IN THE CASE OF:	  

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004239 


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 in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal
* Parachutist Badge
* Expert Infantryman Badge
* Combat Infantryman Badge
* Iraq Campaign Medal with two bronze service stars
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Valorous Unit Award

	b.  Item 14 (Military Education) the Warrior Leader Course (WLC) and the Airborne Course. 

	c.  Item 18 (Remarks) his deployment to Iraq in July 2006 and from January 2007 to March 2008.

2.  The applicant states:

	a.  It was common in his battalion to have an incomplete DD Form 214.  They were told not to worry about it and they could update it when they were leaving the service.  He was under stop loss for 10 months for a deployment to Iraq and he was extended on active duty past his original ending date.  When the unit returned from Iraq, he had about 2 weeks to complete his outprocessing.  

	b.  He had an appointment to update his DD Form 214 but he had to miss it due to a required parachute jump his command insisted he complete.  He was not fully aware of the extent of the missing data on his DD Form 214 until he applied for employment after graduating from college.  He is attaching orders/documents as proof of his claim.  He doesn't have orders for the Army Good Conduct Medal but it is shown on his Enlisted Record Brief (ERB).  

	c.  He believes he is also entitled to correction of his DD Form 214 to show the Valorous Unit Award because he was a member of the 2nd Battalion, 325th Airborne Infantry Regiment (AIR) when they were attached to the 1st Brigade, 25th Infantry Division (ID) in Mosul, Iraq, during the period they were awarded this award.

3.  The applicant provides his ERB, six permanent orders (PO), a memorandum, DA Form 1059 (Service School Academic Evaluation Report (AER)), DA Form 2166-8 (NCOER), DD Form 2796 (Post-Deployment Heath Assessment), a page titled Soldier Deployment History Outprocessing Report, and his Honorable Discharge Certificate.

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.  A review of the applicant's DD Form 214 shows award of the Parachutist Badge.  Therefore, this portion of the applicant's request will not be addressed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 16 September 2003 and he held military occupational specialty 11B (Infantryman).  On 5 February 2004, he was assigned to Company B, 2nd Battalion, 325th AIR, 82nd Airborne Division, Fort Bragg, NC.  On 1 February 2006, he was promoted to the rank/grade of sergeant (SGT)/E-5.

4.  The applicant provides the following PO:

* PO 181-03, dated 30 June 2004, issued by Headquarters (HQ), 2nd Brigade, 325th AIR, awarded him the Expert Infantryman Badge effective 30 June 2004
* PO 019-012, dated 19 January 2005, issued by HQ, 1st Brigade, 25th ID, Iraq, awarded him the Combat Infantryman Badge for the period 1 January to 15 February 2005
* PO 110-123, dated 20 April 2005, issued by HQ, 2nd Brigade, 325th AIR, awarded him the Army Commendation Medal for exceptionally meritorious achievement in support of ground combat operations in Iraq from 8 December 2004 to 15 March 2004
* PO 008-48, dated 31 March 2008, issued by 2nd BCT, 325th AIR, awarded him the Army Commendation Medal (2nd Award) for exceptionally meritorious service during combat operations in Operation Iraqi Freedom (OIF) from 4 January 2007 to 31 March 2008
* PO 046-02, dated 3 July 2008, awarded him the Army Commendation Medal (3rd Award) for exceptionally meritorious service while assigned to the 2nd Battalion, 325th AIR from 29 January 2004 to 3 July 2008

5.  The applicant provides:

	 a.  A memorandum, dated 25 March 2006, issued by the U.S. Army Human Resources Command, wherein it stated the recommendation for award of the Valorous Unit Award to the 1st BCT, 25th ID, and its assigned units for the period 5 January to 15 February 2005 was approved. 

	b.  An AER, dated 21 June 2006, wherein it shows he attended and successfully completed the WLC from 6 to 21 June 2006 (2 weeks), at the NCO Academy, Fort Bragg.

	c.  A Soldier Deployment History Outprocessing Report, dated 27 April 2008, wherein it shows he was credited with four deployments from 7 December 2004 to 28 March 2005, 1 September to 29 December 2005, 1 to 14 July 2006, and 5 January 2007 to 25 March 2008.

6.  The applicant also provides an ERB, dated 29 April 2008, wherein in Section I (Assignment Information) it shows he completed combat tours as follows in:

* Iraq (IZ), from 20041208 to 20050328 (3 months and 24 days)
* Iraq, from 20050901 to 20051229 (3 months and 29 days)
* Iraq, from 20060701 to 20060714 (16 days)
* Iraq, from 20070103 to 20080316 (1 year, 2 months, and 14 days)

This shows he served in Iraq for a total of 1 year, 10 months, and 23 days.

7.  Section VI (Military Education) of this ERB shows he was a graduate of the WLC and he completed the Combat Life Savers Course and the Airborne Course in 2004.

8.  Section VIII (Awards and Decorations) of this ERB shows he was awarded or authorized the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Valorous Unit Award
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon 
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge

9.  He was honorably released from active duty on 3 July 2008 in the rank of SGT and he was transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows in:

	a.  Item 12f (Foreign Service) the entry "0000--07--20."

	b.  Item 13 he was awarded or authorized the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Parachutist Badge

	c.  Item 14 the entry "Combat Life Savers Course, 1 week, 2004." 

	d.  Item 18 entries that show he served in Iraq from 20050901 to 20051229 and from 20041208 to 20050328.

10.  A review of the U.S. Army Human Resources Command website shows the 2nd Battalion, 325th Infantry Regiment, was cited for award of the Valorous Unit Award for the periods:

* 5 January through 15 February 2005 by Department of the Army (DA) PO 210-20, dated 29 July 2011 
* 4 January 2007 through 16 March 2008 by DA General Orders 2010-15, dated 9 September 2011

11.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his records show he participated in three campaigns during his second, third, and fourth periods of service in Iraq.

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.  The regulation stated for:

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	c.  Item 14, list the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

   d.  Item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal (3rd Award), Combat Infantryman Badge, and the Expert Infantryman Badge.  In addition, the ERB he provided shows he was awarded the Army Good Conduct Medal (1st Award), NCO Professional Development Ribbon, and the Overseas Service Ribbon.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

2.  His record shows during his second, third, and fourth periods of service in Iraq, he participated in three campaigns; therefore, he is entitled to three bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 accordingly.

3.  Orders awarded his unit two awards of the Valorous Unit Award during his period of service in the unit.  Therefore, he is entitled to correction of his DD Form 214 to show the Valorous Unit Award (2nd Award).

4.  The evidence of record confirms he completed the 3-week Airborne Course in 2004 and the 2-week WLC in 2006.  Therefore, he is entitled to correction of his DD Form 214 to show these courses.

5.  The evidence of record confirms he served in Iraq from 1 to 14 July 2006 and from 3 January 2007 to 16 March 2008, neither of which are shown on his DD Form 214, and he served in Iraq for a total of 1 year, 10 months, and 23 days.  Therefore, he is entitled to correction of his DD Form 214 to show this 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 all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

* deleting from item 12f the current entry and replacing it with the entry "0001--10--23"
* deleting from item 13 the Army Commendation Medal (2nd Award) and the Iraq Campaign Medal 
* adding to item 13 the:

* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* Expert Infantryman Badge
* Combat Infantryman Badge
* Iraq Campaign Medal with three bronze service stars
* Overseas Service Ribbon 
* Valorous Unit Award (2nd Award)

* adding to item 14 the "WARRIOR LEADER COURSE, 2 WEEKS, 2006' and "AIRBORNE COURSE, 3 WEEKS, 2004"
* adding to item 18 the entries "SERVICE IN IRAQ FROM 20060701-20060714" and "SERVICE IN IRAQ FROM 20070103-20080316"



      _______ _   __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)                                         AR20140004239





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ABCMR Record of Proceedings (cont)                                         AR20140004239



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