IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140002955 


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) for the period ending 27 February 2013 to show the Afghanistan Campaign Medal (ACM) and Expert Infantryman Badge (EIB).  

2.  The applicant states he provided documentation for the awards during his outprocessing; however, his DD Form 214 does not reflect his deployment to Afghanistan from 3 December 2008 to 28 November 2009 or the EIB.  

3.  The applicant provides:

* DD Form 214 for the period ending 27 February 2013
* Orders 334-025, issued by Headquarters, Camp Atterbury, IN on            29 November 2008
* Individual Infantry Training Diploma, issued by the 2nd Infantry Training Brigade, Fort Benning, GA on 16 May 1985

CONSIDERATION OF EVIDENCE:

1.  On 9 October 1984, the applicant enlisted in the Pennsylvania Army National Guard (PAARNG).  On 11 February 1985, he entered active duty for the purpose of completing his initial entry training and on 10 May 1985, upon the completion of his initial entry training, he was relieved from active duty and returned to the PAARNG.  The DD Form 214 issued at that time shows he had been awarded military occupational specialty (MOS) 11B (Infantryman).  

2.  He provides a diploma, dated 16 May 1985, which shows he completed Individual Infantry Training.  The diploma makes no reference to the EIB.

3.  On 15 May 1987, he was discharged from the PAARNG and transferred to the U.S. Army Reserve (USAR).  On 8 February 1994, he was discharged from the USAR.  

4.  On 9 November 2007, following a break in service, he enlisted in the USAR.  

5.  Orders 334-025, issued by Headquarters, Camp Atterbury, IN on 29 November 2008, ordered him to active duty for a period not to exceed 361 days for the purpose of deployment to Afghanistan in support of Operation Enduring Freedom (OEF).  His record shows he entered active duty on             25 October 2008.  

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 4 December 2008 through 17 October 2009.  

7.  Review of his record shows that, after his return from Afghanistan, he was retained on active duty for continued medical care and treatment.  

8.  On 27 February 2013, he was retired and placed on the Temporary Disability Retired List.  His DD Form 214 for this period of active duty shows in:

* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* North Atlantic Treaty Organization Medal
* Combat Action Badge
* Driver and Mechanic Badge with Driver-Wheeled Vehicles Clasp

* item 18 (Remarks) – no entry documenting deployed service in Afghanistan
9.  His record is void of documentation that shows he was awarded the EIB or that he completed the proficiency tests required for award of this badge.

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

	a.  The ACM is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved Afghanistan campaigns include Consolidation II (1 October 2006-30 November 2009).

	b.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  

	c.  Award of the EIB requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

11.  According to the Awards and Decorations 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 continuous months in Iraq or Afghanistan get credit for a completed short tour.

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

* item 12f, enter the total amount of foreign service completed during the period covered in block 12c
* item 18, for a Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed to Afghanistan from 4 December 2008 through 17 October 2009, a period of 10 months and 14 days, and his deployed service coincided with one campaign.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 27 February 2013 to show the ACM with one bronze service star and the OSR.  

2.  It would also be appropriate to correct his DD Form 214 for the period ending 27 February 2013 to properly reflect his deployed service by replacing the entry in item 12f with "0000  10  14" and adding to item 18 the statement " SERVICE IN AFGHANISTAN FROM 20081204–20091017."

3.  The applicant has provided the diploma he received upon completion of initial entry training as an infantryman.  This training was not equivalent to the prescribed proficiency tests required to be awarded the EIB.  In the absence of evidence showing he met the requirements for award of the EIB, there is no basis for correcting his DD Form 214 to show he was awarded this badge.

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 amending his DD Form 214 for the period ending 27 February 2013 as follows:

* replace the entry in item 12f with "0000  10  14"
* add to item 13 the ACM with one bronze service star and OSR
* add to item 18 the statement " SERVICE IN AFGHANISTAN FROM 20081204–20091017"

2.  The Board further determined that the evidence presented was 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 the EIB.  



      _______ _   _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)                                         AR20140002955





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ABCMR Record of Proceedings (cont)                                         AR20140002955



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