IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130020762
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
* his military occupational specialty (MOS) as 11B (Infantryman) instead of 11C (Indirect Fire Infantryman)
* his foreign service
2. He states:
* his Combat Infantryman Badge is not listed on his DD Form 214 and Enlisted Record Brief (ERB)
* his MOS is supposed to be 11B rather than 11C
* his foreign service information is missing from his DD Form 214
3. He provides his DD Form 214 and orders awarding him the Combat Infantryman Badge.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 January 2010.
2. He provided Permanent Order 106-02, dated 16 April 2011, published by Headquarters, 4th Infantry Brigade Combat Team, 10th Mountain Division (Light) which shows he was awarded the Combat Infantryman Badge for personally engaging or being engaged by the enemy on 7 April 2011.
3. His personnel documents in the interactive Personnel Electronic Records Management System include two copies of his ERB.
a. His first copy, dated 21 July 2011 shows in:
(1) Section I (Assignment Information) no entry indicating he completed
Overseas/Deployment Combat Duty.
(2) Section I his primary MOS as 11B.
(3) Section VIII (Awards and Decorations) no entry showing award of the
Combat Infantryman Badge.
(4) Section IX (Assignment Information) he served in duty MOS 11B from
9 May 2010 to 1 July 2011. There is no entry indicating he served in duty MOS 11C.
b. His second copy, dated 29 July 2011 shows in:
(1) Section I no entry indicating he completed Overseas/Deployment
Combat Duty.
(2) Section I his primary MOS as 11C.
(3) Section VIII no entry showing award of the Combat Infantryman
Badge.
(4) Section IX he served in duty MOS 11B from 9 May 2010 to 1 July
2011. There is no entry indicating he served in MOS 11C.
4. He was discharged on 1 November 2011 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12b by reason of misconduct - pattern of misconduct.
5. His DD Form 214 shows in:
a. Item 11 (Primary Specialty (List number, title and years and months in specialty. List additional specialty numbers and titles involving periods of one or more years.)) he served in primary specialty 11C1O for 1 year and 8 months.
b. Item 12f (Foreign Service) no entry indicating he completed foreign service.
c. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Afghanistan Campaign Medal with two campaign stars, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and North Atlantic Treaty Organization (NATO) Medal.
d. Item 18 (Remarks) he served in Afghanistan from 21 October 2010 to 1 October 2011.
6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 27 October 2010 through 7 October 2011 for Afghanistan.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states for item 12f, enter the total amount of foreign service completed during the period covered by the DD form 214.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant was awarded the Combat Infantryman Badge for action on 7 April 2011. Therefore, this badge should be added to his DD Form 214.
2. His ERB, dated 21 July 2011, shows his primary MOS as 11B and that he served in this MOS from May 2010 to July 2011. Although his ERB, dated 29 July 2011, shows his primary MOS as 11C, his service record is void of evidence which shows he served in MOS 11C during his period on active duty. In the absence of evidence showing he served in MOS 11C, it would be appropriate to amend item 11 of his DD Form 214 to show his primary specialty as 11B1O instead of 11C1O.
3. The applicant's contention that his DD Form 214 is missing his foreign service is acknowledged and is determined to have merit.
4. His DD Form 214 currently reflects he served in Afghanistan from 21 October 2010 to 1 October 2011. This is a period of 11 months and 11 days of foreign service. However, this foreign service is not recorded in item 12f of his DD Form 214. Therefore, it would be appropriate to amend item 12f of his DD Form 214 to show he was credited with 11 months and 11 days of foreign service.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:
a. amending item 11 by deleting the entry "11C1O INDIRECT FIRE INFANTR - 1 YRS 8 MOS" and adding the entry "11B1O INFANTRYMAN - 1 YR 8 MOS";
b. amending item 12f by deleting the current entry and adding the entry "0000 11 11"; and
c. amending item 13 by adding award of the Combat Infantryman 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.
Dissembled
ABCMR Record of Proceedings (cont) AR20130020762
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