IN THE CASE OF:	   

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140001059 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the following:

* That he was retired by reason of permanent disability
* All of his military courses attended to include his military driver’s license
* That he was awarded an “Expiration of Term of Service” (ETS) award
* His awards of the Romanian Parachutist Badge, Infantry Cord, and Overseas Service Ribbon (OSR) 

2.  The applicant states, in effect, that his DD Form 214 should be corrected to show he was retired by reason of permanent disability, that all of his military training courses be added, that he received an ETS award, and by adding awards of the Romanian Parachutist Badge, Infantry Cord, and OSR. 

3.  The applicant provides a two-page letter explaining his application, his DD Form 214, retirement orders, Certificate of Retirement, Enlisted Record Brief (ERB), award of the Army Commendation Medal (ARCOM) and Romanian Parachutist Badge, nine certificates of training, and a Certificate of Achievement. 

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 6 June 2002 for a period of      3 years, training as an infantryman, and assignment to the 82nd Airborne Division.

3.  He completed his one-station unit training (OSUT) and airborne training at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina for his first duty assignment.

4.  He remained on active duty through a series of continuous reenlistments, was promoted to the pay grade of E-5 on 1 August 2007 and he deployed to Afghanistan during the period 20021128 – 20030717 (7 months and 20 days) and to Iraq during the period 20040111 – 20040413 (3 months and 3 days).

5.  On 27 March 2009, he was honorably retired by reason of temporary disability and was placed on the Temporary Disability Retired List with a 50% disability rating.  His DD Form 214 issued at the time of his retirement shows he was awarded the ARCOM (2nd Award), Army Achievement Medal (3rd Award), Army Superior Unit Award, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, Combat Infantryman Badge, Iraq Campaign Medal with bronze service star, Afghanistan Campaign Medal with bronze service star, overseas service bars (2), Expert Infantryman Badge, and Parachutist Badge.

6.  A review of the Certificates of Training provided by the applicant reflects that the courses were all less than 40 hours (1 week) in duration.  There is no evidence of the applicant attending a driver’s course that was 1 week or more in duration.

7.  The award of the Romanian Parachutist Badge was approved for acceptance and wear by the appropriate authority on 13 December 2003.  However, there is no evidence of the applicant being recommended for an award that was not processed to completion.

8.  Army Regulation 600-8-22 (Military Awards) states there is no automatic entitlement to an award upon departure either from an assignment or from the service.

9.  Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

10.  According to the Awards 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 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  

11.  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.  

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the Infantry Cord.  However, there are no provisions for entering the Infantry Cord on the DD Form 214 as it is an item of uniform wear and not an award or decoration.    

13.  Army Regulation 600-8-22 states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

14.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that a DD Form 214 will not be issued when an individual is removed from the TDRL.  It also provides that only courses 1 week (40 hours) or more will be entered on the DD Form 214.   





DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Romanian Parachutist Badge and it was properly approved for wear and acceptance.  Accordingly, he is entitled to have that award added to his DD Form 214 at this time.

2.  The applicant’s contention that he should have received an “ETS” award has been noted.  There is no automatic entitlement to such an award and the applicant has provided no evidence to show that he was recommended for an award that he did not receive. 

3.  The applicant’s contention that his “Infantry Cord” should be added to his DD Form 214 has been noted.  However, as the Infantry Cord is an item of uniform wear and not an award or decoration and thus is not authorized for entry on the DD Form 214.

4.  The applicant’s contention that the OSR should be added to his DD Form 214 appears to lack merit as he did not serve enough time in theater to qualify for award of the OSR.

5.  The applicant’s contention that all of his military training courses should be added to his DD Form 214 has been noted.  Only courses that are 1 week (40 hours) or more in duration are authorized to be entered on the DD Form 214 and the applicant has not provided evidence to show that his course(s) meet that criteria.

6.  The applicant’s contention that his DD Form 214 should show he was permanently retired has been noted.  The applicant was officially retired when he was placed on the TDRL and he served no additional active service up to the time he was removed from the TDRL and was permanently retired.  Accordingly, he is not entitled to have his DD Form 214 corrected to show his current permanent retired status.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 the award of the Romanian Parachutist Badge to his DD Form 214.

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 changing his DD Form 214 to show he was permanently retired, adding the Infantry Cord and OSR to his DD Form 214, granting him an “ETS” award, and adding additional military education courses to his DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20140001059





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ABCMR Record of Proceedings (cont)                                         AR20140001059



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