RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 October 2005
	DOCKET NUMBER:  AR20050000934 


	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. Prevolia A. Harper

Analyst


The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Ms. Carol A. Kornhoff

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release from Active Duty) to show award of the Lifesavers Badge, North Atlantic Treaty Organization (NATO) Service Medal, Army Commendation Medal (ARCOM), and the Combat Infantryman Badge

2.  The applicant states that he is entitled to all awards given to the 3rd Brigade, Fort Benning, Georgia, during Operation Iraqi Freedom.

3.  The applicant provides a NATO Medal Certificate and an award certificate for the Army Commendation Medal. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 November 2000 for a period of 3 years.  He completed the required training and was awarded the military occupational specialty (MOS) 11B10 (Infantryman).  The applicant was honorably separated and completed 3 years of creditable active service.

2.  The DD Form 214 issued to the applicant on 31 October 2003 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, the National Defense Service Medal, and the Army Lapel Button in Item 13.  Item 18 (Remarks) of this document does not show he served in support of Operation Iraqi Freedom (OIF).  The DD Form 
214 he was issued upon his separation shows in item 12f (Foreign Service) that he completed no overseas service during his tenure on active duty.  

3.  The applicant’s Official Military Personnel File (OMPF) does not contain assignment orders or other documents or information in regard to the applicant’s unit assignment in Iraq or Kosovo.  

4.  There is no evidence in the available records which show the applicant completed the Lifesavers Course or received the Driver Safety Badge.  There are no orders which show he was awarded the Combat Infantryman Badge.

5.  The applicant provided a copy of a certificate which shows he was awarded the ARCOM for exceptionally meritorious service during the period 6 January 2003 to 24 April 2003.  This award is based on Permanent Orders Number
128-662, Headquarters, 3rd Brigade, 3rd Infantry Division, Fort Benning, Georgia.

6.  The applicant provided a copy of a certificate which shows he was awarded the NATO Medal for service with NATO on operations related to Kosovo during the period 30 October 2001 to 6 May 2002.  This award certificate is signed by the NATO Secretary General. 

7.  The applicant provided a self-authored letter in which he stated that the two certificates are all the documentation he could find.  He continued that he was deployed to Kosovo from October 2001 through May 2002.  He also stated that he took Combat Lifesaver Courses but does not have any records to show this achievement.  

8.  The applicant further stated that on 6 January 2003 he was deployed with the 3rd Brigade from Fort Benning, and was assigned as the S-3 driver.  The applicant explained that he drove over seven thousand miles without crashing his vehicle and was told he was put in for the Expert Drivers Badge.  He further explained that he was given the ARCOM, Combat Infantryman Badge, and the Unit Combat Patch and due to his quick release from the Army, he never received the actual ARCOM (just the certificate) and never received any documentation for his Unit Combat Patch.  

9.  The applicant further stated that he also heard that while he was in Iraq, his unit was awarded the Presidential Unit Citation for outstanding efforts.  The applicant stated that his DD Form 214 does not list all of his awards because he was never there to correct his DD Form 214 prior to his discharge.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 8 of the award regulations contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period 



covered by the DD Form 214 will be entered in Item 12c.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the following statement will be entered in Item 18 (Remarks):  “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

12.  Military Personnel Message number 96-068 announced that the Secretary of Defense approved the offer of the NATO Medal made by the NATO Secretary General for operations relating to the Republic of Yugoslavia.  Qualifying periods of service for the NATO Medal are either 30 days in the territory of the former Republic of Yugoslavia and the Adriatic Sea or 90 days in the area of operations outside the former Republic of Yugoslavia and the Adriatic Sea between 1 July 1992 and a date to be determined.  U. S. military personnel must serve or have served under direct NATO command in direct support of NATO operations in the former Republic of Yugoslavia.

13.  Executive Order Number 16633, dated 28 May 2004 established the Iraq Campaign Medal.  The decoration is awarded to any member of the U.S. military who has performed duty within the borders of Iraq (or its territorial waters) for a period of thirty consecutive days or sixty non-consecutive days. The medal is retroactive to March 19, 2003 and is active until a date to be determined.

14.  Combat patches are authorized for wear on the uniform based on service in an authorized area during a specified period as announced by Department of the Army.  A combat patch is not an authorized individual award or service medal, and is not authorized for inclusion in the list of awards and decorations listed on the DD Form 214.  

15.  Army Regulation 635-5 provides that the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB was carefully considered 
and found to have merit.  While the specific dates of the applicant’s service in Iraq are not on file, it is clear that at a minimum he served there with the 3rd Brigade, 3rd Infantry Division between January and April 2003, as evidenced by 
the applicant’s award of the Army Commendation Medal which specifically states the award was based on the applicant’s personal bravery and performance in a combat zone in support of OIF.  The applicant also served in the MOS is 11B (Infantryman).  Therefore, his records should be corrected to show this award. 

2.  The applicant served a qualifying period of service in Iraq.  Therefore he is entitled to correction of his records to show the Iraq Campaign Medal. 

3.  The applicant provided sufficient evidence to show that he served in Kosovo during the period 30 October 2001 to 6 May 2002.  Therefore, his DD Form 214 should be amended to reflect this period of service.  

4.  The applicant provided a certificate which shows he was awarded the Army Commendation Medal.  The citation for this award shows that he received this award for meritorious achievement in support of OIF.  Therefore, his DD Form 214 should be amended to reflect this period of service.  

5.  Since the applicant’s record does not contain any deployment/redeployment orders which show the entire period he served overseas, he can only be credited with foreign service for the dates on the documents he provided. 

6.  There is no evidence in the available records which show the applicant received the Life Savers Badge or the Drivers Safety Badge/Expert Drivers Badge.  Since the ABCMR is not an investigative agency, it cannot be determined what specific awards his unit received during the time-frame in which he served.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TSK __  __PHM__  __CAK __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 for the period ending 31 October 2003 be corrected by:

	a.  amending item 13 to show award of the Iraq Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal, and the NATO Medal for service in Kosovo. 

b.  amending item 18- by adding the entry "SERVICE IN IRAQ FROM 20030106-20030424”; SERVICE IN KOSOVO FROM 20011030-20020506; and 

c.  by providing him a corrected separation document that includes these changes.  

2.  The Board further determined that 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 corrections related to the Presidential Unit Citation, the Combat Lifesavers Badge, Drivers Safety Badge, 
and the Expert Drivers Badge.



_____Ted S. Kanamine ____
          CHAIRPERSON




INDEX

CASE ID
AR20050000934
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051013
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.