RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 September 2007
	DOCKET NUMBER:  AR20070004292 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. James Vick

Chairperson

Mr. Ronald Gant

Member

Mr. Rowland Heflin

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) to show his deployment in support of Operation Iraqi Freedom in May 2003.  He further requests correction to his DD Form 214 to show award of the Army Commendation Medal (ARCOM) and Combat Infantryman Badge (CIB).

2.  The applicant states his DD Form 214 is incorrect.  He states his ARCOM award and his service in Kuwait and Iraq are not properly annotated on his discharge document.  He further states that he was put in for the CIB by his unit, but that he left the country before it was processed and approved.

3.  The applicant provides a copy of his DD Form 214 dated 21 January 2005 and a copy of DA Form 638 (Recommendation for Award) dated 20 April 2003 that shows he was awarded the ARCOM for the period 9 January 2003 to 1 May 2003 by his brigade commander, a colonel.  The award cites his achievements as maintaining and driving his vehicle for over 1,000 kilometers during a wartime situation without accidents.  He also delivered logistical supplies to the company field trains and cleared enemy buildings.  Part V (Orders Data) Block 27b of this DA Form 638 shows Permanent Order Number 288-11 issued on 10 May 2003 by Headquarters, 3rd Brigade, 3rd Infantry Division (Mechanized).  

CONSIDERATION OF EVIDENCE:

1.  Records show that the applicant enlisted in the Regular Army on 5 October 2001.  He completed basic and advanced individual training, and was awarded Military Occupational Specialty (MOS) 11B (Light Weapons Infantryman).  He was discharged on 21 January 2005 from the Regular Army under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, in lieu of trial by court martial.  The applicant was discharged with a characterization of service of under other than honorable conditions.  The applicant served for 3 years, 3 months, and 17 days during this period of active federal service. 






2.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show any period of foreign service.  Additionally, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the ARCOM, CIB, Global War on Terrorism Expeditionary Medal, or the Iraqi Campaign Medal.  

3.  A computer generated Enlisted Record Brief (ERB) obtained from the applicant's Official Military Personnel File on the integrated Personnel Electronic Records Management System (iPERMS) does not show he was awarded the Army Commendation Medal, Global War on Terrorism Expeditionary Medal, Iraqi Campaign Medal, or the Combat Infantryman Badge.  The applicant’s electronic records do not contain any documents showing he was awarded the ARCOM or the CIB.  

4.  Defense Finance and Accounting Service (DFAS) records show the applicant received imminent danger pay and hostile fire pay for the periods 1 May 2002 to 30 November 2002 and again from 1 January 2003 to 31 July 2003 while a rifleman assigned to Company B, 1-15th Infantry Regiment (Mechanized).

5.  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.

6.  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.  


7.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 13 of the 
DD Form 214.

8.  Army Regulation 635-5 also provides, in pertinent part, a list of authorized source documents to use when completing a Soldier's DD Form 214.  Included on this list is the ERB (computer generated).

9.  Army Regulation 635-5 establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter, from the Enlisted Record Brief, the total amount of Foreign Service completed during the period covered in block 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in block 18 remarks "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD).

10.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions 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.  The message also states that under no condition will any Soldier in the United States receive this award.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Expeditionary Medal to qualified personnel.  Permanent orders are not required. 

12.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of 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 assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.

13.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement, or period of service. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the CIB was carefully considered and determined to be without merit.  Although the applicant's records show he held the MOS 11B, and that he was assigned to a regimental or smaller size unit, there is no evidence to show the infantry unit was directly engaged in active ground combat and that he actively engaged in active ground combat with enemy forces. Therefore, the applicant does not meet the criteria for award of the CIB.  In the absence of evidence to the contrary, there is no basis to grant the relief requested.  

2.  There is sufficient evidence in the applicant's records to support his request to have his DD Form 214 corrected to show his foreign service in support of Operation Enduring Freedom and Operation Iraqi Freedom for the periods 1 May 2002 to 30 November 2002 and from 1 January 2003 to 31 July 2003 for a total of 1 year, 2 months, and 1 day.  

3.  There is sufficient evidence to correct the applicant's record to show award of the Army Commendation Medal.

4.  There is sufficient evidence to correct the applicant's record to show award of the Global War on Terrorism Expeditionary Medal for his period of foreign service from 1 May 2002 to 30 November 2002 and the Iraqi Campaign Medal for the period of foreign service from 1 January 2003 to 31 July 2003. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JV___  __RG___  ___RH___  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 his DD Form 214 to show the entry in Block 12f (Foreign Service) "1 year, 2 months, 1 day"; 

	b.  amending his DD Form 214 to show the entry in Block 18 (Remarks) "SERVICE IN KUWAIT FROM 20020501 - 20021130" and "SERVICE IN IRAQ FROM 20030101 - 20030731"; and

	c.  amending his DD Form 214 to show award of the Army Commendation Medal, the Global War on Terrorism Expeditionary Medal, and the Iraqi Campaign 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 the Combat Infantryman Badge.




_____   James Vick_________
          CHAIRPERSON


INDEX

CASE ID
AR20070004292
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070919
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
120.0000
3.

4.

5.

6.