IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140015926 


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 his:

* rank/grade as sergeant (SGT)/E-5 vice private first class (PFC)/E-3
* foreign service in Afghanistan from May to August 2002 and in Iraq from January to May 2003 

2.  The applicant states his records were not up to date for his rank and he does not know why his service in Afghanistan and Iraq are not shown but he served in combat and served honorably.  He served twice in Afghanistan and once in Iraq and left the Army with the rank of SGT but only one of his tours in Afghanistan is shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and a statement of support.

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 18 January 2001 and he held military occupational specialty 11B (Infantryman).  On 27 July 2001, he was assigned to Company B, 3rd Battalion, 75th Ranger Regiment, Fort Benning, GA.

3.  On 1 May 2003, he was assigned to Company C, U.S. Army Infantry Center (USAIC), Fort Benning, and on 26 January 2004, he was assigned to Company A, 2nd Battalion, 29th Infantry Regiment, Fort Benning.  He was promoted to the rank/grade of specialist (SPC)/E-4 on 1 April 2004.

4.  On 20 June 2004, he was arrested by military police for driving under the influence (DUI).  On 24 June 2004, he received nonjudical punishment under the provisions of Article 15, Uniform Code of Military Justice, for DUI.  Part of the punishment imposed included reduction to the rank of PFC.  The Article 15 is not available for review with this case.

5.  On 12 July 2004, he received a general officer memorandum of reprimand (GOMOR) wherein the Commanding General (CG), USAIC and Fort Benning, stated he was being administratively reprimanded for being arrested on 20 June 2004 for DUI.  The CG further stated the reprimand may be filed in his official military personnel file (OMPF) and he had a right to submit matters in his defense.  On 14 July 2004, the applicant acknowledged receipt of the GOMOR and subsequently declined to submit a statement on his own behalf.

6.  On 16 July 2004, his immediate commander recommended the GOMOR be filed locally and stated the applicant had already been reduced because of the incident.  The CG subsequently directed the GOMOR be filed in his OMPF.

7.  Orders 271-2222, dated 27 September 2004, issued by Headquarters (HQ), USAIC and Fort Benning, assigned him to the U.S. Army Transition Center, Fort Benning for transition processing and release from active duty.  These orders show his rank as PFC. 

8.  He was honorably released from active duty on 17 January 2005 and he was transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows the following entries in:

* item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) - PFC and E-3 respectively
* item 12f (Foreign Service) - 0000--06--01
* item 12h (Effective Date of Pay Grade) - 2004--06--24
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Global War on Terrorism Service Medal
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Lapel Button 
* Army Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge

* item 18 (Remarks) - Service in Afghanistan 20011007-20020107            [93 days] 

9.  His Enlisted Record Brief, dated 24 September 2004, shows his date of rank to PFC as 24 June 2004.  His record is void of any evidence that shows he was ever promoted to the rank of SGT or that he was promoted to the rank of SPC after 24 June 2004.

10.  The Defense Finance and Accounting Service (DFAS) official verified, in part, he received hostile fire (HF)/imminent danger pay (IDP) for service in:

* Afghanistan from 20 June to 4 September 2002 (77 days)
* Saudi Arabia from 6 March to 13 April 2003 (39 days)

11.  The applicant provides a statement of support, dated 24 August 2014, wherein an individual stated he was a former staff sergeant and served with the applicant in Afghanistan and Iraq.  He witnessed the applicant being promoted to E-5 in August 2004, saw him leave the Army as an E-5 in January 2005.  He witnessed him going to Iraq in February 2003, and receiving his "jump star" for a jump into Afghanistan during Operation Gecko and Operation Rhino in October 2001.  

12.  A review of the history of the 3rd Battalion, 75th Ranger Regiment shows:

	a.  On 19 October 2001, in support of Operation Enduring Freedom (OEF) portions of Companies A and C conducted a low-level parachute assault into Afghanistan in order to capture key logistical information.  During follow-on missions, forces from Company B accomplished a successful night parachute assault to secure a desert landing strip.
	b.  The 3rd Battalion was called on again in Operation Iraqi Freedom (OIF).  In the hours before the invasion began, Company A and sections of HQ Company carried out a successful parachute assault in Iraq.  On 31 March 2003, Company B gained a foothold of the Hadithah Dam Complex and over the next week fought off elements from the Iraqi Republican Guard.

13.  Army Regulation 600-8-22 (Military Awards) states the: 

	a.  Afghanistan Campaign Medal 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 date to be determined.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his records shows during his service in Afghanistan he participated in two campaigns.

	b.  Armed Forces Expeditionary Medal was authorized for participation in Operation Desert Spring.  Operation Desert Spring was part of an ongoing operation established in Southwest Asia on 31 December 1998 and ended on 18 March 2003 with the beginning of OIF.

	c.  Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility 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.  A review of the applicant's records shows during his service in Iraq he participated in one campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he served in Afghanistan 7 October 2001 to 7 January 2002, a period of 93 days.  A DFAS official confirmed the applicant received HF/IDP for service in Afghanistan from 20 June to 4 September 2002, a period of 77 days, and for service in Saudi Arabia from 6 March to 13 April 2003, a period 39 days; this foreign service totals 209 days or 6 months and 29 days. 

2.  The history of the 3rd Battalion, 75th Ranger Regiment shows, before the invasion of Iraq began on 19 March 2003, the battalion entered Iraq and continued their assault at least through April 2003.  It is reasonable to presume the applicant deployed with his unit to Saudi Arabia on 6 March 2003 where his entitlement to HF/IDP was processed and the unit subsequently proceeded to Iraq.  Therefore, it would be appropriate to correct his DD Form 214 to show his additional foreign service in Afghanistan and in Saudi Arabia/Iraq.

3.  He served in Afghanistan during a qualifying period for entitlement to the Afghanistan Campaign Medal with 2 bronze service stars and in Iraq during a qualifying period for entitlement to the Iraq Campaign Medal with 1 bronze service star.  Therefore, his DD Form 214 should be corrected accordingly.

4.  While respect to showing he served in Afghanistan from May to August 2002 and in Iraq from January to May 2003, he did not provide any evidence to support his contention that these were the dates of his additional foreign service while DFAS verified his foreign service as stated in paragraph 1 above.  Therefore, there is insufficient evidence to correct his DD Form 214 to show he served in Afghanistan from May to August 2002 and in Iraq from January to May 2003.

5.  With respect to showing his rank/grade as SGT/E-5, the evidence of record shows he was reduced from the rank of SPC to the rank of PFC on 24 June 2004 and this is the rank he held at the time of his release from active duty on 17 January 2005.  The evidence of record does not show and the applicant has not provided any military records to support his claim that he was promoted to the rank of SGT or that he was promoted to the rank of SPC after his reduction on 24 June 2004. Therefore, there is an insufficient evidentiary basis for granting this portion of the requested relief.

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 by:

* deleting the entry in item 12f and replacing it with the entry "0000-06-29"
* adding to item 13 the Afghanistan Campaign Medal with 2 bronze service stars and the Iraq Campaign Medal with 1 bronze service star
* adding to item 18 the entries "SERVICE IN AFGHANISTAN 20020620-20020904" and "SERVICE IN SAUDI ARABIA/IRAQ 20030306-20030413"

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 showing his rank as SGT and his service in Afghanistan from May to August 2002 and in Iraq from January to May 2003.



      ___________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)                                         AR20140015926





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ABCMR Record of Proceedings (cont)                                         AR20140015926



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