ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  	17 September 2019

	DOCKET NUMBER:  AR20170001059


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* North Atlantic Treaty Organization (NATO) Medal
* Operation Enduring Freedom (OEF) campaign medal with one bronze service star [i.e. Afghanistan Campaign Medal]
* Expert Infantryman Badge (EIB)

* Item 14 (Military Education) – the Combat Lifesaver Course

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* NATO Certificate
* Certified Combat Lifesaver Diploma
* Modern Army Combatives Level 1 training certificate
* Release from Theater of Operations – Mission Completed memorandum

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 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 applicant states he earned these awards.

3.  The applicant provides the following:

* NATO Certificate issued for his period of service in NATO in relation to the ISAF operation (International Security Assistance Force) from 13 February to 27 April 2008 (2 months and 14 days)
* Certified Combat Lifesaver Diploma, dated 15 August 2008, for his successful completion of 40 hours (1 week) of the Combat Lifesaver Training
* Modern Army Combatives Level 1 training certificate, dated 5 December 2008, for his successful completion of the training
* Release from Theater of Operations – Mission Completed memorandum, dated 22 May 2010, authorizing his release from theater (Afghanistan)

4.  Review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 7 June 2007.  After advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).

	b.  Orders Number 008-002, 175-047, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC on 8 January 2008, announced his unit’s, 4th Brigade Combat Team, reassignment to Southwest Asia, Kuwait, and Bagram/Kandahar, on or about 30 January 2008, for 179 days, but not to exceed 455 days.

	c.  Orders Number 175-047, issued by the U.S. Army Installation Management Command, Fort Bragg, on 24 June 2009, announced his reassignment to Afghanistan in support of OEF, on or about 9 August 2009, for a period of 365 days.

	d.  He was discharged from active duty on 20 July 2010, under honorable conditions (general), for misconduct.  His DD Form 214 shows he completed 3 years, 1 month, and 14 days of active service.  This form also shows in:

* Item 12f (Foreign Service), zero foreign service credit
* Item 13 – the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge
* Item 14 – the entry “None/Nothing Follows”
* Item 18 (Remarks) – no entry for his deployments

	e.  Aside from his NATO Certificate, his record is void of the specified dates of his deployments.  His DD Form 214 also does not list any Foreign Service credit.

	f.  His record is void of orders awarding him the Expert Infantryman Badge or other documentary evidence showing he met all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center.

5.  By regulation (AR 600-8-22), the:

	a.  NATO Medal is awarded by the Secretary General of NATO to member of the Armed Forces of the United States who participate in designated NATO operations.

	b.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  No personnel will receive the Afghanistan Campaign Medal, Global War on Terrorism Expeditionary Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  Approved designated Afghanistan campaigns include:

* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation III (1 December 2009 – 30 June 2011)

	c.  Expert Infantryman Badge is authorized for warrant officers or infantry or special operations branch officers in primary MOS Career Management Fields (CMF) 11 or CMF 18.  Personnel must meet all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center.  No evidence exists to show he passed the proficiency test.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board concluded that relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found that the applicant had previously received the NATO Medal and that should be add it to his DD Form 214.  

Based on the dates reflected on his NATO certificate, he deployed to Afghanistan from 13 February to 27 April 2008 (2 months and 14 days) and should have his foreign service and deployment dates updated on his DD Form 214.  Also, this period of service qualifies him for the Afghanistan Campaign Medal with an appropriate number of bronze service stars. 

The Board also found that the applicant had a certificate for the Certified Combat Lifesaver Diploma, dated 15 August 2008, for his successful completion of 40 hours (1 week) of the Combat Lifesaver Training and concluded that training should be added to the applicant’s DD Form 214.  

However, the Board found insufficient evidence provided or in the record to show the applicant had been previously awarded the EIB; therefore, the Board recommended denying that portion of the request. 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 amending his DD Form 214 as follows: 

* Block 12f, delete “0000-00-00” and add “0000-02-14”
* Block 13, add NATO Medal and Afghanistan Campaign Medal with bronze service star 
* Block 14, add Combat Lifesaver Course, 1 week, 2008 and Modern Army Combatives Level 1 Course, 1 week, 2008
* Block 18, add “Service in Afghanistan 13 February to 27 April 2008

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 the Expert Infantryman Badge.

	 
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.




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 (AR) 600-8-22 (Military Awards), in effect at the time, governed the eligibility and award authority of all awards and decorations for issued to members of the U.S. Army.  The regulation stated the:

	a.  North Atlantic Treaty Organization (NATO) Medal is awarded by the Secretary General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.

	b.  Afghanistan Campaign Medal (ACM) is authorized to service members awarded who served in direct support of Operation Enduring Freedom from 11 September 2001 to 31 December 2014.  The area of eligibility encompasses all land area of the country of Afghanistan and all airspaces above the land.  Service members 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.  

		(1)  Under no condition will personnel or units receive the ACM, the Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, for the Armed Forces Expeditionary Medal for the same action, time period, or service.  One bronze service star will be worn on the suspension and service ribbon of the ACM for participation in each designated campaign.  The Afghanistan Campaigns during the applicant’s period of service were:

* Consolidation II from 1 October 2006 to 30 November 2009
* Consolidation III from 1 December 2009 to 30 June 2011

	c.  The basic eligibility criteria for the Expert Infantryman Badge is as follows:

		(1)  Specialty skill identifier and military occupational specialty (MOS) requirement for the Expert Infantryman Badge.  Candidates must be in a Regular Army status and must possess a primary MOS in Career Management Fields (CMF) 11 or CMF 18; be warrant officers identified as 180A; or be infantry or special operations branch officers serving in infantry positions.  Duty requirement for the Expert Infantryman Badge. All personnel having a CMF 11 or specialty code 11 code, regardless of their present assignment, are eligible to participate in the EIB program. They must meet the prerequisites and take the test with an infantry unit of at least battalion size.  Test requirement.  Personnel must meet all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center

3.  AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. I t contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  Item 12f (Foreign Service) shows the total foreign service/outside continental United States service performed during the period covered by the DD Form 214.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.

	c.  Item 14 (Military Education) – from the military personnel record, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

	d.  Item 18 (Remarks) – for an active duty Soldier deployed with his/her unit to a foreign country during their continuous period of active service enter:  “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD).”


ABCMR Record of Proceedings (cont)	 AR20170001059


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