IN THE CASE OF:	

		BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130014519 


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) as follows:

	a.  Item 11 (Primary Specialty) to list military occupational specialty (MOS) 11B1P (Infantryman) from 1 September 2000 to 18 July 2002. 

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the:

* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge
* Paraguayan Air Force Parachutist Badge
* German Schutzenschnur Badge in Bronze

	c.  Item 14 (Military Education) to show or correct: 

* Military Police Course completed in 2003 instead of 2000
* Infantry One Station Unit Training (OSUT) completed in June 2000
* Primary Leadership Development Course completed in 2003 instead of 2000
* Combat Lifesaver Course completed in 2002 instead of 2001
* Agriculture Quarantine Enforcement Course completed in 2004
* Senior Customs Border Clearance Agent Course completed in 2004
* Unit Armorer Course (80 hours) completed in 2002
* Item 18 (Remarks) should show he completed his second instead of his first term of service 

2.  The applicant states his DD Form 214 contains administrative errors. 

3.  The applicant provides:

* Enlisted Record Brief (ERB), dated 3 March 2005
* Permanent Orders (PO) 361-472 (Combat Infantryman Badge)
* PO 205-295 (Parachutist Badge)
* Certificate showing award of the Expert Infantryman Badge
* Memorandum authorizing acceptance and wear of the Paraguayan Air Force Parachutist Badge
* Memorandum authorizing acceptance and wear of the German Schutzenschnur Badge in Bronze
* Certificate showing completion of the Military Police Course
* Certificate of graduation from OSUT
* Certificate of completion of the Primary Leadership Development Course
* Certificate of completion of the Combat Lifesaver Course
* Certificate of training showing completion of the Agriculture Quarantine Enforcement Course completed in 2004
* Certificate of completion of the Senior Customs Border Clearance Agent Course completed in 2004
* Certificate of training showing completion of the Unit Armor Course

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 records show he enlisted in the Regular Army on 15 March 2000.  He completed OSUT at Fort Benning, GA on or about 30 June 2000 and he appears to have been awarded MOS 11B. 
3.  On 23 July 2000, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, published PO 205-295 awarding him the Parachutist Badge.  He had attended and completed the 3-week Basic Airborne Course on or about 4 August 2000. 

4.  Subsequent to completion of training, he was reassigned to Fort Bragg, NC.  He was assigned to 1st Battalion, 505th Infantry Regiment, 82nd Airborne Division. 

5.  On 18 September 2000, he successfully completed the Expert Infantryman Badge test and he was awarded the Expert Infantryman Badge. 

6.  On 1 May 2001, he was issued a memorandum by Headquarters, 82nd Airborne Division, authorizing him to accept and wear the Paraguayan Air Force Parachutist Badge. 

7.  He provides two certificates of training, issued by Headquarters, 82nd Airborne Division, confirming his completion of the:

* Combat Lifesaver Course on 2 January 2002
* 2-week Unit Armorer Course from 7 to 18 January 2002

8.  He served in Afghanistan from on or about 8 July 2002 to 5 January 2003 as confirmed by his pay records at the Defense Finance and Accounting Service. 

9.  PO 361-472, issued by Headquarters, Coalition Task Force 82, Bagram, Afghanistan on 27 December 2002, awarded him the Combat Infantryman Badge for service from 20 July 2002 to 15 January 2003. 

10.  He provides a certificate, dated 16 May 2003, showing completion of the     8-week Military Police Course from 17 March 2003 to 16 May 2003.  He appears to have been awarded MOS 31B (Military Police) on or about 16 May 2003. 

11.  He was reassigned to 254th Base Support Battalion, 80th Area Support Group, Netherlands.  He attended and successfully completed the 4-week Primary Leadership Development Course at the 7th Army Noncommissioned Officer (NCO) Academy in Germany from 15 October to 14 November 2003. 

12.  He also provides two certificates as follows: 

	a.  Certificate of training, issued by the U.S. Department of Agriculture confirming his attendance of the Agriculture Quarantine Enforcement Course from 27 to 28 July 2004. 

	b.  Certificate of completion, issued by Headquarters, U.S. European Command, confirming his completion of the 20-hour Senior Customs Border Clearance Agent Course on 27 and 28 July 2004. 

13.  On 2 February 2005, Allied Joint Force Command Headquarters, Brunssum, issued a memorandum authorizing him to accept and wear the German Schutzenschnur Badge in Bronze.

14.  He was discharged from active duty on 19 October 2005 by reason of disability.  He completed 5 years, 7 months, and 5 days of active service.  His DD Form 214 shows in: 

* Item 11, 31B Military Police, 5 years and 3 months
* Item 13, Army Commendation Medal, Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, and Global War on Terrorism Service Medal
* Item 14, Military Police Course, 2000; Combat Lifesaver Course, 1 week, 2001; Primary Leadership Development Course, 4 weeks, 2001
* Item 18, Soldier has completed first full term of service; item 18 also does not contain an entry for his combat service

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. 

	a.  Item 11 of the DD Form 214 reflects the primary specialty.  This Item contains titles of all MOS served for at least 1 year and includes for each MOS the number of years and months served. 

	b.  Item 13 shows all awards and decorations.

	c.  Item 14 shows the Soldier’s military education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This item includes 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.  Item 18 is used for mandatory remarks and/or for entries too long in their respective block.  One of the mandatory entries is whether a Soldier has or has not completed full term of service.  Review Soldier's original contract and enter statement that applies.  Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service.  However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.  To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/ reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214.  If a Soldier has completed or exceeded the initial enlistment, enter "has."  If item 12c (Net Active Service This Period) of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not.  

	e.  Also in item 18, for an active duty Soldier deployed 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)."

16.  Army Regulation 600-8-22 (Military Awards) provides for award of the: 

	a.  The Afghanistan Campaign Medal 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)

	b.  The Army Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status upon successful completion of initial entry training.

	c.  The NCO Professional Development Ribbon is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded this ribbon with the numeral which identifies the highest level of NCO Education System (NCOES) successfully completed as follows: 1 = Bar Ribbon Device = Primary Level; 2 = Basic Level; 3 = Advanced Level; and 4 = Senior Level.
DISCUSSION AND CONCLUSIONS:

1.  With respect to the MOS:

	a.  The applicant completed basic combat and advanced individual training at Fort Benning, GA, on 30 June 2000.  It is reasonable to presume he held MOS 11B effective 1 July 2000.  It is also reasonable to presume he held this MOS either as a primary MOS or a secondary MOS until his discharge on 19 October 2005, a period of 5 years, 3 months, and 19 days.  Therefore, he is entitled to correction of item 11 of his DD Form 214 to show MOS 11B, 5 years and 4 months. 

	b.  He completed training in MOS 31B on 16 May 2003.  It is reasonable to presume he held this MOS either as a primary MOS or a secondary MOS until his discharge on 19 October 2005, a period of 2 years, 5 months, and 4 days.  His DD Form 214 incorrectly credited him with 5 years, 3 months, and 19 days in MOS 31B.  Therefore, he is entitled to correction of item 11 of his DD Form 214 to show MOS 31B, 2 years and 5 months. 

2.  With respect to the awards/decorations: 

	a.  He was awarded the Expert Infantryman Badge, Parachutist Badge, and Combat Infantryman Badge.  None of these awards is shown on his DD Form 214.   Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

	b.  He was authorized to accept and wear the Paraguayan Air Force Parachutist Badge and the German Schutzenschnur Badge in Bronze.  Neither foreign award is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

	c.  He met the criteria for awards of the Army Service Ribbon (completion of initial entry training) and the NCO Professional Development Ribbon with Numeral 1 (completion of first level of NCOES).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

	d.  He served in Afghanistan and he was awarded the Afghanistan Campaign Medal.  He also participated in the Consolidation I campaign during his service in Afghanistan.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal and correction of his
DD Form 214 as such. 


3.  With respect to his military education: 

	a.  He completed the 8-week Military Police Course in 2003, not in 2000 as his DD Form 214 states.  He should be entitled to correction of his DD Form 214 as such. 

	b.  He completed the Combat Lifesaver Course in January 2002, not in 2001 as his DD Form 214 states.  He should be entitled to correction of his DD Form 214 as such. 

	c.  He completed the 3-week Basic Airborne Course in 2000.  His DD Form 214 did not list this military training.   He should be entitled to correction of his DD Form 214 as such. 

	d.  He completed the 4-week Primary Leadership Development Course in 2003, not in 2001 as his DD Form 214 states.   He should be entitled to correction of his DD Form 214 as such. 

	e.  He completed the 2-week Unit Armorer course in January 2002.  His DD Form 214 did not list this military training.   He should be entitled to correction of his DD Form 214 as such. 

	f.  Infantry OSUT (basic combat and advanced individual training) is considered combat training and is not listed on the DD Form 214.  Furthermore, the Agriculture Quarantine Enforcement Course completed in 2004 and Senior Customs Border Clearance Agent Course completed in 2004 were not 40 hours in duration and as such are not listed on the DD Form 214. 

4.  With respect to item 18:

	a.  The applicant enlisted in the RA on 15 March 2000 and he reenlisted on 31 May 2002.  There is only one mandatory entry for completion of term of service: the first term, not any and/or all subsequent terms of service.  His DD Form 214 correctly lists completion of first full term of service.  No other entry is needed or required. 

	b.  He served in Afghanistan from 8 July 2002 to 5 January 2003.  Therefore, he is entitled to correction of his DD Form 214 to show this combat service. 





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:

	a.  Deleting from item 11 the entry "31B MILITARY POLICE, 5 YEARS, 3 MONTHS, AND 19 DAYS" and adding the entries "11B1P INFANTRYMAN, 5 YEARS, 4 MONTHS//31B MILITARY POLICE 2 YEARS, 5 MONTHS." 

	b.  Deleting from item 13 the Afghanistan Campaign Medal and adding the Afghanistan Campaign Medal with one bronze service star, Combat Infantryman Badge, Expert Infantryman Badge, Parachutist Badge, Paraguayan Air Force Parachutist Badge, German Schutzenschnur Badge in Bronze, and NCO Professional Development Ribbon. 

	c.  Deleting from item 14 all current entries and adding the following entries:

* Basic Airborne Course, 3 weeks, 2000
* Unit Armorer Course, 2 weeks, 2002
* Combat Lifesaver Course, 1 week, 2002
* Military Police Course, 8 weeks, 2003
* Primary Leadership Development Course, 4 weeks, 2003

   d.  Adding to item 18 the entry "SERVICE IN AFGHANISTAN FROM 20020708 TO 20030105." 

2.  The Board further determined that 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:

	a.  Item 14 (Military Education) to show or correct: 

* Infantry One Station Unit Training (OSUT) completed in June 2000
* Agriculture Quarantine Enforcement Course completed in 2004
* Senior Customs Border Clearance Agent Course completed in 2004

   b.  Item 18 (Remarks) should show he completed his second instead of his first term of service. 



      ______ _   _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)                                         AR20130014519





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ABCMR Record of Proceedings (cont)                                         AR20130014519



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