BOARD DATE: 14 March 2017 DOCKET NUMBER: AR20150016090 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 March 2017 DOCKET NUMBER: AR20150016090 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: * awarding the applicant the Army Good Conduct Medal (1st Award) for the period 19 July 2000 through 18 July 2003 * deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-09-12" * adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Iraq Campaign Medal with 2 bronze service stars, Army Commendation Medal, Army Achievement Medal, and Combat Infantryman Badge * adding to item 18 of his DD Form 214 the entry "Service in Kuwait 20011213-20020501" and "Service in Kuwait/Iraq 20030403-20030825" 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 adding to item 14 of his DD Form 214 Infantry Advanced Individual Training, the M2A2 Bradley Fighting Vehicle Course, and the Basic Bradley Transition 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. BOARD DATE: 14 March 2017 DOCKET NUMBER: AR20150016090 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, Citation and Campaign Ribbons Awarded or Authorized), the Combat Infantryman Badge, Army Commendation Medal, and Army Achievement Medal. b. Item 14 (Military Education), Infantry Advanced Individual Training, M2A2 Bradley Fighting Vehicle Course, and Basic Bradley Transition Course. 2. The applicant states, in effect, his DD Form 214 omitted these entries. 3. The applicant provides: * DD Form 214 * Permanent Orders (PO) 243-08 – Army Commendation Medal * PO 96-41 – Army Achievement Medal * DA Form 4187 (Personnel Action) and PO 187-28 – Combat Infantryman Badge * Orders 187-28 dated 6 July 2003 – unit deployment orders and allied documents * combat patch approval with overseas service bars * Memorandum for Record, subject: Task Force 1-12 Infantry Combat Operations during Operation Iraqi Freedom * Certificate of Achievement * three certificates of training 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 for a 3-year term on 19 July 2000. He was assigned to U.S. Army Infantry School, Fort Benning, GA. He completed: * Infantry training from 8 August to 10 November 2000 and he was awarded military occupational specialty (MOS) 11B (Infantryman) * 76-hour one-station unit training in MOS 11M (Basic Bradley Transition Course) from 13 to 22 November 2000 * Operator Training Course for the M2A2 Bradley Fighting Vehicle from 5 to 15 March 2001 3. PO Number 96-41, issued by Headquarters, 1st Battalion, 12th Infantry Regiment (Task Force 1-12), Kuwait, on 5 April 2002, awarded the applicant the Army Achievement Medal for deployment to Kuwait from 13 December 2001 to 1 May 2002 (4 months and 19 days). 4. Based on his unit deployment orders and individual redeployment request, he served in Kuwait/Iraq from on or about 3 April 2003 to on or about 25 August 2003 (4 months and 23 days). 5. PO Number 187-28, issued by Headquarters, 4th Infantry Division (Mechanized) on 6 July 2003 awarded the applicant the Combat Infantryman Badge for service from 25 April 2003 to 16 June 2003. 6. PO Number 243-08, issued by Headquarters, 3rd Brigade, 4th Infantry Division, awarded the applicant the Army Commendation Medal for service from 17 July 2000 to 20 November 2003. 7. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 30 November 2003. He completed 3 years, 4 months, and 12 days of active service. His DD Form 214 shows in: * Item 12f (Foreign Service) the entry "0000-00-00" * item 13, he was awarded or authorized the National Defense Service Medal, Global War on Terrorism Service Medal, Army Lapel Button, and Army Service Ribbon * item 14, the entry "None" * Item 18 (Remarks), no deployments are shown REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, enter all awards, decorations, and badges * item 14, list formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed * item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" 2. AR 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all the land area of the country of Iraq. 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 include the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004). 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 of more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION: 1. The applicant served in Kuwait from 13 December 2001 to 1 May 2002, a period of 4 months and 19 days, and then in Kuwait/Iraq from on or about 3 April 2003 to on or about 25 August 2003, a period of 4 months and 23 days, for a total of 9 months and 12 days. His DD Form 214 does not reflect his foreign service/deployments. 2. Based on his service in Kuwait/Iraq from on or about 3 April 2003 to on or about 25 August 2003 in support of OIF, he is eligible for award the Iraq Campaign Medal. Additionally, he participated in two campaigns and is eligible for correction of his record to show the Iraq Campaign Medal with two bronze service stars. 3. PO awarded him the Army Commendation Medal, Army Achievement Medal, and Combat Infantryman Badge. None of these awards are reflected on his DD Form 214. 4. The applicant meets the criteria for award of the Army Good Conduct Medal (1st Award) in that: * he completed 3 years, 4 months, and 12 days of active service * he was fully eligible to reenlist upon his separation in 2003 * he twice deployed in support of OIF and attained the rank/grade of SGT/E-5 * there is no derogatory information in his service record 5. The applicant completed multiple infantry training courses. The regulation in effect at the time of his separation required an entry in item 18 of formal in-service training courses completed during the period covered by the DD Form 214; however, combat skills were not to be listed on the document. The courses that he asks to have added to his DD Form 214 were all courses in combat skills. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016090 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016090 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2