IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120000438 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) to show the Combat Infantryman Badge (CIB), four awards of the Army Commendation Medal (ARCOM), and a certificate of appreciation
* item 14 (Military Education)

* Airborne Course, 3 weeks, August 2004
* Nuclear, Biological, and Chemical (NBC) Defense Course, 80 hours, November 2004
* Combat Lifesaver Course, 40 hours, December 2004
* Blue Devil First Response (Skills Intensive) Course, 22 hours, December 2004
* Blue Force Tracking Operator Course, 40 hours, February 2005
* Combat Lifesaver Course, 40 hours, December 2006

2.  The applicant states that his DD Form 214 is missing awards, schools, certificates, CIB, etc.  He has submitted all appropriate paperwork except for CIB orders.  He was awarded the CIB during his Iraq deployment, but he does not have copies of those orders.  His awards from his Afghanistan deployment should cover requirements for the CIB.


3.  The applicant provides:

* six training certificates
* four DA Forms 638 (Recommendation for Award) for the ARCOM and the resulting certificates (page 1 of each form)
* Army Achievement Medal and NATO certificates
* one Certificate of Appreciation
* Soldier Deployment History Outprocessing Report
* DD Form 214

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’s military record shows he enlisted in the Regular Army on 22 April 2004 for 3 years.  He completed training and he was awarded military occupational specialty 11B (Infantryman).

3.  He provides copies of six certificates showing he successfully completed the:

* Airborne Course, 3 weeks, August 2004
* NBC Defense Course, 80 hours, 24 November 2004
* Combat Lifesaver Course, 40 hours, December 2004
* Blue Devil First Responder (Skills Intensive) Course, 22 hours, December 2004
* Blue Force Tracking Operator Course, 40 hours, February 2005
* Combat Lifesaver Course, 40 hours, December 2006

4.  He was issued a certification of appreciation for his outstanding performance during the U.S. Military Academy's Cadet Summer Training in 2005.


5.  He provides a copy of a certificate for award of the Army Achievement Medal for meritorious service in Iraq from 6 September 2005 to 15 January 2006 by Permanent Orders (PO) Number 016-432.  This award is listed on his 
DD Form 214.

6.  He also provides page 1 of a DA Form 638 and certificate recommending him for award of the ARCOM for the period 3 to 21 April 2007.  The DA Form 638 reads:

During Operation Achilles from 7 March to 21 April 2007 [applicant] was involved in numerous combat patrols.  During times when the dismounts were out checking caches, or enemy op's [operations], [applicant] took charge as the gunner and vehicle commander during these times.  His technical and tactical knowledge led to the accomplishment of the platoon's operations.  [Applicant] showed courage under fire during 
2 engagements with enemy combatants.  He was aware of the situation at all times, giving out distance direction and description while under fire.  [Applicant] helped maneuver the trucks on the enemy.  With his tactical and technical knowledge we successfully defeated the enemy.  [Applicant] was also involved in the recovery of a fallen coalition Soldier.

7.  The corresponding citation states the ARCOM was issued by Permanent Orders (PO) Number 130-41 on 9 May 2007 and reads, in part:

For meritorious service in combating terrorism in Operation Enduring Freedom (OEF) as an Airborne Infantry Anti-Tank Platoon Gunner.  From 3 April to 21 April 2007 [applicant] was involved in direct contact with the enemy on several occasions.  His strong soldiering skills coupled with his focus and ability to remain calm under pressure led to mission accomplishment and protected the lives of many of his fellow Soldiers.

8.  He also provides page 1 of a DA Form 638 and certificate recommending him for award of the ARCOM for the period 29 May to 9 June 2007.  The 
DA Form 638 reads:

On 30 May 2007, [applicant] performed his role as an Anti-tank gunner flawlessly.  [Applicant] showed great composure as he secured the mounted elements [sic] rear flank, as well as relayed essential information to the friendly dismounts as they advanced toward the crash site.  On 30 May 2007, shortly after arriving to [sic] the downed aircraft site in Kajaki Sofia, Afghanistan, [applicant] took command of his HMMVV (high-mobility multipurpose wheeled vehicle) while his section leader dismounted to move up to the crash site.  [Applicant] was able to quickly maneuver his truck into a position to lead the way out of the alley during the exfill.  His quick decision making and good judgment greatly increased the effectiveness of the platoon during the mission.  

9.  The corresponding citation states the ARCOM was issued by PO Number 265-004 on 24 September 2007 and reads:

For exceptionally meritorious service while serving as an Anti-tank driver against enemy forces in the town of Kajaki Sofia, Afghanistan, during recovery operations of a downed aircraft, [applicant] displayed the ability to make sound and timely decisions in a high pressure situation.  [Applicant] displayed the ability to make accurate concise radio transmissions and quick decision making, helped protect the lives of many of his fellow paratroopers, and ensured the success of the mission.  [Applicant's] actions reflect great credit upon himself, Task Force 1 Fury, the 82nd Airborne Division, and the United States Army.

10.  He further provides page 1 of a DA Form 638 and certificate recommending him for award of the ARCOM for the period 15 January 2007 to 15 April 2008.  The DA Form 638 reads:

As a Company D gunner and machine gun team leader, [applicant] lead [sic] his team through numerous missions in support of OEF VIII.  He was instrumental in the squad's successful completion of 11 missions throughout the Afghanistan theater, which included 5 air assaults and 
15 ground attack convoys.  [Applicant's] leadership and dedication enabled the squad to provide the platoon with heavy weapons support whatever the task or mission.  [Applicant] proved himself as a combat leader fighting ACM [Anti-Coalition Militia] forces in 5 direct engagements, recovery of a downed helicopter and 3 IED [improvised explosive device] mine strikes.  Whether providing machine gun or truck support, [applicant's] actions were efficient and effective.  [Applicant's] decisive action and calm under the most stressful conditions was critical to the platoon's victory over the enemy.  The platoon was credited for [sic] over 40 enemy killed in action in combat operations during OEF VIII.

11.  The corresponding citation states the ARCOM was issued by PO Number 307-84 and reads:

For exceptionally meritorious service while assigned to the 1st Battalion, 508th Parachute Infantry Regiment, the ISAF Theater Tactical Forces, during combat operations in Afghanistan.  [Applicant's] tactical and technical expertise, aggressive leadership, and commitment to mission accomplishments in a combat zone, under the most extreme circumstances, greatly contributed to the success of OEF VIII.  His selfless service and total professionalism reflect great credit upon himself, Task Force Fury, Combined Jointed Task Force-82, and the United States Army.

12.  He also provides page 1 of a DD Form 638 and certificate recommending him for award of the ARCOM for the period 20 June 2005 to 15 May 2008.  The DA Form 638 reads:

While assigned to the 1st Battalion, 508th Parachute Infantry Regiment, 82nd Airborne Division, [applicant] has served as a driver and gunner in Company D, as well as an assistant gunner and team leader for Company C.  No matter the task, [applicant] has always been the embodiment of a professional Soldier and the Army values.  Whether qualifying expert on his weapon system or directing fires in direct action, [applicant] has been on the cutting edge of tactical and technical proficiency.  At each level, [applicant] was fully aware of his duties and could always be counted on to execute.  During his tenure with the 1st Battalion, 508th Parachute Infantry Regiment, he was instrumental in 2 ITCs, 1 JRTC (Joint Readiness Training Center) rotation, 15 airborne operations, and 5 JFEXs (Joint Forces Exercise) 2 ORSs as well as 2 deployments in support of Operation Iraqi Freedom and OEF.  [Applicant] understood the hardship and rigorous life of an American paratrooper, but continued to drive on even through 9 months of stop loss.  Never fearing danger or a challenge, [applicant] is the true manifestation of the paratrooper spirit.  

13.  The corresponding citation states the ARCOM was issued by PO 136-108 and reads:

For exceptionally meritorious service while assigned to Company C, 1st Battalion, 508th Parachute Infantry Regiment.  [Applicant's] courage, dedication to duty, and outstanding leadership was instrumental I the success of the battalion's mission.  [Applicant's] performance and actions service, are in keeping with the finest traditions of military service and reflects great credit upon himself, the Blue Devils, 1 Fury, the 82nd Airborne Division, and the United States Army.

14.  A review of his official military personnel file (OMPF) located on the Integrated Personnel Electronic Records Management System (IPERMS) revealed an illegible copy of the ARCOM certificate for the period 3 to 21 April 2007.  This review failed to reveal the other three certificates for award of the ARCOM.  

15.  There are no orders in his OMPF that show he was awarded four awards of the ARCOM and the CIB.

16.  He was honorably released from active duty in pay grade E-5 on 18 July 2008, for completion of required active service, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows in:

* item 13 –

* Iraq Campaign Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization Medal
* Parachutist Badge

* item 14 – the entry, "NONE//NOTHING FOLLOWS"

* item 18 (Remarks) the entries, "SERVICE IN IRAQ FROM 20050906-20060106" and "SERVICE IN AFGHANISTAN FROM 20070122-20080416"

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states:

	a.  Item 13 will list awards and decorations for all periods of service;  

   b.  Item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 include the title, length in weeks (1 week or more), and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed; and

	c.  There are no provisions in the regulation for listing certificates on the 
DD Form 214.

18.  Army Regulation 600-8-22 (Military Awards) – as amended by Military Personnel Message 08-190, AHRC-PDP-A, dated 22 July 2008, subject:  Revised Criteria for Awarding Combat Badges (CIB, Combat Medical Badge, and Combat Action Badge) – states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, 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/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.  

19.  Army Regulation 600-8-22 also states a bronze service star is authorized for wear with the Iraq Campaign Medal for participation in each credited campaign.  During his service in Iraq, the applicant participated in the Iraqi Governance (29 June 2004 - 15 December 2005), and National Resolution (16 December 2005 - 9 January 2007) campaigns.

20.  Army Regulation 600-8-22 further states a bronze service star is authorized for wear with the Afghanistan Campaign Medal for participation in each credited campaign.  During his service in Afghanistan, the applicant participated in the Consolidation II (1 October 2006-30 November 2009) campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he successfully completed 3 weeks of the Airborne Course in August 2004, 80 hours (2 weeks) of the NBC Defense Course in November 2004, and 40 hours (1 week) of the Combat Lifesaver Course in December 2004.  The evidence also shows he successfully completed 40 hours (1 week) of the Blue Force Operator Course in February 2005 and another 40 hours of the Combat Lifesaver Course in December 2006.  Therefore, he is entitled to correction this DD Form 214 to show he completed these courses in accordance with regulatory guidance.

2.  The evidence further shows during his deployment in Iraq he participated in two campaigns.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded the Iraq Campaign Medal and to correction of his DD Form 214 to show these awards.

3.  The evidence shows during his deployment in Afghanistan he participated in one campaign.  Therefore, he is entitled to award of one bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal and to correction of his DD Form 214 to show this award.

4.  In accordance with regulatory guidance, he is not entitled to correction to his DD Form 214 to show he completed the Blue Devil First Response (Skill Intensive Course) as the duration of the course was less than 1 week.

5.  There is no provision in the regulation that governs the separation document for listing certificates of achievement or appreciation on the DD Form 214.  Therefore, he is not entitled to correction to DD Form 214 to show his certificate of appreciation.

6.  With respect to the CIB, the evidence of record shows the applicant held an infantry MOS and he was assigned to an infantry unit in combat.  The citation for award of the ARCOM by PO Number 139041, dated 9 May 2007, clearly shows he was involved in direct contact with the enemy on several occasions.  Another citation for award of the ARCOM also states he was engaged on numerous combat patrols.  As such, he meets the criteria for award of the CIB and should have his records corrected to show it. 

7.  With respect to the addition of the ARCOM (4th Award) to his DD Form 214, he provided a DA Form 638 with a corresponding ARCOM certificate that contained a permanent order number for each of his four awards.  His 
DD Form 214, therefore, should be corrected to show all four awards of the ARCOM.

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:

* awarding him the Combat Infantryman Badge
* deleting from the applicant's DD Form 214 the Iraq Campaign Medal and Afghanistan Campaign Medal
* adding to Item 13 of his DD Form 214 the:

* Army Commendation Medal (4th Award)
* Combat Infantryman Badge
* Iraq Campaign Medal with two bronze service stars
* Afghanistan Campaign Medal with one bronze service star

* adding to Item 14 of his DD Form 214 the:

* Airborne Course, 3 weeks, August 2004
* NBC Defense Course, 80 hours, 24 November 2004
* Combat Lifesaver Course, 40 hours, December 2004
* Blue Force Tracking Operator Course, 40 hours, February 2005
* Combat Lifesaver Course, 40 hours, December 2006

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 adding to his DD Form 214 the: 

* Blue Devil First Responder (Skills Intensive) Course 
* Certificate of Appreciation



      __________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)                                         AR20120000438





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ABCMR Record of Proceedings (cont)                                         AR20120000438



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