IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150004742 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. Amend item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded or authorized the: * Army Achievement Medal * Combat Infantryman Badge * Expert Infantryman Badge b. Amend item 14 (Military Education) to show he successfully completed the Airborne and Ranger Indoctrination Program courses of instruction. c. Amend item 18 (Remarks) to show: * his authorization for the "Ranger Combat Scroll" (Shoulder Sleeve Insignia – Former Wartime Service (SSI-FWTS)) for his former wartime service, commonly referred to as a "combat patch" * his combat deployments from 7 July 2006 to 7 October 2006 and 4 March 2007 to 22 May 2007 2. The applicant states his DD 214 had not been updated since basic training and does not include any of his combat time, Ranger Scroll, or any medals. 3. The applicant provides: * Orders Number 317-2869, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia on 13 November 2005 * Diploma, Airborne Course, dated 27 January 2006 * Certificate of Graduation, Ranger Indoctrination Program, dated 24 March 2006 * Orders Number 93-13, issued by Headquarters, 1st Battalion, 75th Ranger Regiment on 3 April 2006 * Certificate of Training, Expert Infantryman Badge, dated from 10 April 2006 to 27 April 2006 * DA Form 638 (Recommendation for Award), page 1 only, dated 12 May 2007 * DA Form 4980-18 (Army Achievement Medal Certificate), dated 17 August 2007 * DA Form 1307 (Individual Jump Record), dated from 30 January 2006 to 25 September 2008 * Soldier Deployment History Out-processing Report, dated 1 October 2008 * Enlisted Record Brief (ERB), dated 5 May 2008 * DD Form 214 Worksheet 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 has not exhausted his administrative remedies with respect to Combat Infantryman Badge. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states in section II, paragraph 2-5 that the ABCMR will not consider an application unless the applicant has exhausted all administrative remedies to correct the alleged error or injustice. There is no evidence the applicant first submitted his application for award of the Combat Infantryman Badge to the U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, and was denied this award. 3. The applicant enlisted in the Regular Army on 14 September 2005. He held military occupational specialty 11B (Infantryman) and attained the rank/grade of specialist (SPC)/E-4. 4. Permanent Orders Number 19-2810, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia on 19 January 2006, awarded him the Parachutist Badge following his completion of the Airborne Course. 5. He provides his diploma for the Airborne Course, dated 27 January 2006. 6. He provides a Certificate of Graduation from the Ranger Indoctrination Program, dated 24 March 2006. This certificate shows he successfully completed the Ranger Indoctrination Program and was accorded the right to wear the Ranger tan beret while assigned to the 75th Ranger Regiment. 7. He provides a Certificate of Training that shows he successfully completed the Expert Infantryman Badge training program. The certificate indicates the training course was 40 hours long and took place from 10 April 2006 through 27 April 2006. This certificate also refers to Permanent Orders Number 122-01, issued by the 1st Battalion, 75th Ranger Regiment, Hunter Army Airfield, Georgia on 2 May 2006. Presumably these orders awarded him the Expert Infantryman Badge. 8. He provides an extract of a DA Form 638, dated 12 May 2007, which shows he was recommended for award of the Army Achievement Medal for achievement during the period from 7 April 2007 through 12 July 2007, and an Army Achievement Medal Certificate, dated 17 August 2007, which also indicates he was awarded the Army Achievement Medal for achievement during the period from 7 April 2007 through 12 July 2007. This Army Achievement Medal Certificate is annotated with Permanent Orders Number 229-2, issued by Headquarters, 1st Battalion, 75th Ranger Regiment, Hunter Army Airfield, Georgia on 17 August 2007. Presumably these orders awarded him the Army Achievement Medal. 9. He provides a Soldier Deployment History Out-processing Report, dated 1 October 2008. This report shows he deployed in support of named operations to unspecified locations during the periods 7 July 2006 to 7 October 2006 and 3 April 2007 to 22 May 2007. 10. He was honorably discharged on 13 November 2008. His DD Form 214 shows in: a. Item 12f (Foreign Service): 0000 00 00 b. Item 13, he was awarded or authorized the: * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon * Parachutist Badge c. Item 14 (Military Education): * Airborne, 3 weeks, 2006 * Initial Ranger Course, 4 weeks, 2006 d. Item 18 (Remarks): "SERVICE IN IRAQ 20070403-20070522//SERVICE IN IRAQ 20060707- 20061007" 11: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Award of the Expert Infantryman Badge 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. b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. c. 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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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. d. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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. 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) 12. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were prepared for Soldiers upon retirement, discharge, or release from active service or control of the Active Army. This regulation provided that the entries in item 14 of the DD Form 214 originated from the separating Soldier's ERB. When completing the DD Form 214, the preparer was instructed to list all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is used to assist the separating Soldier in job placement and counseling; therefore, training courses for combat skills are not listed. 13. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the SSI-FWTS, commonly referred to as a "combat patch." The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the SSI-FWTS on the DD Form 214 as it is an item of uniform wear and not an award or decoration. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show he was awarded the Army Achievement Medal, the Combat Infantryman Badge, and the Expert Infantryman Badge. a. Item 13 of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal; as such, no correction to the DD Form 214 is necessary to add this award. b. The applicant has not exhausted his administrative remedies with respect to Combat Infantryman Badge. He must first apply for relief through HRC; therefore, corrective action by this Board would be premature at this time. c. The applicant's record does not contain orders that show he was awarded the Expert Infantryman Badge and item 13 of his DD Form 214 does not reflect his authorization for this badge. However, he provides a Certificate of Training that shows he successfully completed an Expert Infantryman Badge training program on 27 April 2006. This certificate contains a permanent order number; presumably, this number identifies the orders that awarded him the Expert Infantryman Badge. 2. The applicant contends his DD Form 214 should be corrected to show he successfully completed the Airborne and Ranger Indoctrination Program courses of instruction. Item 14 of his DD Form 214 shows he completed the Airborne and Initial Ranger Courses; as such, no correction to the DD Form 214 is necessary. 3. The applicant contends his DD Form 214 should be corrected to show his authorization to wear the "Ranger Combat Scroll," based on his former wartime service with the 75th Ranger Regiment and his combat deployments from 7 July 2006 to 7 October 2006 and 4 March 2007 to 22 May 2007. a. There are no provisions for entering either the "Ranger Combat Scroll" or SSI-FWTS on the DD Form 214 as it is an item of uniform wear and not an award or decoration. b. Item 18 contains the entry "SERVICE IN IRAQ 20070403 – 20070522 //SERVICE IN IRAQ 20060707- 20061007," referring to his two deployments /foreign service in Iraq totaling 4 months and 21 days. Item 12f of his DD Form 214 does not reflect his 4 months and 21 days of foreign service. 4. The applicant served on active duty from 14 September 2005 to 13 November 2008 and was honorably released from active duty. His record does not contain any derogatory information that would indicate his commander intended to deny him his initial award of the Army Good Conduct Medal upon his eligibility for this award. It appears he met the criteria for award of the Army Good Conduct Medal. 5. The applicant met the regulatory requirement for the Global War on Terrorism Service Medal in that he participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal during some parts of his military service and he served on active duty during a period authorized for this award. 6. The evidence of record shows the applicant served in Iraq on two occasions and participated in two campaigns; however, his DD Form 214 does not reflect the Iraq Campaign Medal with two bronze service stars. 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 14 September 2005 to 13 November 2008; and b. amending item 12f by deleting the entry "0000 00 00" and replacing it with the entry "0000 04 21"; c. amending item 13 by adding the: * Army Good Conduct Medal (1st Award) * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal * Expert Infantryman Badge 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 the Ranger Combat Scroll (i.e., Shoulder Sleeve Insignia – Former Wartime Service) to his DD Form 214. _______ _ _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) AR20150004742 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004742 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1