IN THE CASE OF: 

		BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130020144 


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:

* German Armed Forces Parachutist Badge
* Egyptian Parachutist Badge
* Jordanian Senior Parachutist Badge
* Army Good Conduct Medal (AGCM) (2nd Award)
* Combat Infantryman Badge (CIB)
* Presidential Unit Citation (PUC)
* Valorous Unit Award (VUA)
* Army Achievement Medal (AAM) (4th Award) (taken to mean the Army Commendation Medal (ARCOM) (4th Award))

2.  The applicant states he is authorized to wear the above awards which are not listed on his DD Form 214.

3.  The applicant provides:

* DA Form 638 (Recommendation for Award) 
* Acceptance and Wear of Foreign Badge authorization for German Armed Forces Parachutist Badge, Egyptian Parachutist Badge, and Jordanian Senior Parachutist Badge
* U.S. Army Human Resources Command (HRC), Permanent Orders 217-05
* Department of the Army General Orders (DAGO) 2010-22
* HRC Permanent Orders 210-20
* DD Form 214
 
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.  On 30 March 1999, the applicant enlisted in the Regular Army.  He was awarded military occupational specialties (MOS)s 11B (Infantryman) and 13F (Fire Support Specialist).  The highest rank he held was staff sergeant/pay grade E-6.

3.  His DA Forms 2166-8 (Noncommissioned Officer Evaluation Report) for the three evaluation periods covering April 2002-March 2005 show he was assigned to B Battery, 2-319th AFAR (2nd Battalion, 319th Field Artillery) performing duty in MOS 13F (Forward Observer).  His DA Form 2166-8 for the period April 2005-November 2005 shows he was assigned to 2nd Battalion, 319th Field Artillery, performing duty in MOS 13F (Assistant Brigade Fire Support Sergeant).

4.  He provides a DA Form 638 showing he was recommended for award of the ARCOM (4th Award) for the period 7 December 1999 to 17 December 2005.  The orders issuing authority signed the form on 28 October 2005.  The form is void of an orders number.  This form lists his previous awards as ARCOM (3rd Award) and AAM (2nd Award).

5.  He provides Headquarters, 82nd Airborne Division memoranda, subject: Acceptance and Wear of Foreign Badge, dated 29 September 2005, showing he was authorized to wear the German Armed Forces Parachutist Badge, Egyptian Parachutist Badge, and Jordanian Senior Parachutist Badge.

6.  His Enlisted Record Brief, dated 31 October 2005, shows he was awarded the AGCM (2nd Award), National Defense Service Medal, and Global War on Terrorism Service Medal.  It also shows he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 319th Field Artillery, on 23 June 2004.

7.  On 17 December 2005, he was honorably released from active duty after completing 6 years, 8 months, and 18 days of creditable active service.  His DD Form 214 shows he served in Iraq from 15 March 2003 to 29 January 2004 and from 8 December 2004 to 15 March 2005.  It also shows he was awarded or authorized the:

* Parachutist Badge
* ARCOM (2nd Award)
* AAM
* AGCM
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* Iraq Campaign Medal

8.  HRC Permanent Orders 217-05, dated 5 August 2010, awarded the 2nd Battalion, 319th Field Artillery the VUA for the period 7 May 2003 to 7 February 2004.

9.  DAGO 2010-22, dated 24 November 2010, awarded the 2nd Battalion, 319th Field Artillery the PUC for the period 28 April-1 May 2003.

10.  HRC Permanent Orders 210-20, dated 29 July 2011, awarded Company B, 2nd Battalion, 319th Field Artillery, the VUA for the period 5 January 2005 to 15 February 2005.

11.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded three ARCOMs or the CIB by proper authority.

12.  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/MOS 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 fires.

13.  Army Regulation 600-8-22 states 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.  Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.  

14.  The Jordanian Senior Parachutist Badge is not listed in appendix D.

DISCUSSION AND CONCLUSIONS:

1.  His Enlisted Record Brief shows he was awarded the AGCM (2nd Award).  Therefore, he is entitled to have his DD Form 214 corrected to show the AGCM (2nd Award). 

2.  His record is void of any orders showing award of the CIB.  Though he was awarded an infantry MOS, evidence shows he was assigned to field artillery units performing duties in MOS 13F during his active service.  There is no evidence he satisfactorily performed infantry duties while assigned to an infantry unit during such time as the unit was engaged in active ground combat, and actively participating in such ground combat.  Therefore, there is an insufficient basis for awarding him the CIB.

3.  One of the units he was assigned to was awarded the PUC and the VUA during his service with that unit during Operation Iraqi Freedom.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  His DD Form 214 shows he was awarded the ARCOM (2d Award).  He provides a DA Form 638 showing he was recommended for the ARCOM (4th Award).  The orders issuing authority signed the form; however, it is void of an orders number.  This form lists his previous awards as ARCOM (3rd Award) and AAM (2nd Award).  His record is void of any ARCOM orders or other evidence 


showing previous awards of the ARCOM.  As such, there is an insufficient evidentiary basis for correcting his record to show he was awarded the ARCOM (4th Award).

5.  The applicant was authorized per memorandum to wear the German Armed Forces Parachutist Badge, Egyptian Parachutist Badge, and Jordanian Senior Parachutist Badge.  However, the Jordanian Senior Parachutist Badge is not listed in appendix D of Army Regulation 600-8-22.  Regulatory policy in effect at the time did not preclude the entry of foreign awards on the DD Form 214; therefore, there would be no harm in adding the German Armed Forces Parachutist Badge and Egyptian Parachutist Badge to his DD Form 214.

6.  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 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 adding to his DD Form 214 the following awards:

* AGCM (2nd Award)
* PUC
* VUA
* German Armed Forces Parachutist Badge
* Egyptian Parachutist Badge

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 awarding him the ARCOM (4th Award), CIB, and Jordanian Senior Parachutist Badge.  



      _______ _  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)                                         AR20130020144



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ABCMR Record of Proceedings (cont)                                         AR20130020144



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