IN THE CASE OF: BOARD DATE: 19 April 2022 DOCKET NUMBER: AR20220000084 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Completion of Ranger School * Deployment to Iraq * Award of the Combat Infantryman Badge (CIB) as well as all other awards he is entitled APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States 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 during the discharge process, it was stated by the NCOIC (Noncommissioned Officer in Charge) that these changes would be made automatically once all records were received and processed following the redeployment from Iraq. It was blatantly stated by the discharge NCOIC that by not signing the paperwork for discharge and waiting for the DD Form 214 to be verified and corrected, any combat arms MOS would be placed on stop loss and that would drastically extend the enlistment. 3. The applicant's records contain sufficient evidence to support additional awards or administrative entries not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show in: * Block 12f (Foreign Service) add 0000-11-00 * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): add Noncommissioned Officer Professional Development Ribbon (NCOPDR), Army Commendation Medal, Global War on Terrorism Service Medal (GWOTSM), and Global War on Terrorism Expeditionary Medal (GWOTEM) * Block 14 (Education) the entry, "Primary Leadership Development Course, 4 weeks, August 2002" * Block 18 (Remarks) add the entry Service in Kuwait/Iraq from 20030301- 20040131//" 4. The Board will consider the Combat Infantryman Badge and the Ranger Course. 5. The applicant enlisted in the Regular Army on 4 May 2000. He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman). 6. His Official Military Personnel File contains: a. DA Form 1059 (Service School Academic Evaluation Report), dated 1 August 2002, shows he achieved course standards at the Primary Leadership Development Course. b. DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period August 2002 through July 2003, which notes as an infantry team leader assigned to Company C, 2nd Battalion, 325th Airborne Infantry Regiment, he led his team during 26 combat operations in Samawah, Diwaniya, Ramadhi, and Baghdad during Operation Iraqi Freedom. c. Permanent Orders Number 110-17 dated 19 April 2004, awarded him the Army Commendation Medal (ARCOM). d. DA Form 2-1 (Personnel Qualification Record) which notes he did not complete the 3-week Ranger Indoctrination Program in 2000. 7. His records do not contain orders or any other documentation which shows he was awarded or authorized the CIB or that he successfully completed Ranger School. 9. On 3 May 2004, he was honorably released from active duty in the rank of sergeant. The DD Form 214 he was issued shows in" * Block 12f, no foreign service * Block 14, he was awarded or authorized the: National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge * Block 18, no entry for deployment to Iraq 8. Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay for Saudi Arabia during the period 1 March 2003 to 31 January 2004, a period of 11 months. 9. On 12 October 2004, he enlisted in the Tennessee Army National Guard of. On 11 October 2005, he was honorably discharged. 10. Army Regulation 635-5 (Separation Documents), then in effect, 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 (Foreign Service) enter the total amount of foreign service completed during the period covered by the DD Form 214; * block 13, enter all awards and decorations * block 18 (Remarks) 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 YYYYMMDD - YYYYMMDD)" BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Board members agreed with the administrative corrections regarding his foreign service, deployment, awards, and education. However, Board members found no evidence he completed Ranger School or awarded the Combat Infantryman Badge. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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 3 May 2004 without action by the Board: * add to block 12f the entry, "0000 11 00"; * add to block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Noncommissioned Officer Professional Development Ribbon (NCOPDR) * ARCOM * Global War on Terrorism Service Medal (GWOTSM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * add to block 14 (Education) the entry, "Primary Leadership Development Course, 4 weeks, August 2002"; and * add to block 18 the entry, "//SERVICE IN KUWAIT/IRAQ FROM 20030301- 20040131//" REFERENCES: 1. Title 10, United States 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 Army Board for Correction of Military Records (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) states: a. 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. b. The NCOPDR was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCOES successfully completed. c. 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 d. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. e. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense to include Saudi Arabia and Iraq. 3. Army Regulation 635-5, then in effect, 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 14 list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214; include title, length in weeks, and year completed; do not list training courses for combat skills * 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 YYYYMMDD - YYYYMMDD)" 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000084 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1