RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060011180 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell

Member

Mr. Roland S. Venable

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 or Discharge from Active Duty) with the period ending 16 February 2005 to show award of the Iraq Campaign Medal (ICM) and the Combat Infantryman Badge (CIB).  He further requests that his separation date on his DD Form 214 be corrected.

2.  The applicant states, in effect, that the above awards should be added to his DD Form 214 for his service in Iraq.  The applicant further states that he extended a month while assigned to Medical Holding Company, Walter Reed Army Medical Center (WRAMC), Washington, D.C. and that his separation date should be changed to 17 February 2005. 

3.  The applicant provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in support of Operation Iraqi Freedom (OIF).

2.  The applicant’s enlistment contract DD Form 4/3 (Enlistment/Reenlistment Document), dated 17 January 2002, shows that he enlisted in the Regular Army on 17 January 2002 for a three-year term of service.  The applicant successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  North Atlantic Regional Medical Command Permanent Orders 196-08, dated 14 July 2004, show that the applicant was awarded the Purple Heart for wounds received as a result of hostile actions on 4 June 2004 while he assigned to B Company, 2nd Battalion, 6th Infantry.

4.  A DA Form 1695 (Oath of Extension of Enlistment), dated 13 January 2005, shows that the applicant extended his service for one month.  His new expiration of term of service (ETS) was changed to 16 February 2005.

5.  On 16 February 2005, the applicant was honorably separated from active duty after completing 3 years and 1 month of active duty service.  Item 12a (Date Entered Active Duty this Period) of his DD Form 214 erroneously shows he entered active duty on 2 March 2002.  Item 12c (Net Active Service this Period) erroneously shows 2 years, 11 months, and 2 days.


6.  The applicant's DD Form 214 does not show award of the ICM or the CIB.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) and item 18 (Remarks) shows the entry "SERVICE IN IRAQ 20030501-20040703."

7.  The applicant did not respond to a request to choose either the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.

8.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the ICM.  Award of the ICM is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days.   

9.  Only one award of the ICM may be authorized for any individual.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 24 October 2001 and 30 April 2005 in an area for which the ICM was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the ICM and the GWOTEM for the same act, achievement or period of service.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was deployed to Iraq in support of Operation Iraqi Freedom from the period 1 May 2003 through 3 July 2004.  His DD Form 214 with period ending 16 February 2005 shows that he was awarded the GWOTEM.  However, effective 30 April 2005, the ICM was the authorized medal to be awarded for service in Iraq and no service member shall be entitled to award of the ICM and the GWOTEM for the same act.  At this time, the applicant is not eligible for the ICM due to his being awarded the GWOTEM for his service in Iraq prior to the establishment of the ICM.

2.  Records show that the applicant was awarded the Purple Heart while assigned to the B Company, 2nd Battalion, 6th Infantry for wounds received as a result of hostile actions on 4 June 2004 while serving as an infantryman.  It appears he is therefore eligible for award of the Combat Infantryman Badge.

3.  The applicant's DD Form 214 erroneously shows he entered active duty       on 2 March 2002 and erroneously shows his active duty service as 2 years,      11 months, and 2 days.  However, evidence of record shows that the applicant enlisted in the Regular Army on 17 January 2002 for a three year term of service, that he extended his service for one month, and that he separated on                16 February 2005, his normal ETS.  There is no evidence to show he was held in the Army for an additional day.  His DD Form 214 should be corrected in item 12a to show 17 January 2002 and item 12c to show 3 years, 1 month, and 
0 days.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LDS _  __JTM __  __RSV __  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 all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with the period ending 16 February 2005:

	a.  awarding him the Combat Infantryman Badge;

	b.  by deleting "2002 03 02" in item 12a and "0002 11 15" in item 12c;

	c.  by adding the Combat Infantryman Badge in item 13; and 

	d.  by adding "2002 01 17 " in item 12a and "0003 01 00" in item 12c.
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 correcting his DD Form 214 to show award of the Iraq Campaign Medal.  




_____Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20060011180
SUFFIX

RECON

DATE BOARDED
22 MARCH 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES         1.
107.0111.0000
2.
107.0140.0000
3.
100.0200.0000
4.

5.

6.