ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20170008668 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), add the Combat Infantryman Badge and delete the Marine Corps Good Conduct Medal, and other Afghanistan-campaign medals * Block 18 (Remarks) list his service in Afghanistan APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending on 8 August 2002 * Permanent Orders 325-008, dated 20 November 2002 with list of names 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 has applied for benefits from the Department of Veterans Affairs and applied for healthcare. His application depends on his DD Form 214 showing he is a combat veteran and has been awarded the Combat Infantryman Badge. He suspects his DD Form 14 does not list all his awards because he went on terminal (transition) leave almost immediately after returning from Afghanistan and was separated within 2 months. He did not notice the discrepancy until he applied for benefits. 3. Review of the applicant's service records shows: a. His USMC DD Form 214 shows he enlisted in the USMC on 13 March 1995. He was honorably released from active duty on 12 March 1998. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Navy and Marine Corps Good Conduct Medal (1st Award). b. He enlisted in the Regular Army for 3 years on 9 August 1999. He held military occupational specialty 11B (Infantryman). c. Permanent Orders 037-500, dated 6 February 2000, awarded him the Parachutist Badge. d. His service record contains very few documents (Enlistment Contract, Parachutist Badge orders, and DD Form 214 only). e. He was honorably released from active duty on 8 August 2002 due to completion of his required active service. His DD Form 214 show he completed 3 years of active service. It also shows in: * Item 12f (Foreign Service), the entry "0000-00-00" indicating he did not complete any foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Navy Good Conduct Medal, Marine Corps Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Parachutist Badge * Item 18 (Remarks) does not show service in any hostile fire/imminent danger pay (HF/IDP) area f. He provides Permanent Orders Number 325-008, issued by Coalition Forces Land Component Command, U.S. Army Forces Central Command, 3rd U.S. Army, on 20 November 2002, awarding him the Combat Infantryman Badge for satisfactory performance of duty while under hostile force on 23 June 2002, while a member of C Company, 2nd Battalion, 75th Ranger Regiment. g. His service record does not contain and he did not provide sufficient evidence to show his exact dates of deployment. 4. By regulation (AR 635-5), the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The instructions for completing the DD Form 214 stated: * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * block 13 show awards and decorations for all periods of service * block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" is entered 5. By regulation (AR 600-8-22): a. The Global War on Terrorism Service Medal is authorized for award to all Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days. b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of 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 24 October 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. Approved designated Afghanistan campaigns are. Approved designated Afghanistan campaigns include: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the enclosed CIB orders showing the applicant being awarded the CIB and the period of service covered by the award falling within the service period of the applicant’s DD Form 214, the Board concluded there was sufficient evidence to show the applicant should have a CIB added to his DD Form 214. Additionally, the Board found that sufficient evidence was available to show that an erroneous award (Marine Good Conduct Medal), was on the applicant’s DD Form 214 and recommended that be removed. However, based upon the documentary evidence within the record, there was insufficient evidence to show the specific dates of service in Afghanistan. Based upon the CIB award, the Board concluded that the applicant served in a combat zone, but without specific service dates to reflect the term of that combat service, no entry or additional campaign awards can be granted. 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * adding the Combat Infantryman Badge * deleting the Marine Good Conduct Medal * deleting the Navy Good Conduct Medal * adding the Navy and Marine Good Conduct Medal (1st Award) 2. Additionally, the Board noted the administrative note below from the analyst of record and recommended that change also be completed to more accurately reflect his military service. 3. Finally, 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 reflecting his combat service in Afghanistan and awarding additional awards related to that service. 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): A review of the applicant’s service records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 ending on 8 August 2002 to: * Add Global War on Terrorism Service Medal REFERENCES: 1. Title 10, U.S. Code, 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 600-8-22 (Military Awards) provides for the following awards: a. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of 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 24 October 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. Approved designated Afghanistan campaigns are. Approved designated Afghanistan campaigns include: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) 3. Army Regulation 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: * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * block 13 show awards and decorations for all periods of service * block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" is entered ABCMR Record of Proceedings (cont) AR20170008668 5 1