ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:

		BOARD DATE:  24 May 2019

		DOCKET NUMBER:  AR20180015037


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

* rank/grade as private first class/E-3
* award of the Army Commendation Medal
* foreign service credit for his service in Afghanistan in support of Operation Enduring Freedom
* unspecified campaign ribbon
* completion of the Armorer course

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)
* Army Commendation Medal Certificate, dated 4 January 2003
* DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, 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 applicant states he is not sure why these items are missing from his DD Form 214.  It may be because he was separated from the service early.  He would like to have his DD Form 214 corrected unless he is not worth of his accomplishments.

3.  He enlisted in the Regular Army on 24 August 2000.  He completed advanced individual training and was awarded primary military occupational specialty (MOS) 14S (Avenger Crewmember).

4.  His Official Military Personnel File contains the Army Commendation Medal Certificate showing he was awarded the Army Commendation Medal for his meritorious service while serving with Task Force Panther in Afghanistan in support of Operation Enduring Freedom during the period 1 July 2002 to 14 January 2003 (6 months and 14 days).

5.  He participated in the Consolidation I Campaign during this period.

6.  He received nonjudicial punishment on 14 May 2003 for wrongful use of cocaine on or about 21 April 2003 and 28 April 2003 while serving in the rank/grade of specialist/
E-4.  His punishment included reduction in rank/grade to private/E-1.

7.  His Official Military Personnel File contains no evidence showing he completed the Armorer Course.

8.  His Enlisted Record Brief, dated 4 June 2003, shows his rank/grade as private/E-1 and his primary MOS as 14S with special qualification identifier P (Parachutist).  His Enlisted Record Brief does not show award of the Army Commendation Medal, completion of an overseas tour, authorization of a campaign ribbon, or completion of the Armorer Course.

9.  On 4 June 2003, he acknowledged his notification of separation for commission of a serious offense under the provisions of Army Regulation 635-300 (Personnel Separations – Enlisted Personnel), paragraph 14-12c.

10.  On 5 June 2003, the Commander, Headquarters, 82d Airborne Division, Fort Bragg, approved his separation for commission of a serious offense under the provisions of Army Regulation 635-200, paragraph 14-12c, and directed characterization of his service as general under honorable conditions.

11.  He was discharged on 20 June 2003 by reason of misconduct under the provisions of Army Regulation 635-200, paragraph 14-12c.

12.  His DD Form 214 shows in:

* item 4a (Grade, Rate, or Rank) – PV1 (private)
* item 4b (Pay Grade) – E-1
* item 12c (Net Active Service This Period) – 2 years, 9 months, and 27 days
* item 12f (Foreign Service) – none
* item 12h (Effective Date of Pay Grade) – 14 May 2003
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

* item 14 Military Education – none

13.  His DD Form 214 does not show his service in Afghanistan or award of the Army Commendation Medal and Afghanistan Campaign Medal with one bronze service star.

14.  Defense Finance and Accounting Service records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Afghanistan from 1 August 2002 through 31 January 2003 (in whole months).

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and the evidence in the record.  The Board discussed his deployment and subsequent reduction in rank.  The Board determined that his DD Form 214 was missing his service in Afghanistan, an ARCOM and an Afghanistan Campaign Medal.  The available evidence did not show that the applicant completed Armorer Course. 

2.  After reviewing the application and all supporting documents, the Board found that partial relief was warranted.
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 the applicant’s DD Form 214:
	a. Enter in item 12f (Foreign Service) “6 months 0 days.”

	b. Enter in item 13 ((Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Commendation Medal, Afghanistan Campaign Medal with one bronze service star.

	c. Enter in item 18 (Remarks) “SERVICE IN SOUTHWEST ASIA (Afghanistan) FROM 1 August 2002 UNTIL 31 January 2003.”

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 showing his grade as PFC/E-3 and adding the Armorer Course to his DD Form 214.

 


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):  not applicable.



REFERENCES:

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 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.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Afghanistan Campaign Medal is awarded to service members who served in direct support of Operation Enduring Freedom from 11 September 2001 to 31 December 2014 and Operation Freedom's Sentinel from 1 January 2015 to a future date to be determined.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet other specified criteria.  One bronze service star is authorized with the Afghanistan Campaign Medal for participation in each designated campaign.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The specific instructions stated for:

* item 4 – enter active duty grade or rank and pay grade at time of separation
* item 12f (Foreign Service) –enter the total amount of foreign service completed during the period covered
* item 13 – list awards and decorations for all periods of service
* item 14 – list formal in-service (full-time attendance) training courses successfully completed during the period of service covered
* item 18 – for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)''

4.  Department of Defense Financial Management Regulations, chapter 10, governs payment of hostile fire pay/imminent danger pay.  Prior to 31 December 2011, members eligible for imminent danger pay were paid the full monthly rate for any complete or partial month they served in a qualifying area.  The 2012 National Defense Authorization Act modified imminent danger pay payments, limiting eligibility to only the actual days served in a qualifying area.

ABCMR Record of Proceedings (cont)	AR20180015037



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