IN THE CASE OF:	  

		BOARD DATE:	  4 June 2014

		DOCKET NUMBER:  AR20130014766 


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:

* Army Commendation Medal (ARCOM) (3rd Award)
* Army Achievement Medal (AAM) 
* Iraq Campaign Medal (ICM)
* Afghanistan Campaign Medal (ACM)
* Overseas Service Ribbon (OSR)
* North Atlantic Treaty Organization International Security Assistance Force (NATO-ISAF) Medal
* Combat Infantryman Badge (CIB)
* Royal Australian Army Parachutist Badge

* Military Education:

* Blue Devil First Responder Course 
* Small Land Warfare Unmanned Aerial Vehicle (UAV) Course
* National Standard Emergency Medical Technician (NREMT)-Basic Course



* Foreign Service in:

* Iraq for the period 1 September 2005 to 6 January 2006
* Afghanistan for the period 22 January 2007 to 5 April 2008

2.  He states, in effect, these items are not reflected on his DD Form 214.

3.  He provides:

* three ARCOM certificates
* two DA Forms 638 (Recommendation for Award) for the ARCOM
* a Soldier Deployment History Outprocessing Report, dated 30 May 2008
* four training certificates:

* Small Land Warfare UAV
* Blue Devil First Responder Course
* NREMT Basic Course
* Australian Army Parachute Training 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.  He enlisted in the Regular Army on 25 February 2004.  After completion of basic combat and advanced individual training, he was awarded MOS 11B (Infantryman) and also completed Airborne Training in 2004.

3.  Subsequent to completion of training, he was reassigned to the 1st Battalion, 504th Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC.

4.  On 18 April 2005, he was issued a memorandum by Headquarters, 82nd Airborne Division, authorizing him to accept and wear the Royal Australian Parachutist Badge.
5.  The applicant provided a Soldier Deployment History Outprocessing Report which shows he deployed during the following periods; however, the locations are not shown:

* 1 September 2005 through 6 January 2006
* 22 January 2007 through 5 April 2008

6.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for
service in:

* Kuwait for the period 3 September 2005 through 3 January 2006 (4 months)
* Afghanistan for the period 20 January 2007 through 19 March 2008 
(1 year, 1 month, and 28 days)

7.  He provided an award certificate which shows Permanent Orders Number 016-16, dated 16 September 2006, issued by Headquarters, 3rd Brigade, 82nd Airborne Division, Fort Bragg, NC awarded him the ARCOM for meritorious service while deployed to Iraq in support of Operation Iraqi Freedom from 
6 September 2005 to 15 January 2006.

8.  In addition, he provided two DA Forms 638 and award certificates which show he was awarded the ARCOM by:

	a.  Permanent Order Number 304-20, dated 31 October 2007.  His DA Form 638, dated 31 October 2007, shows in item 8 (Previous Awards) AAM-1 and ARCOM-1.  His achievements listed in Part III (Justification and Citation Data) of this form included:

* his tactical and technical expertise helped the squad in finding numerous weapon caches, enemy fighting positions, and destroying several enemies while in combat
* helping to clear 100 compounds to rid the area of enemy insurgents
* leading his squad in the discovery of numerous weapons caches and capturing several enemy insurgents in the process

	b.  Permanent Order Number 136-108, undated.  This form show shows in item 8 the AAM-1 and ARCOM-1.



	c.  Certificates of Training which show he completed the following training:

* Blue Devil First Responder Course (22 hours) – 16 December 2004
* Australian Army Parachute Training Course – 14 April 2005
* Small Land Warfare UAVs (80 hours) 2006 
* NREMT-Basic Course (110 hours) – 11 December 2006

9.  He was honorably released from active duty on 18 July 2008.  His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Army Good Conduct Medal (1st Award), National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.  This form also contains the following entries:

* Item 12f (Foreign Service) – 0000 00 00
* Item 14 (Military Education) – None
* Item 18 (Remarks) – does not show he completed any deployments

10.  There are no orders in the applicant's records that show he was awarded the Army Achievement Medal or the Combat Infantryman Badge.

11.  His records are void of a foreign award certificate showing he was awarded the NATO Medal for service in Afghanistan.

12.  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 OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the active Army, ARNG, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. 

	d.  According to the Awards and Decorations Branch at the 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 a minimum of 11 cumulative months in a 24 month period, or 
9 continuous months in a TCS/TDY status get credit for a completed short tour in Iraq or Afghanistan.

	e.  Commanders serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  This authority may be further delegated to commanders charged with custody of military personnel record files.

	f.  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)

   g.  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)

13.  Chapter 9 of this same regulation governs foreign awards.  The NATO Medal is awarded by the Secretary-General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations; specifically, support of ISAF in Afghanistan (1 June 2003 to a date to be determined).

14.  Military Personnel Message 11-200, dated 29 June 2011, subject:  Updated NATO Policy Regarding Requests of the NATO Medal by U.S. Army Soldiers, provides that:

* the NATO Medal will continue to be awarded to those personnel assigned to units supporting the ISAF
* effective 1 January 2011, all NATO Medal requests must be submitted within 2 years of leaving the operational area
* requests for approval of eligibility for individual service units and members to wear a specific NATO Medal already approved by the Department of Defense must be routed through command channels to the Supreme Headquarters Allied Power Europe J-1 for approval

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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.

DISCUSSION AND CONCLUSIONS:

1.   With respect to his request for additional awards and foreign service:

	a.  Permanent orders awarded him three ARCOMs and he is authorized to add these awards to his DD Form 214.
	b.  He served in Kuwait/Iraq between 3 September 2005 and 3 January 2006 during the Iraqi Governance and National Resolution Campaigns.  As a result, he is authorized award of the ICM with two bronze service stars and to amend item 18 of his DD Form 214 to show "Service in Kuwait/Iraq 20050903-20060103."

	c.  A review of his MMPA by DFAS confirms he received HF/IDP and CZTE for Afghanistan during the period 20 January 2007 through 19 March 2008.  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 20070120–20080319." 

	d.  He was authorized to accept and wear the Royal Australian Army Parachutist Badge; therefore, this foreign award should be shown on his DD Form 214. 

	e.  Although his DA Form 638 shows he was previously awarded the AAM, his record is void of official orders to corroborate this action.  Without orders there is insufficient evidence to add this award to his DD Form 214.

	f.  He completed approximately 12 months of cumulative service in both Kuwait/Iraq and Afghanistan within a 24-month period; therefore, he is entitled to the award of an OSR and correction of his DD Form 214 to show this award. 

	g.  The applicant's service in Kuwait/Iraq and Afghanistan is noteworthy and the achievements listed on his ARMCOM award recommendation, dated 
31 October 2007, clearly show he was assigned to an Infantry unit performing the duties of an infantryman while engaged in active ground combat with the enemy. This is sufficient evidence to the award of the CIB.  As a result, his DD Form 214 should be corrected to add this award.

	h.  His records are void of an official certificate that shows he was authorized to wear the NATO Medal by the Secretary-General of NATO.

	i.  The NATO Medal is not an Army award; therefore, this Board has no authority to award it.  If the applicant can provide evidence (NATO Medal Certificate) showing it was already awarded, it may be entered on his DD Form 214.  In the absence of any official documentary evidence showing award of the NATO Medal for ISAF, there is an insufficient evidentiary basis to grant the applicant's requested relief.



2.  With respect to his military education:

	a.  He completed the 3-week Basic Airborne Course in 2004.  His DD Form 214 should be corrected to show this course.

	b.  He completed the 110-hour NREMT-Basic Army Course in 2006 and this course should be added to his DD Form 214.

	c.  He provided a course completion certificate for the Small Land Warfare UAVs Course which is a combat skills training course.  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 this course to his DD Form 214:  
	
	d.  He completed the 22-hour Blue Devil First Responder Course in 2004; however, there is no regulatory provision to add course less than 40 hours to the DD Form 214. 

3.  With respect to his foreign service, his DFAS pay records are sufficient evidence to support the correction of item 12f of his DD Form 214 to show he completed 1 year, 5 months, and 28 days of foreign 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 amending his DD Form 214 as shown below:

	a.  deleting the current entry in item 12f and adding the entry "0001 05 28"

   b.  adding the following awards:

* ARCOM (3rd Award)
* CIB
* ICM with two bronze service stars
* ACM with one bronze service star
* Royal Australian Army Parachutist Badge
* Overseas Service Ribbon

	c.  adding in item 18 "Service in Kuwait/Iraq 20050903 – 20060103" and "Service in Afghanistan 20070120 – 20080319"

	d.  adding to item 14 the following entries:

* Basic Airborne Course, 3 weeks, 2004
* National Standard Emergency Medical Technician Basic Course, 
8 weeks, 2006

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, NATO-ISAF Medal, Small Land Warfare UAV Course, and Blue Devil First Responder 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)                                         AR20130014766



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ABCMR Record of Proceedings (cont)                                         AR20130014766



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