IN THE CASE OF:	  

		BOARD DATE:  7 February 2012

		DOCKET NUMBER:  AR20110014065 


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:

	a.  in Item 8 (Last Duty Assignment and Major Command) the entry HHC,
2nd BN, 504th PIR, 82nd ABN DIV, FC;

	b.  in Item 11(Primary Specialty) the entry 11C1P, Indirect Fire Infantryman, Airborne qualified 3 years - 9 months;

	c.  in Item 12f (Foreign Service) a total of 92 days in Iraq and 227 days in Afghanistan;

	d.  in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Combat Infantryman Badge, and any other awards issued to his unit during the time he was deployed; and

	e.  in Item 14 (Military Education) his Advanced Infantry Training, Indirect Fire School 11C1P00; Airborne School; and Land Navigation School.

2.  The applicant makes no statement.


3.  The applicant provides:

* His DD Form 214
* A certificate for award of the Army Achievement Medal
* Page 1 of 4, Verification of Military Experience and Training
* A DA Form 5964-R (Gunner's Examination Scorecard - Mortars
* A DA Form 1307 (Individual Jump Record)
* A Service Member Deployment History Verification
* Orders 365-14, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 31 December 2003, and personnel listing
* Orders 120-0279, issued by the 82nd Soldier Support Battalion, Fort Bragg, dated 29 April 2004

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.  On 31 May 2001, the applicant enlisted in the Regular Army.  His enlistment contract indicated he understood he would be trained in military occupational specialty (MOS) 11B (Infantryman), 11C, or 11H (Heavy Anti-Armor Infantryman).

3.  A DA Form 5964-R, provided by the applicant, shows that on 5 June 2002, he qualified as an expert gunner with the mortar.

4.  A DA Form 1307, provided by the applicant, shows he made 16 parachute jumps from 12 November 2001 through 27 April 2004.

5.  Permanent Orders Number 129-184, issued by Headquarters, 2nd Battalion, 504th PIR, 82nd Airborne Division, dated 28 May 2003, awarded the applicant the Army Achievement Medal for meritorious achievement in support of 


Operation Enduring Freedom (OEF) while assigned to Headquarters and Headquarters Company, 2nd Battalion, 504th PIR.

6.  The Verification of Military Experience and Training shows the applicant's Primary MOS was 11C1O and that he held this MOS from July 2001.

7.  The applicant's deployment history verification indicates:

	a.  he was deployed in support of OEF in Afghanistan from 6 December 2002 to 21 July 2003 (7 months and 16 days); and

	b.  he was deployed in support of Operation Iraqi Freedom (OIF) in Iraq from 
14 January to 15 April 2004 (3 months and 2 days).

8.  Permanent Orders 091-636, issued by Headquarters, Coalition Task
Force 82, Bagram Airfield, Afghanistan, dated 1 April 2003, awarded the applicant the Combat Infantryman Badge for the period from 5 December 2002 to 31 April 2003.

9.  On 2 July 2004, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist (SPC)/E-4.  He completed 3 years, 1 month, and
2 days of creditable active service.  His DD Form 214 shows in:

	a.  Item 8a the entry 020504 INBN HHC FC;

	b.  Item 11 the entry 11B1P 00 INFANTRYMAN--3 YRS - 9 MOS;

	c.  Item 12f the entry 0000  00  00;

	d.  Item 13 the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Parachutist Badge;

	e.  Item 14 the entry None; and

	f.  Item 18 (Remarks) no deployment entries.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual
military decorations, Army Good Conduct Medal, service medals and ribbons,


combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of 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)
* Operation New Dawn (1 September 2010 - 31 December 2011)

	b.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of 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 - 30 June 2011)
* Transition I (1 July 2011 - 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.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active 


Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  According to the Awards Branch at 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.  For time determination,
16 days or more count as a month.

12.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.  It states for:

	a.  Item 8a, enter the last duty assignment and the major command with the corresponding two character assignment code.

	b.  Item 11, enter the first five characters of the enlisted Soldier's MOS and include the years and months served.

	c.  Item 12f, enter the Soldier's total overseas service during the period of the report.

	d.  Item 13, enter all decorations, medals, badges and campaign ribbons awarded or authorized for all period of service.

	e.  Item 14, enter formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  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.

	f.   Item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends Items 8, 11, 12f, 13, and 14 of his DD Form 214 should be corrected:

2.  The available evidence shows the applicant was assigned to the 504th PIR, 82nd Airborne Division.  The current entry in Item 8a of the applicant's DD Form 214 does not show this unit.  Therefore, his DD form 214 should be corrected to show his complete unit of assignment.

3.  The available evidence consistently shows the applicant held MOS 11C1P (Indirect fire Infantryman – airborne qualified) during his entire period of active service, less approximately 4 months for his initial training.  Therefore, the entry in Item 11 of his DD Form 214 should be corrected accordingly.

4.  The available evidence shows the applicant was deployed to Afghanistan in support of OEF from 6 December 2002 to 21 July 2003 for a period of 7 months and 16 days and to Iraq in support of OIF from 14 January to 15 April 2004 for a period of 3 months and 2 days.  Therefore, his DD Form 214 should be corrected to show his total foreign service time as 10 months and 18 days.

5.  The applicant served during a qualifying period for award of the Afghanistan Campaign Medal with 1 bronze service star and the Iraq Campaign Medal with
1 bronze service star.  Therefore, his DD form 1214 should be corrected to show these awards.

6.  The available evidence shows the applicant was awarded the Army Achievement Medal for meritorious achievement in support of OEF.  Therefore, his DD Form 214 should be corrected to show this award.

7.  The applicant's combined overseas service in Afghanistan and Iraq equaled 10 months and 18 days or 11 months, that qualify him for award of the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

8.  Permanent orders awarded the applicant the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this award.

9.  The entry of military training on the DD Form 214 is for the purpose of assisting with job placement.  Therefore, training courses for combat skills will not be entered.  Therefore, there is no basis for entering the applicant's advanced infantry training and indirect fire training on his DD Form 214.


10.  The available records do not provide the specific dates of the applicant's airborne and land navigation training.  Without the specific information, accurate entries cannot be made on his DD Form 214.  Should he have, or be able to obtain documentation confirming the course location, title, and the specific beginning and ending dates, he may submit another application for consideration.

11.  The available evidence shows the applicant was deployed to Afghanistan from 6 December 2002 - 12 July 2003 and to Iraq from 14 January 2004 - 
15 April 2004.  Therefore, his DD Form 214 should be corrected to show these two deployments.

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:

	a.  deleting from Item 8a of his DD Form 214 the current entry and replacing it with the entry "HHC, 2nd BN, 504th Parachute Infantry Regiment, 82nd Airborne Division, FC";

	b.  deleting from Item 11 of his DD Form 214 the current entry and replacing it with the entry "11C1P, Indirect Fire Infantryman, Parachutist, 2 years – 
9 months";

	d.  deleting from Item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  10  18;

	e.  adding to Item 13 of his DD Form 214 the:

* Army Achievement Medal


* Iraq Campaign Medal with 1 bronze service star
* Afghanistan Campaign Medal with 1 bronze service star
* Overseas Service Ribbon
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar

	f.  adding to Item 18 of his DD form 214 the entry "SERVICE IN AFGHANISTAN FROM 20021206 - 20030712//SERVICE IN IRAQ FROM 20040114 - 20040415."

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 showing his military training 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)                                         AR20110014065



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ABCMR Record of Proceedings (cont)                                         AR20110014065



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