ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20160017706 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 March 2006, to show: * in item 1 (Name) his first name as "" instead of "" * in item 11 (Primary Specialty) "11B1P" instead of "11B1O" * in item 12f (Foreign Service) "0001 06 12" instead of "0000 00 00" * award of the Expert Infantryman Badge (EIB), Combat Infantryman Badge (CIB), Javelin Badge, Army Commendation Medal (ARCOM) (2nd Award), Afghanistan Campaign Medal (ACM) and Iraq Campaign Medal (ICM) in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * in item 14 (Military Education) Basic Combat Training (BCT), Advanced Individual Training (AIT), Ranger Indoctrination Program, Javelin School * in item 18 (Remarks) service in Iraq and Afghanistan APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Enlisted Record Brief (ERB) * Soldier Deployment History Outprocessing Report FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The Board will not consider the following portions of the applicant's requests, as these items will be addressed through an administrative correction: * ACM * ICM * Primary Specialty "11B1P" * Foreign Service time * Foreign service/deployed locations 3. The applicant enlisted in the Regular Army on 17 September 2001, with his first name listed as "Kenneth" on all enlistment documentation. None of the records maintained in his Official Military Personnel File record the name he requests. 4. His records contain an ERB dated 20 March 2006, which is void of the awards and schooling he requests. In addition, his records do not contain and the applicant did not provide orders to support award of the EIB, CIB, Javelin Badge and ARCOM (2nd Award). 5. The applicant was honorably released from active duty on 16 March 2006. He completed 4 years, 3 months and 3 days of active service with time lost from 13 December 2005 to 9 March 2006. a. The applicant was awarded or authorized the: * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Parachutist Badge b. Item 14 contains the entry "NONE//NOTHING FOLLOWS" 6. The applicant provides an ERB dated 10 November 2005, with numerous pen and ink changes adding many of the items he requests and an authenticated Soldier Deployment History Outprocessing Report dated 14 March 2006. 7. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 8. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. In reference to military education, this information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed. With all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that no other relief than the administrative corrections outlined in administrative notes (below the signature block) was warranted. The Board determined that no documentation was provided or found within the record to support making the following corrections and therefore denied so much of the applicant’s request pertaining to: 1. in item 1 (Name) his first name as "" instead of "". There is no evidence of this name in the applicant’s record. 2. in item 11 (Primary Specialty) "11B1P" instead of "11B1O". There is no evidence that the applicant attended Airborne School. 3. in item 12f (Foreign Service) "0001 06 12" instead of "0000 00 00". There is no evidence that the applicant served overseas. 4. in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Expert Infantryman Badge (EIB), Combat Infantryman Badge (CIB), Javelin Badge, Army Commendation Medal (ARCOM) (2nd Award), Afghanistan Campaign Medal (ACM) and Iraq Campaign Medal (ICM) 5. in item 14 (Military Education) Basic Combat Training (BCT), Advanced Individual Training (AIT), Ranger Indoctrination Program, Javelin School 6. in item 18 (Remarks) service in Iraq and Afghanistan BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): The following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 16 March 2006 without action by the Board: * Permanent Order 196-14, issued by HQ, 1/75th Ranger Regiment, on 15 July 2003, awarded him the Army Achievement Medal (AAM) * AR 600-8-22 paragraphs 2-16,17 a. delete the entry "11B1O" from item 11 and add the entry "11B1P." b. add the entry "0001 06 12" to item 12c. c. add the following awards to item 13: * AAM * ACM with one bronze service star * ICM with one bronze service star d. add the following entries to item 18: * //SERVICE IN AFGHANISTAN FROM 20020929-20021230// * //SERVICE IN KUWAIT FROM 20030308-20030430// * //SERVICE IN KUWAIT FROM 20031005-2004010// * //SERVICE IN AFGHANISTAN FROM 20040328-20040710// * //SERVICE IN IRAQ FROM 20050104-20050409// * //SERVICE IN IRAQ FROM 20050811-20051231// REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and establishes standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance for preparation of the DD Form 214. a. Item 14 on the separation document will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed. b. Item 18, for an active duty Soldier deployed with his or 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)" in item 18. 3. Army Regulation 600-8-22 (Military Awards) states: a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. There are basically three requirements for award of the CIB. 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. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160017706 4 1