IN THE CASE OF: BOARD DATE: 11 October 2023 DOCKET NUMBER: AR20230003965 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2002 to show: * foreign service in Afghanistan * Ranger Course, 9 weeks instead of 1 week * the following awards: o Combat Infantryman Badge (CIB) o Army Commendation Medal (ARCOM) o Army Achievement Medal (AAM), (2nd Award) o Army Good Conduct Medal (AGCM) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Orders Number 039-226, 8 February 2000 * Ranger Course Diploma, 18 February 2000 * AGCM Certificate, Permanent Order Number 169-3362, 18 June 2001 * AAM Certificate, Permanent Order Number 188-04, 7 July 2001 * AAM Certificate, Permanent Order Number 298-12, 24 October 2001 * Orders Number 078-012, 19 March 2002 * ARCOM Certificate, Permanent Order 205-338, 24 July 2002 * DA Form 638 (Recommendation for Award), page 1, 2 July 2002 * DD Form 214, 30 September 2002 * Permanent Orders 325-006, 20 November 2002 FACTS: 1. The applicant did not file within the 3-year time frame 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: a. On his DD Form 214, the foreign service shows no overseas deployments, which he did have. He has orders showing that he deployed with his unit. Also, his DD Form 214 does not show his CIB, ARCOM, AAM or AGCM. His Ranger School Course only shows 1 week, which was 9 weeks. b. When he was discharged from the military, he provided all documentation of his deployment in support of Operation Enduring Freedom (OEF), but due to him being in Special Operations, and his deployment only being three months they stated he did not serve enough time overseas and could not put it on his DD Form 214. They would not put his CIB on his DD Form 214 either. He provided all other documents and at the time of his discharge they would not correct his DD Form 214. c. At the time of discharge, he brought it to the attention of the person filing his paperwork and they gave him bad information and refused to correct his DD Form 214. He is having difficulty with the Department of Veterans Affairs (VA) because his records do not indicate what he actually did in the Army. He went on for years with it because he did not think the Army would ever correct it, but he now seeks help again. d. He is seeking assistance from the VA for exposure to burn pits, but his service does not reflect his time spent in Afghanistan. He believes this is unjust because he served overseas, and his records do not reflect that. He does not believe it would be difficult or unreasonable to correct his DD Form 214 to reflect his service time overseas or awards received while doing so, along with other awards. 3. The applicant provides: a. Permanent Orders Number 039-226 dated 8 February 2000, which awarded him the Ranger Tab 11B1V (Infantryman, Ranger Qualified). b. Ranger Course Diploma dated 18 February 2000. c. Permanent Order Number 169-3362 dated 18 June 2001, which awarded him the AGCM for his exemplary behavior, efficiency, and fidelity in active federal military service from 4 June 1998 to 3 June 2001. d. Permanent Order Number 188-04 dated 7 July 2001, which awarded him the AAM while serving in Alpha Company, 2nd Battalion, 75th Ranger Regiment. e. Permanent Order Number 298-12 dated 24 October 2001, which awarded him the AAM while serving with Alpha Company, 2nd Battalion, 75th Ranger Regiment. f. Orders Number 078-012, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington, dated 19 March 2002, which assigned 2nd Battalion 75th Ranger Regiment to Central Command Area of Responsibility for temporary change of station in support of OEF. g. Permanent Order Number 205-338 dated 24 July 2002, which awarded him the ARCOM for exceptionally meritorious achievement during combat operations in Afghanistan, from 14 May 2002 to 2 July 2002. h. Permanent Orders Number 325-006 dated 20 November 2002, which awarded him the CIB for satisfactory performance of duty while under hostile fire on 23 July 2002. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 4 June 1998. b. DA Form 2-1 (Personnel Qualification Record) contains the following information: * Item 5 (Overseas Service): Does not list his deployment/service in Afghanistan * Item 6 (Military Occupational Specialties): 11B (Infantryman) * Item 17 (Civilian Education and Military Schools): Ranger Course, 1 week, 2000 * Item 35 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 75th Ranger Regiment, Fort Lewis, WA c. DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period covering June 2002 to September 2002, shows the applicant’s area of special emphasis was OEF. It also states the applicant trained his team to successfully execute conventional and highly sensitive combat operations in support of OEF. He also conducted continuous combat operations during OEF without injury. d. He was honorably released from active duty on 30 September 2002. He completed 4 years, 3 months, and 27 days of net active service for this period. He DD Form 214 shows in: * Item 11 (Primary Specialty): 11B2V – Infantryman * Item 12f (Foreign Service): None * Item 14 (Military Education): Ranger Course, 1 week, 2000 * Item 18 (Remarks): Does not show service in Afghanistan 5. A review of the applicant’s service record confirms awards were omitted from his DD Form 214. The awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider his request for foreign service in Afghanistan and update of his military education to show Ranger Course (9 weeks) instead of (1 week). 6. On 5 October 2023, a member of the Defense Finance Accounting Services staff provided email verification to confirm the BS, BT and FL lines on the 2002 Master Military Pay Account matched the country listed on the applicant’s Army Commendation Medal, Afghanistan. The applicant had deployed from 4 May 2002 through 3 July 2002. 7. By regulation, the Ranger Course is 8 weeks and 5 days. Upon graduating from the course, enlisted Soldiers are awarded the Special Qualification Identifier “V”. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there is sufficient evidence to support the applicant request for correction of his DD Form 214 to show the ranger course is 9 weeks vice 1 week. Based on regulatory guidance and evidence in the record, the Board granted relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for 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 for the period ending 30 September 2022 to show in item 14 (Military Education): Ranger Course, 9 weeks, 2000. 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 records shows he is authorized additional awards not listed on his DD Form 214 for the period ending 30 September 2002. As a result, amend his DD Form 214 to show: * in item 12f (Foreign Service) 01 months and 30 days * in item 13 (Decorations, Medal, Badges, Citations and Ribbon Awarded or Authorized) * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM), (2nd Award) * Army Good Conduct Medal (AGCM) * Afghanistan Campaign Medal (ACM) * Consolidation I * in item 18(Remarks) SERVICE IN AFGHANISTAN (Operation Enduring Freedom) FROM 20020504 UNTIL 20020703 ? 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 635-5 (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. It established standardized policy for preparing and distributing the DD Form 214. a. From the Enlisted Record Brief/Officer Record Brief, enter the total amount of foreign service completed during the period covered in block 12f. b. Block 18 (Remarks), enter for active-duty Soldiers deployed with their unit during their continuous period of active service, enter only the statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” 3. Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalog), is the official source of information on formal courses of instruction at the U.S. Army Schools and Training Centers. It states, Ranger School is 8 weeks, 5 days. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 5. Army Regulation 600-8-22 (Military Awards), currently in effect, states the ACM 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. Approved designated Afghanistan campaigns are: • Liberation of Afghanistan (11 September 2001 – 30 November 2001) • Consolidation I (1 December 2001 – 30 September 2006) • Consolidation II (1 October 2006 – 30 November 2009) • Consolidation III (1 December 2009 – 30 June 2011) • Transition I (1 July 2011 – date to be determined) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003965 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1