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ARMY | BCMR | CY2007 | 20070000720
Original file (20070000720.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20070000720 


	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 L. Engle

Analyst


The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Ronald J. Weaver

Member

Mr. David W. Tucker

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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Global War on Terrorism Expeditionary Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he needs to be honored with the Global War on Terrorism Expeditionary Medal and the Combat Infantryman Badge. 

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  On 2 January 2003, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Infantryman).

2.  The applicant was subsequently assigned for duty with Company C, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, Fort Hood, Texas.

3.  On 11 August 2004, the applicant’s commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, Chapter 14, for misconduct due to the commission of a serious offense.   

4.  On 1 September 2004, the applicant was discharged under honorable conditions.  He had completed 1 year and 8 months of creditable active service. 

5.  Item 12f (Foreign Service) of the applicant’s DD Form 214 indicates no overseas service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.  It does not list the Combat Infantryman Badge or the Global War on Terrorism Expeditionary Medal.

6.  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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  


7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Expeditionary Medal for soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  Under no condition will any Soldier in the United States receive this award. 

DISCUSSION AND CONCLUSIONS:

1.  The available records do not show that the applicant ever served outside of the United States.  Therefore, he does not meet the criteria for award of the Global War on Terrorism Expeditionary Medal.

2.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size; however, it does not show that he ever engaged in combat against an armed enemy.  Therefore, his request for award of the Combat Infantryman Badge should not be granted. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JCR__  __DWT__  __RJW__  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





__Jeffrey C. Redmann___
          CHAIRPERSON




INDEX

CASE ID
AR20070000720
SUFFIX

RECON
 
DATE BOARDED
20070524 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
Deny
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.


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