IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110016079 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his foreign service in Afghanistan, his awards of the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Global War on Terrorism Expeditionary Medal (GWOTEM), Joint Meritorious Unit Award (JMUA), and the Former Wartime Service Shoulder Sleeve Insignia (SSI-FWTS) of the 3d Battalion, 75th Ranger Regiment.  

2.  The applicant states that he served in Afghanistan during the period 20020620 – 20020930 and he was awarded the CIB, ARCOM, GWOTEM, JMUA and the SSI-FWTS; however, they were not included on his DD Form 214 at the time of his release from active duty (REFRAD).

3.  The applicant provides copies of orders awarding him the CIB, ARCOM, GWOTEM and SSI-FWTS.

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 19 January 2000 for a period of 3 years and training under the airborne, ranger, and infantry training option.  He completed all of his training at Fort Benning, Georgia and remained assigned to C Company, 3d Battalion, 75th Infantry Regiment. 

3.  Information obtained from the Defense Finance and Accounting Service (DFAS) indicates that the applicant served in Afghanistan during the period of 20020623 – 20021001 (3 months and 9 days).

4.  His records also show that he was awarded the CIB, ARCOM, GWOTEM, and was authorized to wear the SSI-FWTS of the 3d Battalion, 75th Infantry Regiment.

5.  On 25 January 2003 he was honorably REFRAD due to completion of required service.  He had served 3 years and 7 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Army Service Ribbon, Expert Infantryman Badge, and Parachutist Badge.

6.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states for:

	a.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and for

	b.  block 18, for an Active Component  Soldier deployed to a foreign country, enter the following statement:

* "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)"

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service (SSI-FWTS), commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration. 

8.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served 3 months and 9 days in Afghanistan and is entitled have that time entered in block 12f of his DD Form 214.

2.  He was also awarded the CIB, ARCOM, and the GWOTEM.  Accordingly, he is entitled to have those awards added to his DD Form 214.

3.  He also served during a qualifying period for award of the GWOTSM and is entitled to have that award added to his DD Form 214.

4.  He served in Afghanistan during the period 20020623 – 20021001and is entitled to have the entry “Service in Afghanistan 20020623 – 20021001” added to block 18 of his DD Form 214.

5.  However, the SSI-FWT is a uniform item and is not authorized for entry on the DD Form 214 as an award or decoration.






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:

* Deleting the entry “0000  00  00” from block 12f of his DD Form 214
* Adding the entry “0000  03  09” to  block 12f of his DD Form 214
* Adding the awards of the CIB, ARCOM, GWOTEM, and GWOTSM to block 13 of his DD Form 214
* Adding the entry “Service in Afghanistan 20020623 – 20021001” to block 18 of his DD Form 214

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 adding the SSI-FWT to his DD Form 214

3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20110016079





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ABCMR Record of Proceedings (cont)                                         AR20110016079



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