RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060013665 


	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

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Mr. John N. Slone 

Chairperson

Mr. David K. Haasenritter

Member

Mr. John G. Heck

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 that his records be corrected to show that he enlisted on 13 January 2005; that he served seven months in support of Operation Iraqi Freedom; and awarded the Army Commendation Medal, Combat Infantryman Badge, and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states that he is not sure why his records are not accurate.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), Basic Training Course Completion Certificate, and a DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters and/or Variable Housing Allowance) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's complete military service records are not available for review with this case.  However, there are sufficient records available to complete a fair and impartial review.

2.  Records show the applicant entered the Delayed Entry Program on 23 December 2004 and entered active duty on 13 January 2005.  He attended basic training at the US Army Training Center, Fort Benning, Georgia during the period 21 January 2005 through 27 April 2005.

3.  The applicant's DD Form 214 issued at the time of his discharge shows in Block 12a (Date Entered Active Duty) that he entered active duty on 6 June 2005.  This form further shows that the applicant was discharged on 28 July 2006 under the provisions of paragraph 14-12c of Army Regulation 635-200 (Personnel Separations) for misconduct (Serious Offense).  

4.  Block 12 (Record of Service) of this DD Form 214 does not show that the applicant served any foreign service.  However, Block 18 (Remarks) shows that the applicant served in Iraq during the period 5 August 2005 through 31 December 2005.

5.  Block 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows that the applicant was awarded the National Defense Service Medal and the Army Service Ribbon.



6.  Records show the applicant was awarded the military occupational specialty (MOS) 11B (Infantryman) and served in Iraq assigned to B Company, 1st Battalion, 87th Infantry during the period 5 August 2005 to 27 December 2005, at which time he was reported absent without leave (at time of war).  There is no evidence in the available records which shows that the applicant was directly involved in ground combat or hostile action.

7.  There is no evidence in the available records which show the applicant was recommended for or awarded the Army Commendation Medal.

8.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal 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, distinguished 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.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  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, 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.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  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.

11.  Paragraph 1-17 of Army Regulation 600-8-22 provides for limitations of awards based on character of service.  Specifically, a medal will not be awarded or presented to any individual whose entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable.  The determination of "honorable" will be based on such honest and faithful service according the standards of conduct, courage, and duty required by law and customs of the service of a member of the grade to whom the standard is applied.  A badge will not be awarded to any person who, subsequent to qualification therefore, has been dismissed, dishonorably discharged, or convicted of desertion by court-martial. 

12.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be amended to show that his active duty service began on 13 January 2005 was carefully considered and determined to have merit.  The applicant's enlistment contract clearly shows that the applicant entered active duty on 13 January 2005.  Therefore he is entitled to amendment of Block 12a of his DD Form 214 to show the entry "2005 01 13."  As a result of this correction, he is also entitled to amendment of Block 12c (Net Service) to show the entry "0001 06 16."

2.  The applicant's DD Form 214 shows that he served in Iraq during the period 5 August 2005 to 27 December 2005.  Therefore, he is entitled to correction of Block 12f of his DD Form 214 to show 4 months and 23 days of foreign service.

3.  The applicant served a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant's contention that he is entitled to award of the Combat Infantryman Badge and the Army Commendation Medal was carefully considered and determined to be without merit.

6.  The applicant was discharged from active duty for misconduct (serious offenses) and his service was characterized as under honorable conditions (general).

7.  The applicant was clearly assigned to an infantry unit, performing infantry duties and held an infantry MOS which is required for award of the Combat Infantryman Badge.  However, there is no evidence that the applicant was involved in active ground combat.  Based on the characterization of the applicant's service and the fact that there is insufficient evidence to show that he was directly involved in active ground combat, there is no basis to grant the Combat Infantryman Badge requested. 

8.  Based on the fact that the Army Commendation Medal is awarded to those who distinguished himself or herself by heroism, meritorious achievement or meritorious service, the applicant's discharge due to misconduct precludes him from award of the Army Commendation Medal.  Additionally there is no evidence and the applicant has not provided sufficient evidence showing that his chain of command recommended him for award of the Army Commendation Medal.  Therefore, there is no basis on which to grant the applicant’s request for award of the Army Commendation Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JNS___  _DKG___  __JGH___  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 Block 12a of his DD Form 214 to show the entry "2005 01 13", Block 12f to show the entry "4 months and 23 days", Block 12c (Net Service) to show the entry "0001 06 16" and award of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal.

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 award of Combat Infantryman Badge and the Army Commendation Medal.




_John N. Slone_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
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.