.  The record shows the applicant was awarded the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.  Therefore, he is not entitled to award of the Iraq Campaign Medal or Afghanistan Campaign Medal at this time.  If the applicant later requests the Iraq Campaign Medal or Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal, the Board will require the applicant to provide evidence of the dates of service in each country to aid in the determination of bronze service stars.

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 adding the Parachutist Badge to item 13 of his DD Form 214 for the period ending 18 November 2004.

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 award of the Ranger Tab, 


Ranger Indoctrination Training, Combat Infantryman Badge, Overseas Service Ribbon, and Iraq and Afghanistan Campaign Medals on his DD Form 214.



      _______ _   _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)                                         AR20110008499



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ABCMR Record of Proceedings (cont)                                         AR20110008499



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