IN THE CASE OF:	  

		BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130001716 


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 reconsideration of an earlier request to add the Combat Infantryman Badge (CIB) and Expert Infantryman Badge (EIB) to his 
DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and Australian Jump Wings (correctly known as the Royal Australian Parachute Badge) be added to his DD Form 214, which are new issues.  

2.  The applicant states:

* the above badges and awards are missing from his DD Form 214
* he is unsure why his certifications and awards are not listed
* during his expiration term of service (ETS) processing, he did not recognize the misprinting of his DD Form 214
* he should have caught the mistakes and presented them to his ETS administrator
* he has almost finished his college degree, he wants to reenlist in the Army
* his goal is to attend Army National Guard Officer Candidate School with the possibility of being selected for the Special Forces 
* he would like his records to be on point before his reenlistment begins 





3.  The applicant provides:

* DA Form 638 (Recommendation for Award)
* EIB certificate
* ARCOM and AAM orders
* DD Form 214 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090014327 on 4 February 2010.

2.  He provides a DA Form 638, dated 13 June 2006, awarding him the ARCOM which states:

* he served with distinction in 3rd Platoon, B Company, 1st Battalion, 75th Ranger Regiment from 17 April 2004 to 30 July 2006
* he deployed with the unit during three combat deployments, twice to Operation Iraqi Freedom (OIF) and once to Operation Enduring Freedom (OEF)
* his contributions were an important factor in the platoon's overall success taking part in over 100 operations in both theaters, which resulted in the capture of numerous high targets
* he served as a rifleman and gunner
* he received the CIB, EIB, and "Australian Jump Wings" while assigned to the unit 

3.  He provides a certificate which states he successfully completed EIB training during the period 8 November through 11 November 2004.    

4.  By separate correspondence, dated 24 September 2013, the applicant requests the Global War on Terrorism Expeditionary Medal (GWOTEM) be removed from his DD Form 214 because he is not authorized this medal and item 12f (Foreign Service) of his DD Form 214 be corrected to show his foreign service in Afghanistan and Iraq.

5.  These documents are new evidence that will be considered by the Board.



6.  His DD Form 214 shows he enlisted in the Regular Army on 31 July 2003 and was awarded military occupational specialty (MOS) 11B (infantryman).  He served in Afghanistan from 15 May to 2 July 2004 (a total of 1 month and 
18 days) and he served in Iraq from 4 January to 9 April 2005 (a total of
3 months and 6 days) and 4 October 2005 to 12 January 2006 (a total of
3 months and 9 days).  He was honorably released from active duty on 30 July 2006.  

7.  His DD Form 214 shows he was awarded or authorized the:

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

8.  Item 12f of his DD Form 214 shows the entry "0000 00 00." 

9.  There are no orders for the CIB, EIB, or the Royal Australian Parachute Badge in the available records.

10.  He provides Permanent Orders 110-33, dated 20 April 2005, which show he received the AAM for exceptional achievement during the period 15 January to 20 January 2005.

11.  His records contain Permanent Orders 015-33, dated 15 January 2006, which show he received the AAM for meritorious achievement during the period 
3 October 2005 to 4 January 2006.

12.  He provides Permanent Orders 164-03, dated 13 June 2006, which show he received the ARCOM for commendable service during the period 17 April 2004 to 30 July 2006.

13.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, 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, in effect, that an Army Soldier 



must have an infantry or special forces specialty/military occupational 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.  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 fire.  

14.  Army Regulation 600-8-22 provides for award of the EIB.  Award of the EIB requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the EIB, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

15.  Appendix D (Foreign Badges) of Army Regulation 600-8-22 shows the Royal Australian Parachute Badge as an authorized foreign badge.

16.  Army Regulation 600-8-22 states the Iraq Campaign Medal 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 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)

17.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal 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 11 September 2001 to a future date to be determined by the Secretary of Defense or the 


cessation of OEF.  Under no condition will personnel or units receive the Afghanistan Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same action, time period, or service.  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-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded MOS 11B and he served as an infantryman with the 75th Ranger Regiment in three combat deployments in Afghanistan and Iraq.  His DA Form 638 states his contributions were an important factor in the platoon's overall success taking part in over 100 operations in both theaters, which resulted in the capture of numerous high targets and he received the CIB while assigned to the unit.  Therefore, the 
DA Form 638 is accepted as sufficient evidence on which to base adding the CIB to his DD Form 214.

2.  The certificate provided by the applicant which states he successfully completed EIB training in 2004 and the entry on his DA Form 638 which states he received the EIB are accepted as sufficient evidence on which to base adding the EIB to his DD Form 214. 

3.  Permanent orders show he received the ARCOM.  His DD Form 214 should be corrected to show this medal.

4.  Permanent orders show he received two awards of the AAM.  His DD Form 214 should be corrected to show two awards of the AAM.

5.  The entry on his DA Form 638 which states he received the Australian Jump Wings is accepted as sufficient evidence on which to base adding the Royal Australian Parachute Badge to his DD Form 214.

6.  His DD Form 214 shows the Afghanistan Campaign Medal as an authorized award.  However, based on his service in Afghanistan from 15 May to 2 July 2004, he is entitled to the Afghanistan Campaign Medal with one bronze service star.  His DD Form 214 should be corrected to show this award. 

7.  His DD Form 214 shows the Iraq Campaign Medal as an authorized award.  However, based on his service in Iraq from 4 January to 9 April 2005 and from 
4 October 2005 to 12 January 2006, he is entitled to the Iraq Campaign Medal with two bronze service stars.  His DD Form 214 should be corrected to show this award. 

8.  It would be appropriate to remove the GWOTEM from the applicant's
DD Form 214 per his request, because he is not authorized this medal.

9.  Based on his tours in Afghanistan and Iraq, he completed a total of 8 months and 3 days of foreign service.  Therefore, item 12f of his DD Form 214 should be corrected to show this foreign service.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20090014327, dated 4 February 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the CIB and EIB to his DD Form 214.

2.  With regard to the applicant's new issues, the Board determined the evidence presented is sufficient to warrant a recommendation for relief.  The Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 12f of his DD Form 214 and replacing it with the entry "0000 08 03;"

	b.  deleting the GWOTEM from his DD Form 214; and


	c.  adding the ARCOM, AAM (2d Award), Royal Australian Parachute Badge, one bronze service star for wear on his already-awarded Afghanistan Campaign Medal, and two bronze service stars for wear on his already-awarded Iraq Campaign Medal 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)                                         AR20130001716



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ABCMR Record of Proceedings (cont)                                         AR20130001716



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