IN THE CASE OF:  	  

		BOARD DATE:  21 May 2015	  

		DOCKET NUMBER:  AR20140017564 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Iraq and Afghanistan.  He additionally asks the following awards be added:

* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar
* "Combat Unit Badge" referring to the Combat Service Identification Badge which identifies the unit with which he served in combat
* Thailand Parachutist Badge

2.  The applicant states his foreign service and some of his awards are missing from his DD Form 214.

3.  The applicant provides a DD Form 214.

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 20 June 2001.  After completing initial training, he was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade held was specialist/E-4.

3.  Records show his assignments included:

* Headquarters and Headquarters Company, 1st Battalion, 507th Parachute Infantry Regiment (PIR) from on or about 19 October 2001 to on or about 19 October 2001
* Company B, 1st Battalion, 507th PIR from on or about 20 October 2001 to on or about 27 March 2002
* Company A, 3rd Battalion, 75th Ranger Regiment from on or about 28 March 2002 to 31 October 2004

4.  On 20 August 2004, a physical evaluation board (PEB) found the applicant unfit for continued military service as a result of the medical condition of heat stroke.  He was awarded a disability rating of 10 percent and the PEB recommended separation with severance pay.  On 30 August 2004, the applicant concurred with the PEB's recommendation and waived his right for a formal hearing.  On 31 October 2004, the applicant was discharged accordingly.

5.  His DD Form 214 shows he was honorably discharged, with the narrative reason showing as disability, severance pay.  He completed 3 years, 4 months, and 11 days of net active creditable service.  Item 12 (Record of Service), sub-item f (Foreign Service) shows no credit for foreign service.  There are no entries in item 18 (Remarks) stating he service in either Iraq or Afghanistan.  He was awarded or authorized:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army Lapel Button

6.  His Enlisted Record Brief (ERB), under Section I (Assignment Information) covering overseas duty is blank.  

	a.  Under awards it does not show the award of the:
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge with bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar
* Unit Awards
* Thailand Parachutist Badge

	b.  The ERB does show the following awards:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal

7.  Permanent Orders (PO) Number 304-351, dated 31 October 2001, issued by Headquarters, U.S. Army Infantry Center, awarded the applicant a Parachutist Badge.

8.  PO Number 156-01789, dated 4 June 2004, issued by U.S. Army Garrison, Fort Benning, awarded the applicant the Army Good Conduct Medal (1st Award).  

9.  A review of the applicant's official military personnel file (OMPF) is void of any orders showing either deployment to Iraq or Afghanistan.  Additionally, his OMPF does not contain any orders showing the awards of:

* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge with bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar
* Unit Awards
* Thailand Parachutist Badge

10.  According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 3 January 2004 through 3 April 2004 for service in Afghanistan.  They do not show the applicant receiving Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for Iraq.

11.  The information from DFAS shows the applicant has qualifying service for one Afghanistan campaign:  Consolidation I (1 December 2001 to 30 September 2006).


12.  The analyst of record was able to contact the applicant in an effort to clarify his request and obtain documents which would verify his contentions.  Unfortunately, the applicant indicated he did not have any additional documents.  The applicant explained he meant the Combat Service Identification Badge when he referred to the Combat Unit Badge.

13.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214.  

	a.  Regarding item 12f, it states, the total amount of service performed outside the continental U.S. during the period of the DD Form 214.  

	b.  List all Federally recognized awards and decorations for all periods of service.  Do not enter foreign or State-level awards on the DD Form 214.

	c.  In item 18, show the name of the country to which deployed and the service dates.

14.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards.  It states:

	a.  There are three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat (emphasis added).  

	b.  The basic criteria for the Expert Infantryman Badge are the recipient must:

* be in an active Army status
* possess a primary MOS in a qualified career management field (CMF) (includes CMF 11)
* take and pass a proficiency test with an infantry unit of at least battalion size

	c.  Marksmanship badges are awarded to indicate the degree in which an individual has qualified on a weapon based upon qualification in a prescribed record course.  Commanders in the rank or position of lieutenant colonel may approve marksmanship badges.

	d.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (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.  

	e.  A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.  Orders are required to confirm award of these badges.  A Soldier's combat parachute jump credit is tied directly to the assault landing credit decision for the unit to which the Soldier is attached or assigned at the time of the assault.  Should a unit be denied air assault credit, no air assault credit will accrue to the Soldier.  Each Soldier must physically exit the aircraft to receive combat parachute jump credit and the Parachutist Badge with bronze service star.

	f.  Foreign badges are addressed in Table D-1.  Thailand offers a number of parachutist badges, but only some are authorized for wear on the U.S. Army uniform.  Accompanying documents must be read very carefully to discern whether the badge fits the criteria for wear.  Included in Table D-1 are the following parachutist awards:

* Royal Thai Air Force Skydiver Wing Badge
* Royal Thai Army Airborne Wings

15.  Department of the Army Pamphlet 670-1 (Guide to the Wear and Appearance of Army Uniforms and Insignia) states permanent wear of a unit award is only authorized when the recipient was assigned to the unit and participated in the cited action.

16.  A review of the U.S. Army Human Resources Command (HRC) website for unit awards did not reveal either the 507th PIR or 3rd Battalion, 75th Rangers received a unit award while the applicant was assigned.

17.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) addresses shoulder sleeve insignia-former wartime service (SSI-FWTS).  Combat service identification badges are authorized for wear on the uniform for periods for which SSI-FWTS would be allowed.  It is not considered to be an award, but rather part of the Army uniform.







DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 does not show his foreign service in
Iraq or Afghanistan.  Additionally, he states it is missing awards:

* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar
* "Combat Unit Badge" implying the receipt of a combat-related unit award
* Thailand Parachutist Badge 

2.  DFAS confirms his service in Afghanistan for the period 3 January 2004 through 3 April 2004; however, there is no supporting evidence to show he served in Iraq.  

3.  His records do show awards that are missing from his DD Form 214:

* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Parachutist Badge

4.  Based upon the information from DFAS, the applicant would be qualified to be awarded the Afghanistan Campaign Medal with one bronze service star.

5.  There are no orders or other supporting documentation which enables the addition of those awards he contends he received to his DD Form 214.  

	a.  For the Combat Infantryman Badge, evidence must be given which shows the applicant met the three criteria.  He was assigned to an infantry unit and received an Army Good Conduct Medal, so it is reasonable to presume his performance as an infantryman was satisfactory.  There is no evidence, however, he participated in active ground combat.

	b.  Regarding the Expert Infantryman Badge, he held a CMF 11 MOS and was assigned to an infantry unit but additionally must provide proof he tested and passed the proficiency requirement in a battalion or larger infantry unit.

	c.  A bronze service star on a Parachutist Badge denotes a Soldier's participation in a combat parachute jump.  Orders are required to confirm this award (emphasis added).  Additionally, the Soldier's combat parachute jump credit is tied directly to the assault landing credit decision for the unit to which the Soldier is attached or assigned at the time of the assault.  Only if the unit is given assault landing credit will a Soldier be authorized the bronze service star.

	d.  Marksmanship badges are authorized based upon scores achieved at prescribed record qualifications.  No evidence is either available in his record or provided by the applicant to show he met the requirement for the award of an Expert Marksmanship Qualification Badge with a Rifle Bar.

	e.  Thailand offers more than one version of a Parachutist Badge.  Documents accompany such an award and must be carefully reviewed to determine whether or not is it honorary.  If honorary, it may not be authorized for wear and therefore not eligible to be added to the DD Form 214.  The applicant provides no evidence as to what badge he received and thus there is insufficient information available to determine if it can be added to his DD Form 214.

6.  Based upon the foregoing, his DD Form 214 should be corrected to reflect his service in Afghanistan for the period 3 January 2004 through 3 April 2004 and add only the following awards:

* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Afghanistan Campaign Medal with one bronze service star
* Parachutist Badge

7.  Should he be able to provide verifying documentation (such as orders) within one year of the date of the Board's decision, his application may be reconsidered.

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 adding the following to his DD Form 214:

	a.  In item 12f, delete the entries showing 0000/00/00 and replace with 
0000/03/02.

	b.  In item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), add:

* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Afghanistan Campaign Medal with one bronze service star
* Parachutist Badge

	c.  In item 18, the entry "Service in Afghanistan 20040103-20040403."

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 adding appropriate entries showing service in Iraq as well as the following awards:

* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar
* "Combat Unit Badge" implying the receipt of a combat-related unit award
* Thailand Parachutist Badge 

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices he made in service to our Nation.  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)                                         AR20140017564



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017564



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1