IN THE CASE OF 

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140001621 


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) as follows: 

* Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) as sergeant (SGT)/E-5 instead of specialist (SPC)/E-4
* Item 11 (Primary Specialty) to add the skill qualification identifier (SQI) of "V" (Ranger) and the additional skill identifier (ASI) of B4 (Sniper)
* Item 12f (Foreign Service) to add an additional 14 months of foreign service for a total of 21 months of foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the Iraq Campaign Medal with bronze service stars and the Kosovo Campaign Medal
* item 14 (Military Education) to add the Sniper Course and the 35M (Human Intelligence Collector) course

2.  The applicant states:

* his DD Form 214 was not updated prior to his separation and he informed the official who was preparing the DD Form 214
* the official told him that only updates that occurred during the period covered by the DD Form 214 could be added 
* he is applying for Federal jobs and he wants to make sure his records are straight 
* he was promoted to SGT/E-5 and completed several training courses including the Ranger Course and the Sniper Course
* he deployed to Kosovo in support of Operation Joint Guardian and to Iraq in support of Operation Iraqi Freedom; he completed 14 months of foreign service during his first enlistment
* he also deployed to Afghanistan and completed a total of 21 months of foreign service (including the first deployment)

3.  The applicant provides:

* Orders 349-116 (promotion to SGT)
* Combat Infantryman Badge Certificate
* Permanent Orders (PO) 127-119 (Combat Infantryman Badge)
* PO 271-03 (Army Commendation Medal)
* Certificate of Achievement
* North Atlantic Treaty Organization (NATO) Certificate (2009)
* Human Intelligence Collector Course (2009)
* Ranger Course Diploma and PO 135-E97
* Sniper Course Diploma 
* Orders 013-1787 (award of SQI and ASI)

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's records show he enlisted in the Regular Army on 3 February 2000.  He was awarded military occupational specialty (MOS) 11B (Infantryman) on or about 19 May 2000. 

3.  He completed the 3-week Basic Airborne Course on or about 11 August 2000 and he was awarded the Parachutist Badge. 

4.  He completed the 1-week Combat Lifesaver Course from 18 to 21 September 2000. 

5.  He served in Kosovo with the 1st Battalion, 325th Infantry Regiment, in support of Operation Joint Guardian from 25 January 2001 to 12 June 2001        (4 months and 18 days).  

6.  He was awarded the NATO Medal for service with NATO on operations in relation to Kosovo from 20 January 2001 to 11 June 2001.  He was also authorized the Kosovo Campaign Medal.

7.  PO Number 320-26, issued by Headquarters, 2nd Brigade, 325th Infantry, Fort Bragg on 16 November 2001, awarded him the Expert Infantryman Badge. 

8.  He completed the 82nd Airborne Division 2-week Pre-Ranger Course from 14 to 28 February 2002. 

9.  PO Number 044-05, issued by Headquarters, 1st Battalion, 325th Infantry, Fort Bragg, on 7 February 2002 awarded him the Army Achievement Medal for achievement from 14 January to 7 February 2002. 

10.  He completed the 9-week Ranger Course at Fort Benning, GA (graduated May 2002).  Accordingly, PO Number 135-E97, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, on 15 May 2002, awarded him the Ranger Tab and MOS 11B1V. 

11.  Orders 013-1787, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, on 13 January 2003, awarded him MOS 11B1VB4 (the "V" designates the Ranger course and the "B4" designates the Sniper course).  

12.  He completed the 5-week Sniper Course at Fort Benning on 7 February 2003. 

13.  PO Number 271-03, issued by Headquarters, 2nd Brigade Combat Team Fort Bragg, on 28 October 2003, awarded him the Army Commendation Medal for service in support of Task Force Falcon, Iraq, Operation Iraqi Freedom, from 15 February 2003 to 2 October 2003 (7 months and 17 days). 

14.  PO Number 127-119, issued by Headquarters, Task Force Falcon, Baghdad, Iraq on 7 May 2003, awarded him the Combat Infantryman Badge.

15.  PO Number 271-04, issued by Headquarters, 2nd Brigade Combat Team Fort Bragg, on 28 September 2003, awarded him the Army Commendation Medal for service from 17 September 2000 to 2 February 2004. 

16.  Orders 349-116, issued by B Company, 82nd Soldier Support Battalion, on 15 December 2003 announced his promotion to SGT/E-5 effective 1 January 2004. 

17.  He was honorably released from active duty on 2 February 2004.  His DD Form 214 shows he completed 4 years of creditable active service with no lost time and he was fully eligible to reenlist.  His DD Form 214 also shows in: 

* Items 4a and 4b - SPC and E-4
* Item 11 - 11B1P00, Infantryman, 3 years and 6 months
* Item 12f - 0000-00-00
* Item 12h (Effective Date of Pay Grade) - 2001-12-01
* Item 13 - National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge
* Item 14 - None
* Item 18 (Remarks) no entries regarding service in a hostile fire/imminent danger pay area

18.  His records do not contain orders awarding him the Army Good Conduct Medal (1st Award).  Likewise, his records do not contain a commander's disqualification statement for this award or any derogatory information that would have disqualified him from receiving this award. 

19.  Army Regulation 600-8-22 (Military Awards) provides for award of the: 

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 continuous years of active service except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	c.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  The regulation further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom (OIF) to qualify for award of the Global War on Terrorism Expeditionary Medal. 

	d.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The AOE 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 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)

	e.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations, including Operation Allied Force AOE (24 March 1999 through 10 June 1999) AOE.  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the AOE or for 60 nonconsecutive days provided this support involves entering the operation's AOE or meet one or more of several other, specified criteria.  One bronze service star will be worn for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign).  Qualification for a second bronze service star requires meeting the criteria for both campaigns.  The 30 consecutive or 60 nonconsecutive days that began during the Air Campaign (began on 24 March 1999 and ended on 10 June 1999) and continued into the Defense Campaign (began on 11 June 1999 to a date to be determined) entitles a member to only one bronze service star.

20.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states:

* items 4a and 4b, enter the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders)
* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 12h, enter the effective date of pay grade at the time of separation or release from active duty
* item 13, enter awards and decorations
* item 14, enter formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed
* item 18, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his/her unit during their continuous period of active service

21.  He enlisted in the Illinois Army National Guard (ILARNG) on 13 August 2007. He was ordered to active duty on 29 September 2008.

22.  He completed the 1-week Combat Lifesaver Course from 24 to 28 October 2008.  He subsequently served in Afghanistan, in MOS 11B, from 1 December 2008 to 29 June 2009 (7 months).  

23.  He was awarded the NATO Medal for service with NATO on operations in relation to Afghanistan from 14 December 2008 to 23 June 2009. 

24.  He completed the 4 phases of the Human Intelligence Collector Course from 10 July 2009 to 18 September 2009.

25.  He was honorably released from active duty on 18 October 2009.  His DD Form 214 shows in item 12f completion of 7 months of foreign service and in item 13 he was awarded or authorized the:

* Afghanistan Campaign Medal with campaign star
* "NATO Afghanistan Service Medal"
* Ranger Tab
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with M Device
* NATO Medal
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge

26.  He was honorably discharged from the ILARNG on 12 October 2010.  He was issued a National Guard Bureau Form 22 (Report of Separation and Record of Service) that captured his ARNG service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 3 February 2000 to 2 February 2004 and he was also mobilized and served on active duty from 29 September 2008 to 18 October 2009.  He was issued a separate DD Form 214 for each period.   

2.  With respect to the DD Form 214 for the period 3 February 2000 to 2 February 2004:

	a.  He was promoted to the rank/grade of SGT/E-5 on 1 January 2004.  He held this rank/grade at the time of his separation on 2 February 2004.  Therefore, he is entitled to correction of items 4a, 4b, and 12h of his DD Form 214 to show the entries "SGT," "E-5," and 2004-01-01," respectively. 

	b.  He was awarded MOS 11B2VB4, with the number 2 designating his skill level as a SGT, the SQI of "V" designating his ranger qualification, and the ASI of B4 designating his sniper qualification.  Item 11 of his DD Form 214 listed his specialty as 11B1P, with the 1 designating his skill level as a SPC and the P designating his airborne qualification.  He is entitled to correction of item 11 to show his specialty as 11B2V.  Additionally, although there is no requirement to list his ASI, there is no harm to the Army or the Soldier to add the ASI of B4 to his MOS.  

	c.  He served in Kosovo in support of Operation Joint Guardian from 25 January 2001 to 12 June 2001 (4 months and 18 days) and in Kuwait/Iraq in support of Operation Iraqi Freedom from 15 February 2003 to 2 October 2003   (7 months and 17 days).  He completed a total of 1 year and 5 days of foreign service.  Therefore, he is entitled to correction of item 12f and 18 of his DD Form 214 to show his foreign service and combat service. 
	d.  He was awarded the Expert Infantryman Badge, Combat Infantryman Badge, Ranger Tab, NATO Medal, Army Achievement Medal, and two awards of the Army Commendation Medal.  Therefore, he is entitled to correction of item 13 to show these awards. 

	e.  He served in Kosovo through one campaign from 25 January to 12 June 2001.  He is entitled to award of the Kosovo Campaign Medal with one bronze service star and correction of item 13 of his DD Form 214 to show this award. 

	f.  He served in Kuwait/Iraq from 15 February 2003 to 2 October 2003.  

		(1)  The Army recognizes 18 March 2003 as the date Operation Iraqi Freedom began.  This means the applicant was in Kuwait from 15 February 2003 to on or about 18 March 2003.  This qualifies him for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award.  

		(2)  He also served in Iraq in support of Operation Iraqi Freedom through two campaigns from at least 18 March 2003 to 2 October 2003.  This qualifies him for award of the Iraq Campaign Medal with two bronze services stars and correction of his DD Form 214 to show this award.  

	g.  He served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

	h.  He served honorably on active duty during the period 3 February 2000 through 2 February 2004.  He completed 4 years of creditable active service with no lost time.  His record contains no derogatory information or any evidence that would have disqualified him from being awarded the Army Good Conduct Medal. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Forms 214 to show this award.

	i.  The applicant completed the 3-week Airborne Course, 1-week Combat Lifesaver Course, and 5-week Sniper Course.  None of these courses is shown on his DD Form 214.  Therefore, he is entitled to correction of item 14 to show these training courses. 

	j.  The 2-week Pre-Ranger Course and 9-week Ranger Course are considered combat skills and by regulation are not entered on the DD Form 214.


3.  With respect to his mobilization DD Form 214 for the period 29 September 2008 to 18 October 2009.  

	a.  He completed 7 months of foreign service during this period and this foreign service is correctly listed in item 12f of his DD Form 214.  This foreign service was not completed during the period covered by his previous DD Form 214 (3 February 2000 to 2 February 2004).  Therefore, it cannot and should not be added to his previous DD Form 214.

	b.  He completed the 4 phases of the Human Intelligence Collector Course, from 10 July 2009 to 18 September 2009.  This training is listed on this DD Form 214.  This training was not completed during the period covered by his previous DD Form 214 (3 February 2000 to 2 February 2004).  Therefore, it cannot and should not be added to his previous DD Form 214.

4.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service (except for awards) into one DD Form 214 is not authorized.  

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 correcting his DD Form 214 for the period 3 February 2000 to 2 February 2004:

* deleting from item 4a and 4b the entries SPC and E0-4 and adding the entries SGT and E-4 respectively
* deleting from item 11 the entry 11B1P and adding the entry 11B2VB5
* deleting from item 12f the entry "0000-00-00" and adding the entry    "0001-00-05"
* deleting from item 12h the entry 2001-12-01 and adding the entry      2004-01-01
* awarding him the Army Good Conduct Medal (1st Award) for the period 3 February 2000 through 2 February 2003
* adding to item 13 of his DD Form 214:

* Army Commendation Medal (2nd award)
* Army Achievement Medal
* Expert Infantryman Badge
* Combat Infantryman Badge
* Ranger Tab
* NATO Medal
* Kosovo Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Army Good Conduct Medal (1st Award)

* Deleting from item 14 the entry "None" and adding the: 

* Airborne Course, 3 weeks, 2000
* Combat Lifesaver Course, 1 week, 2000
* Sniper Course, 5 weeks, 2003

* adding to item 18 of his DD Form 214 the "Service in Kosovo 20010125-20010612" and "Service in Kuwait/Iraq 20030215-20031002"

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 correction of his DD Form 214 for the period ending 2 February 2004 to add an additional 14 months of foreign service or add his 35M training or list the 2-week Pre-Ranger Course and 9-week Ranger Course. 



      _______ _  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)                                         AR20140001621





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ABCMR Record of Proceedings (cont)                                         AR20140001621



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