IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110022087 


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:

   a.  Award of the Special Forces (SF) Tab.

	b.  Correction of his military records to show military occupational specialty (MOS) 18B (SF Weapons Sergeant).

2.  The applicant states:

	a.  He served in an SF weapons sergeant billet in MOS 18B on SF Operational Detachment A-Team on a combat tour during Operation Enduring Freedom (OEF) in Afghanistan for an extended period of time exceeding 
180 days.

	b.  He was awarded the Combat Infantryman Badge (CIB) and a Bronze Star Medal (as an SF weapons sergeant after being deployed for over 180 days in Afghanistan).

	c.  His unit submitted paperwork for the SF Tab and it was not processed or approved due to the high pace of combat operations during this period.

	d.  The basic eligibility criteria for the SF Tab in Army Regulation 600-8-22 (Military Awards), in effect during his deployment, stated subsequent to 1955 Reserve Component (RC) personnel must have successfully served for 
120 consecutive days, or more, as a company grade officer or enlisted member of an SF Operational Detachment (A-Team), Mobile Strike Force, SF Reconnaissance Team or SF Special Project Unit and must have been awarded the CIB or Combat Medical Badge (CMB).

	e.  The Bronze Star Medal citation corroborates he served as a weapons sergeant in OEF working for Combined Joint Special Operations Task Force – Afghanistan.  Statements from his team sergeant and commanding officer show he was deployed in that billet in excess of 180 days.

	f.  Following his combat tour, he returned to the United States and his home unit.  His unit submitted the paperwork for the SF Tab and MOS change to 18B to the Commander, U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWC), Fort Bragg, NC.  Due to the pace of wartime demands, multiple deployments, and other events beyond anyone's control, the necessary follow-up did not take place and the award was not processed. 

	g.  After he returned from his combat tour, the Army changed the regulation (December 2006) that precludes an award of the SF Tab for combat members of an SF A-Team having served in combat for more than 120 days.  Now, SF 
A-Team members who served in an SF billet in combat over 120 days cannot be awarded the SF Tab unless they attended a Q-Course (designed to prepare candidates for SF combat tours).  The new regulation has exclusionary language preventing Soldiers who served in an SF billet as an A-Team member conducting specific SF MOS tasks in combat from an SF Tab award after 1975 if they did not attend the Q-Course.     

	h.  The absence of Q-Course credentials was not an issue to his A-Team members in combat.  The main purpose of the SF Q-Course is to screen Soldiers under simulated combat conditions in training environments to minimize exposure of SF A-Teams to additional danger during a combat deployment.  Thus the denial of SF Tab in this case is illogical, makes no sense, and is contrary to the spirit of earlier SF Tab awards, especially given the fact that A-Team members serving in an SF billet in combat make up a minority of an SF group.  

3.  The applicant provides nine exhibits outlined in his addendum. 

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 was ordered to active duty from the Army National Guard on 
1 August 2003 in support of OEF.  He served in Afghanistan from 9 September 2003 to 6 June 2004.  On 25 July 2004, he was released from active duty. 

3.  His DD Form 214 for the period ending 25 July 2004 does not show the SF Tab as an authorized award.  Item 11 (Primary Specialty) of his DD Form 214 shows the entry "11B2V 00 INFANTRYMAN - - 1 YRS – 0 MOS//NOTHING FOLLOWS."  

4.  Orders show he received the CIB effective 15 December 2003.

5.  A DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) covering the period December 2003 through November 2004 shows his primary MOS is 11B (Infantryman) and his duty MOS was 18B.

6.  He provided orders for the Bronze Star Medal, dated 8 May 2004, which states he served as the junior weapons sergeant during OEF. 

7.  There are no orders for the SF Tab in the available records.

8.  There is no evidence of record which shows he completed an approved RC SF qualification program/course.

9.  There are no orders which show he was awarded MOS 18B.   

10.  He provided a statement, dated 4 October 2004, from his team sergeant at the time in question.  He attests:

* The applicant was assigned to Operational Detachment Alpha  (ODA) 
      931 from 1 September 2003 to 1 June 2004
* He was deployed to Afghanistan and served as the junior weapons sergeant for the detachment due to his experience as a ranger qualified reconnaissance Marine
* He demonstrated all the abilities of a graduate of the SF qualification course
* He led numerous combat patrols of indigenous forces as the assistant patrol leader or as the only SF patrol leader
* He was awarded the CIB and Bronze Star Medal
* He recommends the applicant be awarded the SF Tab and MOS 18B

11.  He provided a statement, dated 24 October 2011, from a sergeant major.  He attests:

* In the fall of 2003 he was deployed to Afghanistan serving as the operations sergeant for ODA 931 assigned to the Combined Joint Special Operations Task Force – Afghanistan
* During this time an exception to policy was put out allowing ODA's that were under strength to assign Soldiers who were not SF qualification course graduates but were otherwise highly qualified
* The applicant was a ranger qualified former reconnaissance Marine and was assigned to his ODA in MOS 18B for the deployment
* He served in that capacity fulfilling all the duties and responsibilities of MOS 18B and participating in numerous missions 

12.  He provided an undated statement from his team commander at the time in question.  He attests:

* The applicant was assigned to ODA 931 for mobilization to Afghanistan in August 2003 as an MOS 11B filling an MOS 18B slot
* The ODA did not have an 18B at the time and greatly appreciated the technical and tactical knowledge the applicant provided for the team
* While acting as an SF advisor in December 2003 the applicant's patrol came under intense small arms fire and rocket propelled grenades and the applicant dismounted the vehicle and gave the major sound tactical advice
* For this action he received the CIB
* He was pressured by a member in the Forward Operating Base to have the applicant pulled from the team because there were 18 series NCOs who were not out in the firebases angered by the applicant's ability to go on patrols
* He explained he would not give up or trade the applicant for any 18 series NCO because his expert infantry skills and enthusiasm to work hard was invaluable to the team
* Although he was never school trained in unconventional warfare he became very adept at it and saw the importance of relationship building with the locals for their own protection and mission success
* The applicant spent over 250 days with ODA 931 successfully filling the 18B slot
* He would certainly take this man into a combat zone again  

13.  Army Regulation 600-8-22, dated 11 December 2006, states the SF Tab may be awarded to any person meeting one of the following criteria:  

* Successful completion of USAJFKSWCS - approved Active Army (AA) institutional training leading to SF qualification
* Successful completion of a USAJFKSWCS- approved Reserve Component (RC) SF qualification program
* Successful completion of an authorized unit-administered SF qualification program

14.  For RC SF qualification programs, the SF Tab may be awarded to all personnel who successfully complete an RC SF qualification program according to Training and Doctrine Command (TRADOC) Regulation 135–5, dated 1 June 1988 or its predecessors and who were subsequently awarded, by competent authority, SQI “S” or “3” in MOS 11B, 11C, 12B, 05B, 91B, or ASI “5G” or “3.”  USAJFKSWCS will determine individual entitlement for award of the SF Tab based on historical review of Army, Continental Army Command, and TRADOC regulations prescribing SF qualification requirements in effect at the time the individual began an RC SF qualification program.  

15.  Army Regulation 600-8-22 further states the SF Tab may be awarded retroactively to all personnel who performed the following wartime service:
      
	a.  From 1942 through 1973.  Served with an SF unit during wartime and were either unable to or not required to attend a formal program of instruction but were awarded the SQI of “S,” “3,” or ASI “5G” by competent authority.

	b.  Prior to 1954.  The SF Tab may be awarded prior to 1955 for at least 
120 consecutive days in one of the following organizations:
      
		(1) 1st Special Service Force, August 1942 to December 1944.

		(2) Office of Strategic Services (OSS) Detachment 101, April 1942 to September 1945.
      
		(3) OSS Jedburgh Detachments, May 1944 to May 1945.
      
		(4) OSS Operational Groups, May 1944 to May 1945.
      
		(5) OSS Maritime Unit, April 1942 to September 1945.

		(6) 6th Army Special Reconnaissance Unit (Alamo Scouts), February 1944 to September 1945.
      
		(7) 8240th Army Unit, June 1950 to July 1953.

	c.  From 1954 through 1975.  Any company grade officer or enlisted member awarded the CIB or CMB while serving for at least 120 consecutive days in one of the following type organizations:
      
		(1) SF Operational Detachment-A (A–Team).
      
		(2) Mobile Strike Force.
      
		(3) SF Reconnaissance Team.
      
		(4) SF Special Project Unit.

16.  Army Regulation 600-8-22, dated February 1995, states the basic eligibility criteria for the SF Tab for RC Soldiers in an active Reserve status is successful completion of the Resident SF Qualification Course, the RC SF Qualification Course or an approved program of instruction per the U.S. Training and Doctrine Command.  An additional requirement for the SF Tab states subsequent to 1955 RC personnel must have successfully served for 120 consecutive days, or more, as a company grade officer or enlisted member of a SF Operation Detachment (A-Team), Mobile, Strike Force, SF Reconnaissance Team or SF Special Project Unit and must have been awarded the CIB or CMB for such service.
    
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the SF Tab. 

2.  He contends he met the basic eligibility criteria for the SF Tab per the regulation in effect during his deployment.  However, Army Regulation 600-8-22, dated February 1995, states the basic eligibility criteria for the SF Tab for RC Soldiers in an active Reserve status is successful completion of the Resident SF Qualification Course, the RC SF Qualification Course or an approved program of instruction per the U.S. Training and Doctrine Command.    

3.  There are no orders for the SF Tab in the available records.  There is also no evidence he successfully completed an RC SF qualification program.   Therefore, there is insufficient evidence on which to base award of the SF Tab in this case.  
4.  The applicant requests his military records be corrected to show MOS 18B.  Although the available evidence shows his duty MOS was 18B during OEF there are no orders which show he was awarded MOS 18B.  Therefore, there is insufficient evidence on which to amend item 11 of his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20110022087



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022087



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1