PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 February 2003
         DOCKET NUMBER: AR2002075912


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Regan K. Smith		Member
Mr. Antonio Uribe		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant, in effect, requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect all the awards that "everyone else in his unit" received, including the Combat Infantryman Badge (CIB) and the 10th Mountain Combat Patch (sic).

3. The applicant states that he believes it is unjust that he did not receive the same awards as others in his unit just because he was separated from the military 1 month before his unit returned from Operation Enduring Freedom. He submits in support of his request Orders Number 274-602, from Headquarters 10th Mountain Division (Light Infantry), Fort Drum, New York, dated 1 October 2001, and a personnel manifest, dated 8 October 2001.

4. The applicant’s military records show that he served in the United States Army Reserve from June 1999 until he enlisted in the Regular Army (RA) on 13 September 1999 with a dependency waiver. The applicant was legally separated from his wife and he was the custodial parent of two dependent children under the age of 18. The applicant had arranged for the children to live with his ex-wife while he underwent One Station Unit Training (OSUT).

5. On 1 November 1999, the applicant was assigned to Fort Benning, Georgia, for OSUT. He completed OSUT and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

6. On 25 February 2000, the applicant commenced basic airborne training. He completed airborne training and was awarded the Parachutist Badge. In May 2000, he was assigned to Fort Drum and Company C, 1st Battalion, 87th Infantry Regiment.

7. In October 2001, the applicant was among approximately 1,000 Fort Drum soldiers who deployed to Uzbekistan in support of Operation Enduring Freedom, the name given to the post-September 11, 2001 military effort in Afghanistan during the war on terrorism. He was returned to Fort Drum after a very short period because he had not adequately provided for the support of his dependent children during his absence.

8. At Fort Drum, the applicant received DA Form 4856 (Developmental Counseling Form) from the battalion rear detachment commander, a captain, on 14 November and 13 December 2001. The captain counseled the applicant on his failure to complete a family care plan. On 25 January 2002, the applicant was counseled concerning involuntary separation due to his failure to complete a family care plan.

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9. On 6 February 2002, the applicant's commander officially notified him that he was being recommended for discharge under the provisions of chapter 5-8, Army Regulation 635-200, for parenthood, with an honorable discharge. The commander cited as the reason for his proposed action the applicant's failure to complete a family care plan resulting in his inability to deploy and complete the missions expected of him. The applicant was informed of the rights available to him. On the same date, the applicant acknowledged notification. On 7 February 2002, he consulted with legal counsel and annotated a statement indicating that "he was not on assignment orders." He further acknowledged that he was not entitled to an administrative separation board hearing.

10. On 11 February 2002, the appropriate authority approved the separation recommendation and directed the issuance of an HD. The approving authority also directed that the applicant not be transferred to the Individual Ready Reserve.

11. The applicant's DD Form 214 shows that, on 12 March 2002, he was separated from the RA at Fort Drum under the provisions of paragraph 5-8, Army Regulation 635-200, for parenthood, with an HD. He had served in an active duty status for a period of 2 years and 6 months.

12. The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was authorized award of the Army Service Ribbon, the Marksmanship Qualification Badge with Rifle Bar, the Marksmanship Badge (Rifle), the Marksmanship Badge (Grenade), the Parachutist Badge, the Army Lapel Button, and the Ranger Tab. There is no evidence that the applicant was ever awarded the CIB.

13. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that 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 be have an infantry or special forces specialty, 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.

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14. By message, the Commander, US Total Army Personnel Command (PERSCOM) has designated Operation Enduring Freedom as qualifying for award of the CIB. Authority to award the CIB is delegated to the Commander, Third Army/US Army Forces Central Command (ARCENT). This authority may be further delegated to division commanders who have troops committed to combat operations in Operation Enduring Freedom. The CIB may be awarded only to infantry and Special Forces officers and enlisted soldiers who satisfactorily perform infantry or Special Forces duties in active ground combat. Battle participation credit alone will not be the basis for award of the CIB.

15. Army Regulation 600-8-22 also provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

16. Army Regulation 670-1, Wear and Appearance of Army Uniforms and Insignia, provides that soldiers deployed to the Operation Enduring Freedom area of operations in support that operation, and under the command of the Commander, US Central Command (CINC, CENTCOM), are authorized to wear the shoulder sleeve insignia-former wartime service (SSI-FWTS). This means that they may wear a unit's shoulder sleeve insignia on the right shoulder of their Army uniforms.

CONCLUSIONS:

1. The applicant deployed with his unit to Uzbekistan in October 2001. The deployment was in support of Operation Enduring Freedom. In late October or early November 2001, the applicant was returned to Fort Drum because he had not provided for the care of his dependent children. As early as 14 November 2001, he received a DA Form 4856 at Fort Drum, proving that he was returned to the United States after a very short period of time in Uzbekistan.

2. The applicant never participated in direct combat during his short time in Uzbekistan. He is, therefore, not entitled to award of the CIB. He is entitled to wear the 10th Mountain Division SSI-FWTS on the right shoulder of his military uniform because he did deploy, albeit briefly, to the Operation Enduring Freedom area of operations. However, annotation of the SSI-FWTS on DD Form 214 is not authorized.

3. The applicant is authorized award of the NDSM for his honorable service from 13 September 1999-12 March 2002.

4. In view of the foregoing, the applicant’s records should be corrected, but only, as recommended below.
RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 13 on his DD Form 214 that he was awarded the NDSM.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__sac___ __rks___ __au____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Samuel A. Crumpler
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075912
SUFFIX
RECON
DATE BOARDED	20030211
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	20020312
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0069
2.	107.0111
3.
4.
5.
6.