ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 April 2019

	DOCKET NUMBER:  AR20170003025


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 27 June 2004, to show:

* foreign service in Afghanistan, 2002
* foreign service in Iraq, 2003
* completion of the Regimental Indoctrination Program
* Army Commendation Medal (ARCOM)
* Combat Infantryman Badge (CIB)
* Parachutist Badge with bronze service star for a combat jump

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Certificate of Graduation, Regimental Indoctrination Program, dated 14 December 2001
* Permanent Orders (PO) 291-001 with roster, dated 18 October 2002
* PO 126-001 with roster, dated 6 May 2003
* PO 128-09 with roster, dated 8 May 2003
* DA Form 638 (Award Recommendation), dated 11 July 2003
* ARCOM Certificate and PO 195-058, dated 14 July 2003
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 Board will not consider the following portions of the applicant's requests, as these items will be addressed through an administrative correction:

* CIB
* ARCOM
* Parachutist Badge with bronze service star
* foreign service

3.  On 6 June 2001, he enlisted in the Regular Army.

4.  He provides a Certificate of Graduation from the Regimental Indoctrination Program, issued by the 75th Ranger Regiment, on 13 December 2001.

5.  He was released from active duty on 27 June 2004.  Item 14 (Military Education) of his DD Form 214 does not include an entry for the Regimental Indoctrination Program.

6. Army Regulation 635-5 (Separation Documents) states that training courses for combat skills are not listed on the DD Form 214. 

BOARD DISCUSSION:

After review of the application and all evidence, the Boar determined there is insufficient evidence to grant relief.  The applicant’s contentions were carefully considered.  Based upon regulatory guidance, the Board agreed the regimental indoctrination program is not listed on the DD Form 214.

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 the applicant's DD Form 214 for the period ending on 27 June 2004 without action by the Board:

* Permanent Order (PO) 128-29, published by Headquarters (HQ), Task Force II, on 8 May 2003, awarded the him the CIB (1st Award)
* PO 195-058, published by Rear HQ, 75th Ranger Regiment, on 14 July 2003, awarded him the ARCOM
* PO 019-015, published by HQ, Joint Task Force, dated 10 January 2004, awarded him the CIB (1st Award)
* PO 261-03, published by HQ, 75th Ranger Regiment, on 17 September 2004, awarded him the Parachutist Badge with bronze service star
* PO 291-01, published by HQ, 3rd Battalion, 75th Ranger Regiment, on 18 October 2002
* PO 126-001, published by HQ, 3rd Battalion, 75th Ranger Regiment, on 6 May 2003
* Officer Record Brief
* Army Regulation 600-8-22 (Military Awards), paragraphs 2-17, 2-18, 2-21, and Table B

     a.  add to item 12f (Foreign Service) the entry, "00  05  09,"

     b.  delete the parachutist badge from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), and add the following awards:

* Army Commendation Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Afghanistan Campaign Medal with one bronze service star
* Parachutist Badge with bronze service star
* Combat Infantryman Badge 

     c.  add the following entries to item 18 (Remarks:

* "SERVICE IN AFGHANISTAN FROM 20020620-20021002"
* "SERVICE IN IRAQ FROM 20030305-20030427"

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) provides that item 14 (Military Education) 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. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170003025
0

3


1