IN THE CASE OF: BOARD DATE: 8 October 2015 DOCKET NUMBER: AR20150001915 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) to show in: a. item 11 (Primary Specialty) – "11B2V" (Infantryman with the Ranger Special Qualification Identifier (SQI)) b. item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM)(2nd Award) * Right Shoulder Insignia (SSI) (i.e., shoulder sleeve insignia/former war time service (SSI/FWTS)) * Overseas Service Ribbon (OSR) * Noncommissioned Officer Professional Development Ribbon (NCOPDR) * Expert Marksmanship Qualification Badge with Rifle Bar c. item 14 (Military Education) – * Ranger School, 9 weeks, September 2002 * Basic Airborne Course, 3 weeks, May 2000 * Ranger Indoctrination Program, 3 weeks, June 2000 * Advanced Marksmanship Training, 3 weeks, August 2001 * Combat Lifesaver Course, 1 week, June 2000 2. The applicant states the records office was moving locations during his expiration term of service and his awards and medical record could not be located. 3. The applicant provides: * two ARCOM certificates * two DA Form 638 (Recommendation for Awards) * SSI Order * four certificates * Ranger Tab Order 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's military records show he enlisted in the Regular Army on 13 January 2000. He was trained in, awarded, and served in military occupational specialty 11B (Infantryman). 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Afghanistan from 7 October 2001 to 7 January 2002. Item 17 (Civilian Education and Military Schools) includes the following entries: SCHOOL MAJ/COURSE/MOSC DURATION COMPLETED YEAR USAITB Infantryman (11B) 14 weeks Yes 00 USAIC Airborne 3 weeks Yes 00 USAIC RIP 3 weeks Yes 00 4. His official military personnel file (OMPF) contains: a. Permanent Orders (PO) Number 135-435, dated 14 May 2000, issued by Headquarters, U.S. Army Infantry Center (USAIC), Fort Benning, GA, awarding him the Parachutist Badge in MOS 11B1P upon successful completion of the Airborne Training on 26 May 2000. b. DA Form 1059 (Service School Academic Evaluation Report), dated 1 August 2003, that shows he completed the Primary Leadership Development Course on 1 August 2003. 5. On 13 January 2004, the applicant was honorably released from active duty (REFRAD) in the rank of sergeant/E-5, having completed 4 years and 1 day of creditable active duty service. His DD Form 214 shows in: a. item 11 – 11B2O 00 Infantryman – 3 years – 8 months b. item 13 - * Army Good Conduct Medal * National Defense Service Medal * Army Lapel Button * Army Service Ribbon * Expert Infantryman Badge * Parachutist Badge c. item 14, Infantryman (11B), 14 weeks, and Airborne, 3 weeks. 6. A review of the applicant’s Defense Finance and Accounting Service (DFAS) military pay record shows he also received imminent danger pay/hostile fire pay (IDP/HFP) from 1 October through 31 December 2001 and from 1 October 2002 through 31 October 2010 (sic: this year should be 2002) for Afghanistan. 7. The applicant provides two certificates announcing awards of the ARCOM as follows: a. PO Number 195-045, dated 14 July 2003, issued by the 75th Ranger Regiment, awarded him the ARCOM for exceptionally meritorious service from 29 June 2000 to 30 July 2003; and b. PO Number 321-476, dated 17 November 2003, issued by Headquarters, 11th Infantry Regiment, awarded him the ARCOM for outstanding achievement and performance from 13 January 2000 to 30 January 2004. 8. He also provides a DA Form 638 dated 11 July 2003, which recommended him for the ARCOM while he served with the 75th Ranger Regiment. Part II (Justification and Citation Data) includes the following statements under the “Achievements” indicated: a. Achievement Number 1 – [Applicant] graduated from the U.S. Army Ranger School, attended the Battalion Advanced MOUT course, earned his Expert Infantryman’s Badge, and CIB. b. Achievement Number 3 – [Applicant] deployed on two rotations in support of Operation Enduring Freedom (OEF), conducting combat and sustainment operations in Afghanistan. (A second DA Form 638 dated 11 November 2003 shows his two periods of deployments were from October to December 2001 and from July to October 2002.) 9. He further provides: * PO Number 100-375, dated 10 April 2002, issued by Headquarters, 3rd Battalion, 75th Ranger Regiment, announcing his award of their unit’s SSI/FWTS * a certificate issued by Headquarters, 75th Ranger Regiment, showing he served with distinction to achieve freedom from tyranny in support of OEF from 9 October to 10 December 2001 * PO Number 190-E72, dated 9 July 2002, issued by Headquarters, USAIC, announcing his award of the Ranger Tab in MOS 11B1V in the rank of specialist/E-4 * Certificate of Graduation, issued by the 75th Ranger Regiment, showing he successfully completed the Pre Ranger Program on 8 March 2002 * Certificate of Graduation issued, by the 75th Ranger Regiment, showing he successfully completed the Regimental Indoctrination Program (RIP) on 28 June 2000 * USAIC Diploma showing he successfully completed the Airborne Course on 26 May 2000 10. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. a. Paragraph 2-16 provides guidance on the Afghanistan Campaign Medal (ACM). (1) The ACM is authorized for service in Afghanistan on or after 24 October 2001, to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom. Under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal (GWOTSM), the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. (2) A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the Afghanistan. Table B-1 of the awards regulation contains a list of campaigns. It shows that during the applicant's tenure of assignment in Afghanistan, he was credited with participating in the Liberation of Afghanistan (11 September 2001-30 November 2001) and Consolidation I (1 December 2001-30 September 2006) campaigns. b. Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the GWOTSM. It states it is authorized to members who have participated in the GWOT operations outside of the designated AOE for the GWOTEM on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty during the qualifying period having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM. c. Paragraph 5-4 provides guidance on the OSR. It is awarded to members of the U.S. Army for successful completion of overseas tours, effective 1 August 1981. To receive the OSR, Soldiers must be credited with a normal overseas tour completion in accordance with AR 614-30 (see table 3-2). Soldiers who serve a minimum of 11 cumulative months in a 24 month period, or 9 continuous months in a TCS/TDY status get credit for a completed short tour. (15 or more days in a month will round up, so 10 months and 15 days rounds up to 11 months.) d. Paragraph 5-6 contains guidance for award of the NCO Development Ribbon (NCOPDR). It is awarded to enlisted members of the Active Army and Reserve Components who, on or after 1 August 1981, successfully completed a designated NCO professional development course. This award consists of the basic ribbon with numeral devices of 2, 3, or 4, to signify satisfactory completion of the respective levels of NCO professional development. e. Paragraph 8-6 contains guidance on the award of the CIB and it states that there are basically 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. f. Paragraph 8-48 contains guidance on the award of the Ranger Tab. It states it is authorized for award to U.S. military and civilian personnel, and foreign military personnel who successfully complete a Ranger course conducted by the U.S. Army Infantry School. 11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. a. Paragraph 2-4h(11) states to enter the titles of all MOSs awarded and held for at least 1 year during the current period of service and include for each MOS, the number of years and months held. For time determinations, 16 or more days counts as a month. Do not count time in training (basic training, advanced individual training, Basic Officer's Leader Course, or MOS-producing school). Primary MOS is awarded by Service school completion or by publication of orders awarding the MOS. b. Paragraph item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. c. Paragraph 2-4h(13) states to list awards and decorations for all periods of service in order of precedence as listed in Army Regulation 600-8-22, which does not include Certificates of Achievement. d. Paragraph 2-4h(14) states that 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 to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed. e. Paragraph 2-4h(18) states item 18 will include an entry that specifies for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included. 12. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia as worn by members of the active Army and U.S. Army Reserve, as well as by former Soldiers. Paragraph 28-17 states the wear of an SSI-FWTS is reserved for individuals who were members of U.S. Army units deployed to a hostile environment in the theater or area of operations during the designated combat operations and must be approved for wear by the Chief of Staff of the Army. DISCUSSION AND CONCLUSIONS: 1. The applicant contends items 11, 13, and 14 of his DD Form 214 should be corrected to show additional awards and training courses that were omitted. There is sufficient evidence to support granting a portion of the requested relief. 2. The evidence of record and official orders provided by the applicant confirms he was awarded the Ranger Tab and “V” SQI upon successful completion of Ranger Training on 12 July 2002. While this evidence did not identify the course length, the applicant indicated its duration was 9 weeks. Therefore, his DD Form 214 should be corrected at this time to show MOS “11B2V” in item 11 and the Ranger Tab in item 13. 3. The governing regulation authorizes an entry on the DD Form 214 for those formal in-service training courses successfully completed during the covered period of service provided they are not training courses for combat skills. Accordingly, the applicant’s completion of the Ranger course should not be shown. It has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board. For this reason, the Board will not take any action to affect the administrative change to remove the 11B infantryman course training from his DD Form 214. 4. PO awarded him two awards of the ARCOM, neither of which are shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show the ARCOM (2nd Award). 5. The evidence of record confirms the applicant held an infantry MOS and participated in combat operations while assigned to the 75th Ranger Regiment in support of OEF. The statement on the DA Form 638 should be accepted as sufficient for award of the CIB. 6. A DA Form 1059 on file confirms he completed PLDC on 1 August 2003. As such, he has satisfied the criteria necessary for award of the NCOPDR and it should be added to his record DD Form 214. 7. The evidence of record confirms the applicant completed the 3-week Basic Airborne Course on 26 May 2000 and the 3-week RIP training in June 2000. Item 14 of his DD Form 214 does not list and/or appropriately list this training. Therefore, his DD 214 should be corrected at this time to show this training. 8. The evidence of record and the applicant’s DFAS record confirms he served Afghanistan in support of OEF from 7 October 2001 through 7 January 2002 and 1 – 31 October 2002, totaling 4 months and 1 day. It also confirms he served on active duty outside of GWOT AOE after 11 September 2001. Therefore, based on this service and campaign participation, he is entitled to the ACM with two bronze service stars and GWOTSM and these awards should be added to his DD Form 214. In addition, his DD Form 214 should be corrected to shows he completed 4 months and 1 day service in item 12f and the entry "SERVICE IN AFGHANISTAN FROM 20011007-20020107 and FROM 20021001 - 20021031" to item 18 of his DD Form 214. 9. In order to receive completed tour credit and be eligible for the OSR, a member must complete 11 cumulative months of TCS/TDY service in a 24-month period or 9 continuous months of TCS/TDY service. The evidence of record shows the applicant only served in Afghanistan for 3 months and 1 day from 7 October 2001 through 7 January 2002. His DFAS record also confirms he served one additional month in Afghanistan during a second deployment from 1-31 October 2002. He did not serve a qualifying period necessary for award of the OSR and therefore he is not eligible for this ribbon. 10. There is no evidence of record and the applicant did not provide any evidence to show he qualified “expert” with any weapon, completed advanced marksmanship training, or to show he completed the Combat Lifesaver Training. As a result, there is no basis upon which to grant this portion of requested relief. 11. Finally, the SSI/FWTS is an item of clothing. There are no regulatory provisions for showing uniform insignias on the DD Form 214. Therefore, the portion of the applicant's request pertaining to showing his SSI/FWTS on his DD Form 214 should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: * item 11, deleting the current entry and adding the entry "11B2V OO INFANTRYMAN 3 YRS 8 MONTHS" * item 12f, deleting the current entry and replacing it with "0000-04-01" * item 13, adding the following awards: * Army Commendation Medal (2nd Award) * Afghanistan Campaign Medal with 2 bronze service stars * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 1 * Combat Infantryman Badge * Ranger Tab * item 18, add the entry “SERVICE IN AFGHANISTAN FROM 20011007-20020107 AND FROM 20021001 – 20021031” 2. The Board further determined 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 amending his DD Form 214 to show completion of Ranger courses, the Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Advanced Marksmanship Training, and the Combat Lifesaver Course. ___________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) AR20150002244 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150001915 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1