BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120016342 


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:

	a.  award of the:

* Purple Heart
* Army Commendation Medal (2nd Award)
* Combat Infantryman Badge

	b.  his Ranger training; and

	c.  his service in Afghanistan.

2.  The applicant did not make any additional statement.

3.  The applicant provides:

* DD Form 214
* Permanent Orders 165-02, issued by the North Atlantic Regional Medical Command, Washington, DC, dated 14 June 2005
* Purple Heart Certificate, dated 14 June 2005
* DA Form 638 (Recommendation for Award), dated 1 March 2006, and accompanying Army Commendation Medal Certificate
* DA Form 638, dated 23 October 2007, and accompanying Army Commendation Medal Certificate
* Army training reservation confirmation, dated 12 April 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 28 July 2004.  His Statement for Enlistment – U.S. Army Enlistment Program shows he enlisted for training in Career Management Field 11X (Infantry Recruit).  This form also shows he was to attend airborne training and that he volunteered for Ranger training.

3.  Section I (Assignment Information) of his Enlisted Record Brief (ERB) shows his military occupational specialty (MOS) as 11B (Infantryman).  Section VI (Military Education) shows he was credited with completion of Airborne training; however, completion of Ranger training is not listed in this section.

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 10 April through 30 July 2005, a period of 3 months and 21 days.  DFAS did not indicate the applicant participated in any other deployment.

5.  Permanent Orders 165-02, dated 14 June 2005, awarded the applicant the Purple Heart for wounds received as a result of hostile action on 10 June 2005.

6.  A DA Form 638, dated 1 March 2006, shows the applicant was awarded the Army Commendation Medal for meritorious achievement during the period 10 April to 10 June 2005 by Permanent Order Number 145-44, issued by Headquarters, 1st Brigade Combat Team, dated 1 June 2006.  This form also indicates he was engaged in active ground combat on 10 June 2005 with his infantry unit.

7.  A DA Form 638, dated 23 October 2007, shows he was awarded the Army Commendation Medal for meritorious service during the period 28 July 2004 to 27 October 2007 by Permanent Order Number 298-01, issued by Headquarters, Warrior Transition Battalion, Walter Reed Army Medical Center, Washington, DC, dated 25 October 2007.  The DA Form 638 indicated this awarded was recommended as a retirement award.

8.  There is no evidence of record and the applicant did not provide any evidence that shows he was credited with completing Ranger training.

9.  His record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).

10.  On 27 October 2007, was retired by reason of permanent disability in the rank/grade of specialist (SPC)/E-4.  He completed 3 years and 3 months of creditable active service with no time lost.  His DD Form 214 shows in:

	a.  block 12 (Foreign Service) the entry "0000  00  00" indicating no foreign service performed;

	b.  block 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Parachutist Badge 

	c.  block 14 (Military Education) no indication of completion of Ranger training; and

	d.  block 18 (Remarks) no deployment entry.

11.  During the processing of this case, on 26 June 2013, a staff of the Board contacted the applicant by email and telephone.  Based on their telephone conversation, the applicant confirmed he did not deploy to Iraq and requested removal of the Iraq Campaign Medal from his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Afghanistan Campaign Medal (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 2006-30 November 2009)
* Consolidation III (1 December 2009-30 June 2011)
* Transition I (1 July 2011-through a date to be determined)

	b.  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.

	c.  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.

13.  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 provides 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;

	b.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	c.  in block 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

	d.  in block 18, for an active duty Soldier deployed to a foreign country 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.  Permanent orders awarded the applicant the Purple Heart for wounds received as a result of hostile action on 10 June 2005.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Permanent orders awarded him two awards of the ARCOM--one for achievement for the period 10 April to 10 June 2005 and one for retirement for the period 28 July 2004 to 27 October 2007.  Therefore, his DD Form 214 should be corrected to show both awards.

3.  Based on his service in Afghanistan from 10 April to 30 July 2005 and participation in one campaign, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this foreign service and award.

4.  He served in MOS 11B and a DA Form 638, dated 1 March 2006, shows he was in a firefight on 10 June 2005 while a member of his infantry unit.  As such, he met the criteria for entitlement to the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge effective 10 June 2005 and his DD Form 214 should be corrected to show this award.

5.  Evidence shows he was retired by reason of permanent disability in the rank/grade of SPC/E-4 after completing 3 years and 3 months of creditable active service with no time lost.  His record is void of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal for the period 28 July 2004 through 27 July 2007 and to correct his DD Form 214 to show this award.

6.  DFAS confirmed he received HF/IDP and CZTE from 10 April to 30 July 2005 for service in Afghanistan.  Therefore, his DD Form 214 should be corrected to show the total amount of foreign service he completed during this period of active service and to include the required deployment information on his DD Form 214.

7.  There is no evidence of record and the applicant did not provide any evidence that shows he completed Ranger training.  Regardless, the applicable regulation prohibits the listing of training courses for combat skills, including Ranger training.  Therefore, there is no basis for granting this portion of the applicant's request.

8.  Additionally, based on the lack of evidence of record and confirmation by the applicant that he did not deploy to Iraq, it would be appropriate at the applicant's request to remove the Iraq Campaign Medal from his DD Form 214.

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:

	a.  deleting from block 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  03  21";

	b.  deleting from block 13 of his DD Form 214 the Iraq Campaign Medal;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
28 July 2004 through 27 July 2007;

	d.  awarding him the Combat Infantryman Badge for actions on 10 June 2005;

	e.  adding to block 13 of his DD Form 214 the:

* Purple Heart
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Afghanistan Campaign Medal with one bronze service star
* Combat Infantryman Badge

	f.  adding to block 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20050410-20050730."

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 Ranger training to block 14 of 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)                                         AR20120016342



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120016342



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1