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ARMY | BCMR | CY2007 | 20070002973C071029
Original file (20070002973C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070002973


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be amended to add the Combat
Infantryman Badge (CIB), the Army Commendation Medal, the Army Good Conduct
Medal, the Operation Iraqi Freedom Ribbon (i.e., the Iraq Campaign Medal),
and the Global War on Terrorism Expeditionary Medal (GWOTEM).  On 31 July
2007, he informed the Board analyst that he would like the Iraq Campaign
Medal in lieu of the GWOTEM.

2.  The applicant makes no additional statement with his application.  He
later stated he would send a copy of his Army Commendation Medal orders.
He also stated he was awarded the CIB, but he no longer has the document
awarding it to him.  He was in an infantry unit.

3.  The applicant provides his DD Form 214; his separation orders; and his
Army Good Conduct Medal orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant enlisted in the Regular Army on 10 August 2001.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Infantryman).

3.  The applicant’s Enlisted Record Brief shows he was assigned to Troop D,
2d Battalion, 7th Cavalry [1st Cavalry Division], Fort Hood, TX on or about
6 October 2003.

4.  Records at the Defense Finance and Accounting Service (DFAS) show the
applicant was in Kuwait (which could have been Iraq) from March 2004 to
March 2005.

5.  Task Force 15th Personnel Services Battalion, Camp Cooke (located in
Iraq) Permanent Order 6B-162-029, dated 10 June 2004, awarded the applicant
the Army Good Conduct Medal for the period 10 August 2001 through 9 August
2004.

6.  The applicant was honorably released from active duty on 22 June 2005.
His DD Form 214 shows he served 1 year of foreign service.  It shows he was
awarded the Army Lapel Button, the Global War on Terrorism Service Medal,
the National Defense Service Medal, and the Army Service Ribbon.  Item
    18 (Remarks) does not show he served in Iraq.

7.  On 31 July 2007, the applicant informed the Board analyst he would
forward his Army Commendation Medal orders.  They were not received as of
28 August 2007.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  In pertinent part, it
states the CIB was established during World War II to provide special
recognition of the unique role of the Army infantryman, the only Soldier
whose daily mission is to close with and destroy the enemy and to seize and
hold terrain.  The badge was intended as an inducement for individuals to
join the infantry while serving as a morale booster for infantrymen.

9.  In developing the CIB, the War Department did not dismiss or ignore the
contributions of other branches.  Their vital contributions to the overall
war effort were noted, but it was decided that other awards and decorations
were sufficient to recognize their contributions.  From the beginning, Army
leadership have taken care to retain the badge for the unique purpose for
which it was established.  The War Department received requests to award
the CIB to non-infantry individuals and units employed as infantry during
tactical emergencies.  All of those requests were disapproved based on the
fact that the regular infantryman lived, slept, ate, and fought as an
infantryman on a continuous and indefinite basis without regard to the
tactical situation.

10.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.

11.  Army Regulation 600-8-22 states the Iraq Campaign Medal 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, in part, assigned
or attached to or mobilized with units operating in these areas of
eligibility for 30 consecutive days or for 60 non-consecutive days.

12.  Army Regulation 600-8-22 states the GWOTEM is awarded to 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, in part, 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.  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 19 March
2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was
subsequently authorized shall remain qualified for the GWOTEM.  Upon
application, any such service member may be awarded the Iraq Campaign Medal
in lieu of the GWOTEM for such service.

13.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent, part it states the country
and dates of deployment for an active duty Soldier deployed with his or her
unit during their continuous period of active service will be shown in item
18 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Good Conduct Medal.  This award
should be added to his DD Form 214.

2.  The applicant indicated he would provide a copy of his Army
Commendation Medal orders; however, he has not yet done so.  He may again
apply to the Board once he can provide those orders.

3.  The available evidence of record shows the applicant served in only one
overseas area – Iraq.  The personnel services battalion that serviced the
1st Cavalry Division was located in Iraq; it would be most unlikely that
the combat unit it support was not also located in Iraq.  His DD Form 214
shows he served   1 year of foreign service.  Although the exact dates of
his service in Iraq cannot be determined (DFAS could confirm only March
2004 to March 2005), in the absence of any other evidence to confirm
exactly when he served there it would be appropriate to amend item 18 of
his DD Form 214 to show he served in Iraq from 1 March 2004 to 1 March
2005.

4.  The applicant met the eligibility criteria for both the Iraq Campaign
Medal and the GWOTEM.  Only one of those awards is authorized for service
in Iraq.  The applicant indicated he would like the Iraq Campaign Medal;
therefore, this award should be added to his DD Form 214.

5.  The applicant stated he was in an infantry unit and was awarded the
CIB, although he no longer has the document that awarded it to him.  He was
an infantryman; however, the only available evidence of record shows he was
assigned to a cavalry troop.  At this time, there is insufficient evidence
to show the applicant was assigned to an infantry unit or that he actively
participated in ground combat.  Therefore, there is insufficient evidence
to show he met the eligibility criteria for award of the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__lds___  __fcj___  __cd____  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:

     a.  amending item 18 of his DD Form 214 to add the entry, "SERVICE IN
IRAQ FROM 20040301 TO 20050301”; and

     b.  adding the Army Good Conduct Medal and the Iraq Campaign Medal to
his DD Form 214.

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
adding the Army Commendation Medal or the Combat Infantryman Badge to his
DD Form 214.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002973                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070906                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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