IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160017146 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ 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: AR20160017146 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 adding to Item 14 his DD Form 214 the entry "Senior Customs Border Clearance Agent Training, 1 week, 2004." 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 the following to his DD Form 214: * Combat Action Badge * Infantry One Station Unit Training * Agriculture Quarantine Enforcement Component of the Customs Border Clearance Agency Training Program _________________________ 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: AR20160017146 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 the Combat Action Badge and other omitted training. 2. He states the Combat Action Badge is not listed on his DD Form 214. 3. The applicant provides: * Certificate of Quality, 2nd Battalion, 58th Infantry * Parachutist Badge Orders * Expert Infantryman Badge Certificate of Achievement * Paraguayan Air Force Parachutist Badge memorandum * Combat Lifesaver Recertification * Unit Armor Course Certificate of Training * Combat Infantryman Badge Orders * Military Police School Diploma * 7th Army Noncommissioned Officer Academy (NCOA) Graduation Certificate * Certificate of Training for the Agriculture Quarantine Enforcement Component of the Customs Border Clearance Agency Training Program * Certificate of Completion for Senior Border Clearance Agent * German Schutzenschnur Badge in Bronze memorandum * Enlisted Record Brief (ERB) * 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 15 March 2000. He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman) and later completed Airborne training. 3. He reenlisted on 31 May 2002 and the terms of his reenlistment contract included retraining in MOS 95B (Military Police), currently MOS 31B. 4. His DA Form 2-1 (Personnel Qualification Record) shows he was deployed to Afghanistan from 27 July 2002 to 21 January 2003. His ERB lists his unit of assignment during this period as Company B, 1st Battalion, 505th Parachute Infantry Regiment and his duty MOS as 11B. 5. Permanent Orders 361-472, provided by the applicant, show he was awarded the Combat Infantryman Badge for the period 20 July 2002 to 15 January 2003. 6. A diploma, also provided by the applicant, shows that he graduated from the Military Police School Course on 16 May 2003. 7. The applicant provides the following documents for inclusion on his DD Form 214: a. Certificate of Quality showing completion of his Infantry One Station Unit Training (OSUT), Fort Benning, GA, dated June 2000; b. Orders awarding him the Parachutist Badge, effective 4 August 2000; c. Certificate of Training for completion of the Unit Armor Course, January 2002; d. Certificate of Achievement for completion of the Expert Infantryman Badge test; e. Authorization to accept and wear the Paraguayan Air Force Parachutist Badge and the German Schutzenschnur Badge in Bronze; f. Certificate of Completion of the Combat Lifesaver Recertification Course, dated 2 January 2002; g. Certificate of Graduation from the 7th NCOA, Primary Leadership Course, dated 14 November 2003; h. Certificate of Completion of the required training for a Senior Customs Border Clearance Agent, on 27-28 July 2004 (20 hours); and i. Certificate of Training and Completion from the U.S. Agriculture Quarantine Enforcement Component of the Customs Border clearance Agency Training Program, on 27-28 July 2004, which is a subset of the training and requirement for the certification required for the Senior Customs Border Clearance Agent training course. 8. On 19 October 2005, the applicant was discharged from active duty due to disability. The DD Form 214 he was issued at the time confirms he completed a total of 5 years, 7 months, and 5 days of active military service. His DD Form 214 shows in: * Item 11 (Primary Specialty), he served in MOS 31B Military Police for 5 years, 3 months, and 19 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized), he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal * Global War on Terrorism Service Medal * Item 14 (Military Education) * Military Police Course, 2000 * Combat Lifesavers Course, 1 week, 2001 * Primary Leadership Development Course, 4 weeks, 2001 * Item 18 (Remarks)- no entry for his foreign service in Afghanistan 9. On 1 June 2014, he was issued a DD Form 215 (Correction to DD Form 214) which corrected his DD Form 214 as follows: a. Item 11- * deleting MOS 31B Military Police, 5 years, 3 months and 19 days * adding: * 11B1P Infantryman, 5 years and 4 months * 31B Military Police 2 years and 5 months b. Item 13- * deleting the Afghanistan Campaign Medal * adding: * Afghanistan Campaign Medal with one bronze service star * Combat Infantryman Badge * Expert Infantryman Badge * Parachutist Badge * Paraguayan Air Force Parachutist Badge * German Schutzenschnur Badge in bronze * Noncommissioned Officer Professional Development Ribbon c. Item 14 - * deleting: * Military Police Course, 2000 * Combat Lifesaver Course, 1 week, 2001 * Primary Leadership Development Course, 4 weeks, 2001 * adding: * Basic Airborne Course, 3 weeks, 2000 * Unit Armor Course, 2 weeks, 2002 * Combat Lifesaver Course, 1 week, 2002 * Military Police Course, 8 Weeks, 2003 * Primary Leadership Development Course, 4 weeks, 200 d. Item 18 - adding his service in Afghanistan form 8 July 2002 through 5 January 2003. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 8-8 contains guidance on the Combat Action Badge. It states, in pertinent part, that in order to qualify for the Combat Action Badge, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized, he/she must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement, and he must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. The Combat Action Badge is authorized from 18 September 2001 to a date to be determined. The regulation stipulates that the award is not authorized for qualifying service in any previous conflict. 2. AR 635-5 (Separation Documents) establishes 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: a. Item 11, only list additional specialties held for one or more years. b. Item 13, enter all awards and decorations obtained from the Soldier's records. c. Item 14, enter formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214; it includes title, length in weeks, and year completed; this information is to assist Soldiers in job placement and counseling; do not list training for combat skills. DISCUSSION: 1. The applicant requests the Combat Action Badge and other omitted military training be added to his DD Form 214. 2. The applicant served in Afghanistan as an infantryman and he was assigned to an infantry unit. As such, he met the criteria for award of the Combat Infantryman Badge. He was awarded this badge and it is listed on his DD Form 215. By regulation, in order to award the Combat Action Badge the Soldier must not have been assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. 3. The applicant received a DD Form 215, which added all the additional training listed in his application with the following three exceptions: a. His graduation from a 14 week, Infantry One Station Unit Training course in 2000; b. His completion of the Agriculture Quarantine Enforcement Component of the Customs Border Clearance Agency Training Program from 27-28 July 2004; and c. His completion of the Senior Customs Border Clearance Agent Training from 27-28 July 2004. 4. By regulation courses that teach combat skills are not to be added, only full- time formal in-service training is listed on the DD Form 214. a. His Infantry One Station Unit Training course does not meet the criteria for entry on the DD Form 214 because it is a course that teaches infantry Soldiers combat skills. b. The U.S. Agriculture Quarantine Enforcement Component of the Customs Border clearance Agency Training is not authorized for an individual entry on his DD Form 214 because this course is a subset (inclusive of the Senior Customs Border Clearance Agent) training. c. The Senior Customs Border Clearance Agent course is authorized for entry on his DD Form 214 because this course does not pertain to combat skills. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017146 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017146 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2