IN THE CASE OF:	  

		BOARD DATE:	  31 December 2013

		DOCKET NUMBER:  AR20130005018 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 April 2007 show he was awarded, authorized, or completed training for the following:

* Bronze Star Medal (BSM)
* BSM with "V" Device
* Combat Infantryman Badge (CIB)
* Parachutist Badge with bronze service star 
* Air Assault Badge
* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Commendation Medal (ARCOM)
* Overseas Service Ribbon (OSR)
* Afghanistan Campaign Medal (ACM)
* Iraq Campaign Medal (ICM)
* Southwest Asia Service Medal (SWASM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-4)
* Expert Marksmanship Qualification Badge with Pistol Bar 
* Expert Marksmanship Qualification Badge with Grenade Bar
* Driver School
* Tube-launched, Optically-tracked, Wire Guided (TOW) Missile
* Combat Life Saver


* Italian Headstart
* Air Assault

2.  The applicant states these items are missing from his DD Form 214. 

3.  The applicant provides:

* Certificate of Completion for military occupational specialty (MOS) 11H, TOW weapons training
* Airborne Course Diploma
* Orders 339-16, issued by Headquarters, 2nd Battalion (Airborne) 503d Infantry
* Permanent Orders 230-54, issued by Headquarters, 4th Infantry Division
* DA Form 638 (Recommendation for Award)
* Orders 345-10, issued by U.S. Army Southern European Task Force
* DA Form 5790-R (Record Firing Scorecard)
* DA Form 705 (Army Physical Fitness Test Scorecard)
* DA Form 3355 (Promotion Point Worksheet)
* three DA Forms 4856 (Developmental Counseling Form) 
* DD Form 214 for the period ending 6 April 2007

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 NDSM, AGCM (1st Award), and GWOTSM are already listed on his DD Form 214.  Therefore, these medals will not be further discussed in this record of proceedings.

3.  On 7 March 2000, the applicant enlisted in the Regular Army.  He was awarded MOS 11B (Infantryman).  The highest rank he held was specialist/E-4.

4.  On 7 July 2000, he successfully completed the "80-hour 11H, TOW" weapons training class.

5.  On 8 March 2002, he reenlisted in the rank of specialist/E-4 for 4 years.

6.  On 5 December 2002, Headquarters, 2nd Battalion (Airborne) 503d Infantry, issued Orders 339-16 placing him in a parachute duty status.

7.  On 18 August 2003, Headquarters, 4th Infantry Division, issued Permanent Orders 230-54, awarding him the CIB.

8.  On 20 October 2003, he was recommended for award of an ARCOM (2nd Award) for the period 16 November 2002 through 29 August 2003.  The DA Form 638 shows previous awards of one ARCOM and two Army Achievement Medals (AAMs).  It further shows Permanent Orders 363-325 awarded him the ARCOM only.  The list of achievements on the form states the applicant participated in the following:

* combat airborne assault in Northern Iraq
* Operation Peninsula Strike
* joint operation with the Central Intelligence Agency
* Operation Rapid Guardian

9.  A DA Form 5790-R, dated 22 January 2004, shows he qualified expert with an M16A1 rifle.

10.  Department of the Army General Orders (DAGO) Number 10, dated 25 September 2006, awarded 2nd Battalion, 503d Infantry Regiment, assault landing credit for 26 March 2003.

11.  His Personnel Qualification Record, dated 3 April 2007, shows he was authorized or awarded the AGCM, NDSM, and GWOTSM.  It is void of any military education courses.
 
12.  On 6 April 2007, he was discharged from active duty with a bad conduct discharge.  His DD Form 214 shows he completed 6 years, 8 months, and 2 days active service with time lost from 10 September 2004 through 7 February 2005.  It further shows he was in an excess leave status (creditable for all purposes except pay and allowances) from 8 February 2005 through 6 April 2007.


13.  The DD Form 214 he was issued at the time shows he was authorized or awarded the:

* AGCM
* NDSM
* GWOTSM
* Army Service Ribbon
* Parachutist Badge

14.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded or authorized the following:

* BSM
* BSM with "V" Device
* ARCOM (1st Award)
* AAM (1st and 2nd Awards)
* bronze service star for wear on his Parachutist Badge
* Air Assault Badge
* OSR
* ACM
* ICM
* SWASM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-4)
* Expert Marksmanship Qualification Badge with Pistol Bar 
* Expert Marksmanship Qualification Badge with Grenade Bar

15.  The DD Form 214 shows he successfully completed the Airborne Course.

16.  The applicant's records are void of any certificates or diplomas showing he successfully completed the following training:

* Driver School
* Combat Life Saver
* Italian Headstart
* Air Assault School

17.  During the processing of this case, the Defense Finance and Accounting Service reviewed his Master Military Pay Account (MMPA).  His MMPA revealed that he received hostile fire pay/imminent danger pay or combat zone tax exclusion as shown below:

* 20020106 through 20020711 for Afghanistan (6 months and 6 days)
* 20030115 through 20030228 for Macedonia (1 month and 14 days)
* 20030325 through 20040219 for Kuwait (10 months and 26 days)

18.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and unit decorations.

   a.  The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
   
   b.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the ARCOM, the Air Medal, and the BSM.
   
	c.  The OSR is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan get credit for a completed short tour.

	d.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

	e.  A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump; orders are required to confirm award of these badges.  Credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with a bronze service star affixed.  Each Soldier must physically exit the aircraft to receive combat assault credit and the Parachutist Badge with a bronze service star.

	f.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	g.  The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 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)

	h.  The ACM is awarded to members who have served in direct support of Operation Enduring Freedom (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.  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)

	i.  The SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.

	j.  The "arrowhead" will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on several medals including the Global War on Terrorism Expeditionary Medal, the ICM, and the ACM.

19.  On 25 September 2006, Department of the Army General Orders (DAGO) 10 awarded the 2d Battalion (Airborne), 503rd Infantry assault landing credit for the period 1700Z to 1737Z hours, inclusive, 26 March 2003.  Eligibility of individuals to wear the bronze arrowhead on the designated campaign medal (Global War on Terrorism Expeditionary Medal or ICM) was established by this approval.  These orders also authorized eligible Soldiers to affix a bronze service star to their Parachutist Badge, denoting completion of a combat parachute jump.

20.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers on retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in item 14 (Military Education).  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  Include title, length in weeks, and year completed. 

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the ARCOM.  Therefore, he is entitled to have the ARCOM added to his DD Form 214.

2.  Permanent orders awarded him the CIB.  Therefore, he is entitled to have this badge added to his DD Form 214.

3.  There is no evidence he was ever recommended for, awarded, or authorized the BSM, BSM with "V" Device, a second ARCOM, any AAMs, or the Air Assault Badge.  Therefore, there is an insufficient basis on which to add these to his DD Form 214.

4.  Though his MMPA shows he received hostile fire pay/imminent danger pay and/or combat zone tax exclusion for Kuwait during the period 25 March 2003 through 19 February 2004, the DA Form 638 provides sufficient evidence to show he served predominantly in Iraq during that time.  Based on the foregoing, there is sufficient evidence to show he served in Iraq during a qualifying period of service for which he is entitled to the ICM and that he participated in two campaigns.  Therefore, it would be appropriate to add the ICM with two bronze service stars to his DD Form 214.

5.  DAGO 10 awarded the 2d Battalion (Airborne), 503rd Infantry assault landing credit for 26 March 2003.  These orders established eligibility of individuals to wear the bronze arrowhead on the designated campaign medal and to affix a bronze service star to their Parachute Badge, denoting completion of a combat parachute jump.  His records are void of any orders showing he personally made a combat parachute jump related directly to a combat assault.  However, a DA Form 638 for the period 16 November 2002 through 29 August 2003 states he participated in a combat airborne assault in Northern Iraq.  As such, it appears there is sufficient corroborating evidence to support correcting his DD Form 214 to show a bronze service star to be worn with his Parachutist Badge and the bronze arrowhead for wear with the ICM.

6.  His MMPA shows he served during a qualifying period of service for entitlement to the ACM and that he participated in one campaign.  Therefore, he is entitled to have the ACM with one bronze service star added to his DD Form 214.

7.  The preponderance of evidence shows that based on his service in Iraq he is authorized the OSR.  As such, he is entitled to have this ribbon added to his DD Form 214.

8.  There is no evidence he served during a qualifying period of service for which he was authorized the SWASM.  As such, he is not entitled to have this medal added to his DD Form 214.

9.  Though he successfully completed a TOW training course, such training in combat skills does not meet the criteria for entry on the DD Form 214.  Therefore, he is not entitled to have this training added to his DD Form.

10.  There is no available evidence to show he successfully completed Driver School, Combat Life Saver, Italian Headstart, and Air Assault School.  Therefore, there is no basis for adding these courses to his DD Form 214.

11.  Records show he qualified "expert" with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show this weapons qualification badge.

12.  His records are void of evidence and he provided none to verify he is authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-4), Expert Marksmanship Qualification Badge with Pistol Bar, or Expert Marksmanship Qualification Badge with Grenade Bar.  As such, there is no basis for listing these badges on his DD Form 214. 

13.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 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: 

   a.  deleting the Parachutist Badge from his DD Form 214, and
   
   b.  adding the ARCOM, CIB, ICM with bronze arrowhead and two bronze service stars, ACM with one bronze service star, OSR, Parachutist Badge with bronze service star, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214.

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 the following awards and training to his DD Form 214: 

* BSM
* BSM with "V" Device
* Air Assault Badge
* SWASM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-4)
* Expert Marksmanship Qualification Badge with Pistol Bar 
* Expert Marksmanship Qualification Badge with Grenade Bar
* Driver School

* Combat Life Saver
* Italian Headstart
* Air Assault School
* TOW training




      _______ _ 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)                                         AR20130005018



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ABCMR Record of Proceedings (cont)                                         AR20130005018



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