IN THE CASE OF: 

		BOARD DATE:	  15 April 2014 

		DOCKET NUMBER:  AR20130014788 


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:

* award of the Combat Infantryman Badge (CIB) and Korea Defense Service Medal (KDSM)
* service in Korea
* completion of the Unit Armorer Course and Tube-Launched, Optically-Tracked, Wire-Guided Missile (TOW) Improved Target Acquisition System (ITAS) Course

2.  The applicant states:

* everyone in his unit was awarded the CIB for actions during Operation Iraqi Freedom, but they were not provided the orders because they were deployed
* his DD Form 214 does not show the Unit Armorer course or the TOW ITAS course
* his DD Form 214 does not reflect his service in Korea from March 2002 to March 2003 or the KDSM he was awarded

3.  The applicant provides two certificates of training, a DA Form 4187 (Personnel Action), and reassignment orders.


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 16 August 2001.  He was awarded military occupational specialty 11B (Infantryman) upon completion of initial entry training.

3.  The Defense Finance and Accounting Service (DFAS) confirmed he received a cost of living allowance for service in Korea during the period 12 March 2002 to 3 March 2003 (11 months and 22 days).

4.  Detachment A, 509th Personnel Services Battalion, Korea, Orders 275-5031, dated 2 October 2002, directed the applicant's reassignment to the 4th Infantry Division, Fort Hood, TX.  The orders confirm he was credited with normal overseas tour completion.

5.  1st Battalion, 503d Infantry Regiment (Air Assault), Permanent Orders Number 30-003, dated 30 January 2003, awarded him the Army Achievement Medal (AAM) for meritorious service during the period 13 March 2002 to 13 March 2003.

6.  A DA Form 4187 shows he was further assigned to 1st Battalion, 22d Infantry Regiment, effective 21 March 2003.

7.  He was discharged under honorable conditions (general) on 27 August 2004. 
His DD Form 214 shows in:

	a.  block 12f (Foreign Service), he completed 11 months and 13 days of foreign service;


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

* Army Lapel Button
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Air Assault Badge

	c.  block 14 (Military Education), the entry "None"; and

	d.  block 18 (Remarks), service in Iraq from 6 April 2003 to 18 March 2004 (11 months and 13 days).

8.  There are no orders or any other evidence in the applicant's available records that show he was awarded the CIB.

9.  He provided two certificates of training that show he completed the Unit Armorer Course during the period 3-7 June 2002 and the TOW ITAS Course during the period 7-18 October 2002.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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.

	b.  The KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  According to the U.S. Army Human Resources Command Awards Branch, 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 receive credit for a completed short tour.

12.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for preparation of the DD Form 214 and stated:

	a.  in block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Service This Period);

	b.  in block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he completed overseas tours in Korea and in Iraq.  Therefore, he is authorized the KDSM and the OSR with Numeral 2 and correction of his DD Form 214 to show these awards.

2.  The evidence also shows he was awarded the AAM.  This award should be added to his DD Form 214.

3.  His DD Form 214 shows he completed 11 months and 13 days of foreign service.  However, the evidence of record shows he served in Korea for 11 months and 22 days and Iraq for 11 months and 13 days.  Therefore, his DD Form 214 should be corrected to reflect 1 year, 11 months, and 5 days of foreign service.

4.  He completed the Unit Armorer Course.  Therefore, this course should be added to his DD Form 214.  He also completed the TOW ITAS Course; however, this course is considered a combat-skills course.  Therefore, in accordance with Army Regulation 635-5, this course should not be added to his DD Form 214.

5.  He contends that his entire unit was awarded the CIB; however, there are no orders or any other evidence in his available records confirming he was awarded the CIB.  While his contention is not in doubt, in the absence of orders awarding him the CIB there is insufficient evidence on which to base adding this badge to 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 the current entry in block 12f of his DD Form 214 and replacing it with the entry "0001  11  05";

	b.  adding award of the Army Achievement Medal, Korea Defense Service Medal, and Overseas Service Ribbon with Numeral 2 to block 13 of his DD Form 214; and 

	c.  adding the entry "Unit Armorer Course, 1 week, 2002" to block 14 of 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 award of the CIB or the completion of the TOW ITAS 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)                                         AR20130014788



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ABCMR Record of Proceedings (cont)                                         AR20130014788



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