IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110014632
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 additional time served in his military occupational specialty (MOS), and also all of his foreign service, awards, and military education.
2. The applicant states his DD Form 214 is incorrect. It shows he served in his MOS for 2 years and 9 months, but it should show 3 years and 1 month. It does not show any foreign service, but he served overseas for 1 year, 1 month, and
1 day. Also, the Army Commendation Medal (2nd Award), Army Achievement Medal, Army Good Conduct Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Southwest Asia (SWA) campaign, Combat Infantryman Badge (CIB), and Combat Driver Badge are not listed on the DD Form 214. In addition, his military education of Driving School; Nuclear, Biological, Chemical Warfare School; and Combat Lifesaver training are not listed.
3. The applicant provides a copy of 1st Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC, memorandum for record, dated 23 April 2004, subject: PERSTEMPO, that shows he was deployed during Operation Enduring Freedom (OEF) from 7 July 2002 through 15 January 2003 and Operation Iraqi Freedom (OIF) from 14 August 2003 through 15 March 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. The applicant enlisted in the Regular Army on 30 April 2001 for a period of
3 years.
3. A review of the applicant's military personnel records shows he was awarded MOS 11B (Infantryman). However, the review failed to reveal orders or any evidence showing the date he was awarded MOS 11B.
4. The applicant was assigned to Company C, 1st Battalion, 505th Parachute Infantry Regiment. He was promoted to specialist (E-4) on 1 December 2002.
5. A DA Form 4980-14 (Army Commendation Medal) certificate shows that Headquarters, 3rd Brigade, 82nd Airborne Division, Fort Bragg, NC, Permanent Order Number 347-33, dated 13 December 2002, awarded the applicant the Army Commendation Medal for meritorious service during combat operations in support of OEF in Afghanistan from 7 July 2002 to 14 January 2003.
6. A DA Form 4980-14 shows that Headquarters, 3rd Brigade, 82nd Airborne Division, Fort Bragg, NC, Permanent Order Number 103-29, dated 12 April 2004, awarded the applicant the Army Commendation Medal for meritorious service during combat operations in support of OIF from 13 August 2003 to 13 February 2004.
7. The applicant's DD Form 214 shows he was honorably released from active duty on 29 May 2004 based on completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement). It also shows in:
a. item 11 (Primary Specialty): "11B1P 00 INFANTRYMAN - 2 YRS -
9 MOS//NOTHING FOLLOWS";
b. item 12 (Record of Service):
(1) block c (Net Active Service This Period): 3 years, 1 month, and 0 days; and
(2) block f (Foreign Service): fails to show he completed any foreign service during this period;
c. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge;
d. item 14 (Military Education): "NONE//NOTHING FOLLOWS"; and
e. item 18 (Remarks): does not show the applicant deployed with his unit to SWA or the period of any such deployment.
8. A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Army Achievement Medal, Army Good Conduct Medal, GWOTEM, campaign participation, the CIB, or Driver and Mechanic Badge. The review also failed to reveal any evidence that he completed Driving School; Nuclear, Biological, Chemical Warfare School; or Combat Lifesaver training.
9. There is no evidence the applicant's commanding officer denied the applicant award of the Army Good Conduct Medal and there is no adverse information in the applicant's military personnel records.
10. During the processing of this case, the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant's receipt of hostile fire pay/imminent danger pay (HFP/IDP). DFAS confirmed the applicant received HFP/IDP:
* from 13 July 2002 through 15 January 2003 for Afghanistan
* from 18 August 2003 through 26 March 2004 for Kuwait
11. During the processing of this case, an ABCMR staff member contacted the applicant to obtain supporting documentation regarding his service in Iraq, awards, and military education that he requests, along with his preference concerning the GWOTEM in lieu of the Afghanistan Campaign Medal (ACM)/
Iraq Campaign Medal (ICM).
a. The applicant strongly asserted that he served in Iraq, that he had been awarded all of the decorations he is requesting, and that he attended the military training. However, he did not provide any additional supporting documents.
b. With respect to a preference regarding award of the GWOTEM or the ACM/ICM for his service in support of OEF/OIF, the applicant indicated he would prefer award of the ACM and ICM in lieu of the GWOTEM.
12. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after
1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
c. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) 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. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.
d. The ACM is awarded to members of the Armed Forces of the United States who have served in direct support of OEF. The 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.
(1) A bronze service star is authorized for wear with the ACM for participation in each credited campaign.
(2) During the applicant's overseas tour in Afghanistan from 7 July 2002 to 15 January 2003, participation credit was awarded for the Consolidation I
(1 December 2001 - 30 September 2006) campaign.
e. The ICM is awarded to members of the Armed Forces of the United States who served in direct support of OIF. The AOE encompasses all the land area of the country of Iraq and 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 period of eligibility is on or after 19 March 2003 to the cessation of operations in Iraq on 31 December 2010.
(1) A bronze service star is authorized for wear with the ICM for participation in each credited campaign.
(2) During the applicant's overseas tour in Iraq from 14 August 2003 to
26 March 2004, participation credit was awarded for the Transition of Iraq (2 May 2003 - 28 Jun 2004) campaign.
f. Only one award of the ACM and ICM may be authorized for any individual. No service member will be entitled to both the ACM/ICM and GWOTEM for the same act, achievement, or period of service. Upon application, such a service member may be authorized the ACM/ICM in lieu of the GWOTEM.
g. Army Regulation 600-8-22, as amended by Military Personnel Message 08-190, states the CIB 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.
(1) Specific requirements state that an Army Soldier must have an infantry or special forces MOS 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.
(2) Award of the CIB in support of OEF is authorized from 24 October 2001 to a future date to be determined. Award of the CIB in support of OIF is authorized from 19 March 2003 to 31 December 2010. Subsequent awards of the CIB are not authorized for the same qualifying period (e.g., during the GWOT). It is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all of these areas.
h. The eligibility criteria for the Driver and Mechanic Badge for drivers require that a Soldier must:
(1) qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator's Identification Card), issued as prescribed by Army Regulation 600-55;
(2) be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft); and
(3) perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.
(a) Component bars are authorized only for the following types of vehicles and/or qualifications:
* Driver-W (for wheeled vehicles)
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)
(b) Award of the Driver and Mechanic Badge is announced in permanent orders.
13. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.
a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief
(ORB/ERB), enlistment/reenlistment documents, personnel/finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).
b. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. It shows for:
(1) item 11: from the ERB/ORB, enter the titles of all MOS or AOC (Areas of Concentration) served for at least 1 year and include for each MOS/AOC the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training;
(2) item 12: use extreme care in completing this block since post-service benefits, final pay, and retirement credit are based upon the information contained herein;
(a) block c: enter the amount of service this period, computed by subtracting item 12, block a, from item 12, block b;
(b) block f: enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., item 12, block c). To compute this entry, obtain the foreign service from the PQR or ERB. If necessary, verify the foreign service in the MPRJ and/or OMPF;
(3) item 13: entries will be for all periods of service. Check the Soldier's military service records for the validity of awards. Do not abbreviate when listing the entries. List the entries in order of precedence; and
(4) item 18, use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks. For an active duty Soldier deployed 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 that his DD Form 214 should be corrected to show additional time served in his MOS, and all of his foreign service, awards, and military education.
2. The applicant was awarded MOS 11B; however, there are no orders or other evidence showing the date he was awarded the MOS.
a. Records show the applicant entered active duty on 30 April 2001 and he completed 3 years and 1 month of net active service.
b. It is reasonable to conclude that the applicant's attendance at both basic and advanced individual training would have accounted for at least 4 months of training. Thus, this would have resulted in award of his MOS 11B on or about
1 September 2001 and him having served in the MOS for 2 years and 9 months.
c. The regulation governing entry of an MOS in item 11 of the DD Form 214 instructs not to count basic training and advanced individual training as time served in the MOS. Therefore, based on the available evidence, the entry in item 11 of the DD Form 214 is deemed to be correct.
3. Available records and evidence shows the applicant served in Afghanistan in support of OEF from 7 July 2002 through 15 January 2003 and Kuwait/Iraq in support of OIF from 14 August 2003 through 26 March 2004.
a. calculation of these two periods of service shows the following:
2003 01 15 date of redeployment
- 2002 07 07 date of deployment - Afghanistan
= 00 06 08
+ 1 day inclusive
= 00 06 09 foreign service
2004 03 26 date of redeployment
- 2003 08 14 date of deployment - Kuwait/Iraq
= 00 07 12
+ 1 day inclusive
= 00 07 13 foreign service
b. the total amount of foreign service shows:
00 06 09 foreign service - Afghanistan
+ 00 07 13 foreign service - Kuwait/Iraq
= 01 01 22 total foreign service
c. Thus, it would be appropriate to show this total period of foreign service in item 12, block f, of the applicant's DD Form 214. It would also be appropriate to correct item 18 of his DD Form 214 to show he served in Afghanistan and Kuwait/Iraq during the above cited periods.
4. The evidence of record shows permanent orders awarded the applicant two awards of the Army Commendation Medal.
5. Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.
a. In addition to his two awards of the Army Commendation Medal, he was promoted to specialist (E-4) with 19 months of active service.
b. There is no evidence that the applicant's commander denied the applicant award of the Army Good Conduct Medal.
c. Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal.
6. Records show the applicant qualified for award of the GWOTEM for his service in support of the GWOT in Afghanistan and/or Iraq. Records also show the applicant qualified for award of the ACM and ICM in lieu of the GWOTEM based on his service in support of OEF (Afghanistan) and OIF (Iraq).
a. The applicant requests award of the ACM and ICM in lieu of the GWOTEM.
b. Records show the applicant served in Afghanistan during the Consolidation I campaign and in Iraq during the Transition of Iraq campaign.
c. Therefore, it would be appropriate to correct his records to show award of the ACM with one bronze service star and the ICM with one bronze service star.
7. The applicant's claim to the CIB was carefully considered.
a. There are no orders that show he was awarded the CIB. However, the evidence shows the applicant was awarded MOS 11B and he served during combat operations in Afghanistan and Iraq for more than 13 months while assigned to Company C, 1st Battalion, 505th Parachute Infantry Regiment.
b. In addition, he was awarded two awards of the Army Commendation Medal for his meritorious service during combat operations in OEF and OIF.
c. Thus, the available evidence supports award of the CIB in this case. Therefore, it would be appropriate to correct the applicant's records by awarding him the CIB.
8. There is no evidence that the applicant was awarded the Army Achievement Medal or the Driver and Mechanic Badge. There is also no evidence that he completed Driving School; Nuclear, Biological, Chemical Warfare School; or Combat Lifesaver training. Therefore, he is not entitled to correction of his records to show these two decorations or any of the military education.
9. In view of all of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his foreign service and authorized awards as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined there was insufficient evidence of record to show the applicant met the criteria for award of the Combat Infantryman Badge.
2. However, the Board determined that the evidence presented was sufficient to warrant partial relief in that the other corrections recommended by the staff should be approved. The Board therefore recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding the applicant the Army Good Conduct Medal (1st Award) for the period 30 April 2001 through 29 April 2004;
b. deleting the current entry in item 12, block f, of his DD Form 214 and adding the entry "01 01 22";
c. adding to item 13 of his DD Form 214 the:
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Afghanistan Campaign Medal with 1 bronze service star
* Iraq Campaign Medal with 1 bronze service star
d. adding to item 18 of his DD Form 214 the entry:
* "SERVICE IN AFGHANISTAN FROM 20020707-20030115"
* "SERVICE IN KUWAIT/IRAQ FROM 20030814-20040326"
3. 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 additional time served in his military occupational specialty, the Army Achievement Medal, Driver and Mechanic Badge, Combat Infantryman Badge, and military education.
_________XXX_____________
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) AR20110014632
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ABCMR Record of Proceedings (cont) AR20110014632
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