IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016119 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 IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016119 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: * deleting from item 12f of his DD Form 214 the entry "0000-00-00" and replacing it with the entry "0001-01-06" * adding the item 13 of his DD Form 214 the Army Achievement Medal, Australian Army Commando Parachute Badge, Afghanistan Campaign Medal with two bronze service stars * adding to item 18 of this form the statements "Service in Afghanistan From 20051001-20060131/Service in Iraq 20060511" 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 13 of his DD Form 214 the Iraq Campaign Medal and adding to item 14 of this form the: * Combat Casualty Care Course * Ranger Indoctrination Program * Light Medium Tactical Vehicle Training * Humvee Training * Ground Mobility Vehicle Training * Pre-Ranger Training __________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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016119 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: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the: * Army Achievement Medal * Australian Commando Parachute Badge * Iraq Campaign Medal * Item 14 (Military Education) – the: * Combat Casualty Care Course (4 to 5 January 2005) * 75th Ranger Regiment, Regimental Training Detachment, Ranger Indoctrination Ranger Indoctrination Program * Ranger First Responder Course * Pre-Ranger School (August 2005) * Item 18 (Remarks) – service in: * Afghanistan from 5 October to 1 November 2005 * Iraq from 1 December 2005 to 6 January 2006 2. The applicant states: a. The schools he attended in the military were never added to his Enlisted Record Brief (ERB) and DD Form 214. He was never awarded the Iraq Campaign Medal even though he served in Iraq from 1 December 2005 to 6 January 2006. He was discharged prior to amendment of the orders for this deployment. The Iraq Campaign Medal is also not listed on his DD Form 214. The Australian Commando Parachute Badge and Army Achievement Medal should be shown on his DD Form 214. The fact that these schools, awards, and country of service are not shown on his DD Form 214 has affected his employment opportunities. b. In addition to schools he has listed, he attended other schools; however, he does have the records to provide; therefore, if anything else is listed in his service record, he requests those also be added to his DD Form 214 as well. For example, the Light Medium Tactical Vehicle training, Humvee, Ground Mobility Vehicle [formerly known as the Ultra Light Combat Vehicle] training, and Pre- Ranger course. 3. The applicant provides the following: * Combat Casualty Care Course certificate * DA Form 638 (Recommendation for Award) * Army Achievement Medal certificate * 75th Ranger Regiment, Regimental Training Detachment, Ranger Indoctrination Program Certificate of Graduation * Australian Commando Parachute Badge * 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 7 August 2002, for a period of 4 years. He completed training and was awarded military occupational specialty 11B (Infantryman). 3. He provides copies of the following: a. A Combat Casualty Care Course Certificate of Training that shows he successfully completed all prerequisites and requirements of the 40-hour Task Force 501st Airborne Combat Casualty Care Course from 4 to 7 January 2005. b. A DA Form 638, dated 4 February 2005, wherein he was recommended for award of the Army Achievement Medal for meritorious service, for the period from 28 March 2003 to 1 March 2005. The award was approved by Permanent Order Number 076-010 on 22 March 2005. c. A certificate awarding him the Army Achievement Medal, for the period from 28 March 2003 to 1 March 2005. d. An 75th Ranger Regiment, Regimental Training Detachment, Ranger Indoctrination Program Certificate of Graduation that shows he successfully completed the Ranger Indoctrination Program on 15 April 2005. e. An Australian Commando Parachute Badge certificate that shows he was awarded this badge for participation in a combined static line airborne operations with members of Special Operation Command, Australia, on 13 June 2005. 4. His ERBs, dated 6 March and 6 April 2006, show: * Section VI (Military Education) – Airborne – 2002 * Section VIII (Awards and Decorations) – All the awards shown on his DD Form 214 5. He was honorably released from active duty on 11 May 2006. His DD Form 214 shows he completed 3 years, 9 months, and 5 days of active service. His DD Form 214 also shows in: * Item 12f (Foreign Service) – zero credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the: * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Combat Infantryman Badge * Parachutist Badge * Item 14 (Military Education) – Airborne, 3 Weeks, 2002 * Item 18 (Remarks) – Afghanistan: 26 October 2003 to 30 July 2004 and 5 October 2005 to 6 January 2006 6. On 23 April 2018, a staff member of the Defense Finance and Accounting Service (DFAS) certified the applicant served in as combat zone (unnamed) from 1 October 2005 to 31 January 2006 and in Iraq for 1 day on 11 May 2006. 7. Time and Date.com shows the following calculations: * 26 October 2003 to 30 July 2004, equals a period of 9 months and 5 days, including the end date * 5 October 2005 to 6 January 2006, equals a period of 3 months and 2 days, including the end date * 5 October 2005 to 31 January 200,6 equals a period of 4 months, including the end date REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for the preparation of the DD Form 214 and stated for: * Item 12 –list the total amount of foreign service completed during the period covered by the DD Form 214 * Item 13 –list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22 (Military Awards) * Item 14 –list all formal in-service (full-time attendance) training courses (40 hours or more) 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, do not list training courses for combat skills * Item 18 – for an active duty Soldier deployed to a foreign country with his/her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" 2. AR 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. The Afghanistan Campaign Medal 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, Global War on Terrorism Service Medal, Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. (1) One bronze service star will be worn on the suspension and service ribbon of the ACM for participation in each designated campaign. (2) Table B-1 lists the following Afghanistan Campaigns: * Liberation of Afghanistan: 11 September 2001 to 30 November 2001 * Consolidation I: 1 December 2001 to 30 September 2006 * Consolidation II: 1 October 2006 to 30 November 2009 * Consolidation III: 1 December 2009 to 30 June 2011 * Transition I: 1 July 2011 to 31 December 2014 * Transition II: 1 January 2015 to be determined b. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. 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. The individual must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days or meet one of the following criteria: * Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility * While participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility * While participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations; each day of operations counts as 1 day of eligibility 3. AR 600-8-22, dated 25 June 2015, Appendix D (as of 29 June 2018) approved the addition of the Australian Army Commando Parachute Badge to the DD Form 214. DISCUSSION: 1. The evidence of record and the applicant's DFAS records show he served in Afghanistan from 26 October 2003 to 30 July 2004, a period of 9 months and 5 days and in an unnamed combat zone from 1 October 2005 to 31 January 2006, a period of 4 months. He also served in Iraq for 1 day on 11 May 2006. His total period of foreign service credit equals 1 year, 1 month, and 6 days. Item 12f of his DD Form 214 does not show his foreign service credit. Item 18 of this form does not show his second deployment to Afghanistan and the 1 day service in Iraq. 2. PO's awarded him the Army Achievement Medal during his period of active duty. His DD Form 214 does not show this award. 3. He provided a certificate for the Australian Commando Parachute Badge certificate. The governing regulation for military awards provides for the addition of the Australian Army Commando Parachute Badge to an individual's DD Form 214. His certificate shows his award of the badge for successful completion of a combined Australian and United States parachute jump. His DD Form 214 does not show this badge. 4. DFAS records show he served in Iraq for 1 day on 11 May 2006. There is no evidence of record and he provided none showing he met the regulatory criteria that an individual must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 nonconsecutive days for award of the Iraq Campaign Medal. 5. The applicant completed two tours in Afghanistan; it is presumed he received the Global War of Terrorism Expeditionary Medal for the first tour. However, he served twice in Afghanistan and he participated in two campaigns. Therefore, he meets the criteria for award of the Afghanistan Campaign Medal with two bronze service stars. This award is not currently reflected on his DD Form 214. 6. He completed the Combat Casualty Care Course and Ranger Indoctrination Program during his period of active duty. He stated he also completed the completion of the Light Medium Tactical Vehicle, Humvee, Ground Mobility Vehicle, and Pre-Ranger training. Training in these courses involved the use of combat skills and tactical vehicles. By regulation, training courses for combat skills are not listed on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016119 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016119 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2