IN THE CASE OF:	  

		BOARD DATE:  2 October 2012

		DOCKET NUMBER:  AR20120002898 


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 the following:

* award of the:

* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM) 
* Joint Service Achievement Medal (JSAM)
* Global War on Terrorism Service Medal (GWOTSM)
* Iraq Campaign Medal (ICM)
* Afghanistan Campaign Medal (ACM)
* Combat Infantryman Bade (CIB)
* Expert Infantryman Badge (EIB)
* British Military Parachutist Badge
* Shoulder Sleeve Insignia – Former Wartime Service (SSI-FWTS)

* completion of the:

* EIB Course
* Javelin Course
* Level I Breacher (Basic and Advanced) Course

* Foreign Service in Afghanistan
2.  He states his DD Form 214 is missing this information and has one mistake.  He was awarded the ARCOM on 18 June 2009 and his DA Form 638 (Recommendation for Award) shows he also has one AAM and one JSAM.  

3.  He also states the GWOTSM, ICM, and ACM are not shown on his DD Form 214.  He earned the CIB on each of his three deployments and he was authorized to wear the British Military Parachutist Badge as a result of having trained and jumped with British soldiers while at Fort Irwin, CA. 

4.  He adds that he completed the Javelin Course, Level I Breacher Course, and EIB Course which are not shown on his DD Form 214.  He will leave it up to the Board to determine if the EIB goes in the awards section or in the training section. 

5.  The applicant states during his last deployment he was in Afghanistan and not in Iraq as it is shown on his DD Form 214. 

6.  He provides:

* his DD Form 214
* a DA Form 638
* course completion certificates
* two memoranda
* military occupational specialty (MOS) orders
* a Verification of Military Experience and Training form
* a Soldier Deployment History Outprocessing Report 

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 9 March 2006.  After completion of basic combat and advanced individual training, he was awarded MOS 11B (Infantryman) and also completed Airborne Training.

2.  The applicant provided a Soldier Deployment History Outprocessing Report which shows he deployed in support of the GWOT during the following periods for a total of 10 months and 19 days; however, the locations are not shown:

* 7 April through 10 July 2007
* 6 January through 10 April 2008
* 1 October 2008 through 10 February 2009

3.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed, in part, he received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service Afghanistan during the period 14 October 2008 through 
28 January 2009. 

4.  He provided a DA Form 638 which shows he was awarded the ARCOM by Permanent Order Number 156-8, dated 19 June (year not legible).  This form shows in item 8 (Previous Awards) AAM-1 and JSAM-1.  Achievement Number 4 of this form contains the following entry:

The applicant spent approximately 10 months deployed in combat operations in support of the GWOT: two deployments to Operation Iraqi Freedom (OIF) and one deployment to Operation Enduring Freedom (OEF).  The applicant participated in over one hundred operations in support of national strategic interests throughout the CENTCOM [U.S. Central Command] area of operations during the period of 2006 to 2009.  During these operations the applicant displayed unmatched technical and tactical proficiency. 

5.  His record contains Permanent Orders 240-117, dated 28 August 2007.  These orders show he was awarded the EIB for the period 20 to 30 August 2007.

6.  The applicant provided a memorandum addressed to the Commander, Headquarters, 75th Ranger Regiment, Awards Section, Fort Benning, GA, subject:  Acceptance and Wear of Foreign Badge, dated 31 July 2008.  This document states "under the provisions of chapter 9, Army Regulation 600-8-22 (Military Awards) the following individuals (see attached roster) are authorized to accept and wear the British Military Parachutist Badge."  However, there was no attached by-name roster.  

7.  A second memorandum, dated 16 January 2009, shows he is authorized to permanently wear the 1st Battalion, 75th Ranger Regiment Scroll as his SSI-FWTS. 

8.  He provided certificates of training and a Verification of Military Experience and Training form which show he completed the following training:

* Javelin Course (95 hours) – 10 July 2006
* Level I Breacher Course (Demolition Instructions) (40 hours - (Basic and Advanced)) – 8 August 2008
* EIB Training Course (40 hours) – 1 April 2009



9.  He was honorably released from active duty on 19 July 2009.  His DD Form 214 shows he was awarded the Army Good Conduct Medal (1st Award), National Defense Service Medal, and Army Service Ribbon.  This form also contains the following entries:

* Item 12f (Foreign Service) – 0000 00 00
* Item 14 (Military Education) – Airborne, 3 Weeks, 2006//Ranger Indoctrination Program, 4 Weeks, 2006/Nothing Follows
* Item 18 (Remarks) – Service in Iraq 20070407-20070710//Service in Iraq 20080106-20080410//Service in Iraq 20081001-20090210//

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty 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.

	b. The AAM is awarded to any member 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.

	c.  The JSAM is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the GWOT operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty 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.
	e.  The ACM 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-date to be determined)

   f.  The ICM 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  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)
* New Dawn (1 September 2010- 31 December 2011)

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, 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.   

12.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  

	a.  The total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form.

	b.  Item 14 will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered on the DD Form 214 by title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

13.  The Army Training Requirements and Resources System (ATTRS) Course Catalog shows the course scope of Javelin training includes:  Javelin introduction, description, target engagement, field application, maintenance, gunner skills test, and live fire.  The Javelin training program integrates the Javelin into the overall unit-training program to increase combat readiness and ensure trainers and gunners are proficient in operating and maintaining the Javelin.  

14.  Student Handbook (SH) 21-76 (U.S. Army Ranger Handbook) covers how infantry squad and platoon-sized elements conduct combat operations in varied terrains.  Chapter 5, in part, introduces Rangers to the characteristics of explosives (low and high), to initiation systems, detonation systems, safety considerations, expedient explosives, breaching charges, and timber cutting charges.  

15.  U.S. Army Infantry Center Pamphlet 350-6 (Training the EIB Test) establishes policies, procedures, and standards for awarding the EIB.  The EIB test measures the Infantry Soldier's physical fitness and his ability to perform to standards of excellence in a broad spectrum of critical Infantry skills.

16.  A description of the 75th Ranger Regiment as shown on the internet states the Ranger Regiment is a light infantry combat unit that falls under the administrative control of the US Army Special Operations Command (USASOC).  As part of USASOC, the Rangers conducted numerous classified missions in support of the GWOT and continue to be an effective light infantry unit combating terrorists, leading raids, patrolling, gathering intelligence, and backing up for other units such as Special Forces.  

DISCUSSION AND CONCLUSIONS:

1.  Although Achievement Number 4 of the DA Form 638 shows the applicant participated in over one hundred operations in support of national strategic interests while assigned to 1st Battalion, 75th Ranger Regiment in support of OIF and OEF, a specific event to award him the CIB cannot be determined.  As an elite combat unit operating under the command and control of USASOC, these missions were and remain classified.  As a result, documented evidence of his actual participation in active ground combat is not accessible and there is no basis on which to grant this portion of the requested relief.  

2.  His record shows he participated in GWOT operations outside of the AOE during the period 9 March 2006 through 6 April 2007.  Therefore, he is entitled to addition of the GWOTSM to his DD Form 214.  

3.  The applicant served two tours in Iraq between 7 April 2007 and 10 April 2008 during the Iraqi Surge Campaign.  As a result, he is entitled to addition of the ICM with one bronze service star to his DD Form 214. 

4.  A review of his MMPA by DFAS confirms he received HF/IDP and CZTE for Afghanistan during the period 14 October 2008 through 28 January 2009.  Therefore, it would be appropriate to add the ACM with one bronze service star to his DD Form 214 and to amend item 18 to show "Service in Afghanistan 20081014 – 20090128."   

5.  He provided a Soldier Deployment History Outprocessing Report and item 
18 of his DD Form 214 shows he was deployed in support of OIF and OEF for a total of 10 months and 19 days.  As a result, he is also entitled to show this period of foreign service in item 12f.

6.  Permanent orders awarded him the EIB and he is authorized to add this award to his DD Form 214. 

7.  Permanent orders awarded the applicant the ARCOM as shown on the 
DA Form 638.  As such, he is entitled to addition of the ARCOM to his 
DD Form 214. 

8.  The DA Form 638 also shows he was previously awarded an AAM and JSAM.  While the DA Form 638 is an official document and contains orders data for the recommended/awarded decoration, without other official documentation to show he actually received the AAM and JSAM it is not a sufficient source to add these awards to his DD Form 214. 

9.  The applicant provided a memorandum which states individuals on an attached roster are authorized to accept and wear the British Military Parachutist Badge; however, this by-name listing was not provided.  Therefore, absence of evidence that his name was listed, he is not entitled to addition of this award to his DD Form 214. 

10.  His authorization to wear the 1st Battalion, 75th Ranger Regiment Scroll as a SSI-FWTS is covered under the provisions of Army Regulation 670-1 and is a uniform item.  As such, this information is not entered on the DD Form 214. 

11.  He provided course completion certificates for the following listed courses.  The available evidence shows these courses involve combat skills training.  The governing regulation directs that training courses for combat skills are not recorded on the DD Form 214.  As such, he is not entitled to addition of these courses to his DD Form 214:  

* EIB Course
* Javelin Course
* Level I Breacher (Basic and Advanced) Course

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 amending his DD Form 214 as shown below:

	a.  deleting the current entry in item 12f and adding the entry "0000 10 19;" 

   b.  adding the following awards:

* ARCOM
* EIB
* ICM with one bronze service star
* ACM with one bronze service star
* GWOTSM

	c.  amending only the portion of item 18 which shows "Service in Iraq 20081001 – 20090210" to read "Service in Afghanistan 20081014 – 20090128."
2.  The Board further determined that the evidence presented was 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 addition of the CIB, AAM, JSAM, British Military Parachutist Badge, SSI-FWTS, EIB Course, Javelin Course, and Level II Breacher Course to 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)                                         AR20120002898





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ABCMR Record of Proceedings (cont)                                         AR20120002898



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