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ARMY | BCMR | CY2007 | 20070005065
Original file (20070005065.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070005065 


	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

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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 his foreign service tour, Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his tour in Iraq was not recorded in item 
12f (Foreign Service) and item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He further states, in effect, that he fought in combat while in Iraq and his CIB is missing along with the other awards due to him.

3.  The applicant provides a copy of his DD Form 214 and two Certificates of Award with their respective DA Form 638s (Recommendation for Award) for the ARCOM and AAM.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the Regular Army on 8 August 2000.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B1O (Infantryman). 

2.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry  
"0000 00 00."

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the award of the Army Lapel Button, Global War on Terrorism Expeditionary Medal, Global War of Terrorism Service Medal, Army Good Conduct Medal, National Defense Service Medal, and the Army Service Ribbon.  However, it does not show awards of the ARCOM, AAM, or CIB.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows no entry that pertains to the applicant's foreign service tour.

5.  The DA Form 638 and Certificate of Award that the applicant submitted shows that he was awarded the AAM by Headquarters, 1st Battalion, 5th Cavalry,  
1st Cavalry Division, by Permanent Orders Number 029-13, dated 29 January 2005.  He was awarded it for exemplary service as a dismount (sic) infantryman during offensive and defensive operations in Najaf, Iraq for the period  
1-31 August 2004.  

6.  The other DA Form 638 and Certificate of Award that the applicant submitted show that he was awarded the ARCOM by Headquarters, 2nd Brigade,  
1st Cavalry Division, by Permanent Orders Number 248-32, dated 7 September  
2004 for exceptionally meritorious service while deployed in support of Iraqi Freedom I and II for the period 10 January 2004 to 12 January 2005 for a total of 1 year and 3 days of foreign service.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service, taken from the ERB/ORB (Enlisted Record Brief/Officer Record Brief) performed during the period covered by the DD Form 214 will be entered in item 12f.

9.  Army Regulation 635-5, in pertinent part, directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

10.  A review of the applicant's records does not indicate entitlement to additional awards that are not shown on his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the ARCOM, AAM, CIB, and his Foreign Service tour.

2.  Evidence shows that the applicant was awarded the ARCOM and the AAM.  Therefore, he is entitled to corrections of his records to show these awards.

3.  The evidence shows the applicant was assigned as a dismount Infantryman while assigned to 1st Battalion, 5th Cavalry, 1st Cavalry Division.  Also, evidence shows he was awarded the ARCOM and AAM for exemplary and exceptional meritorious service during the period 10 January 2004 to 12 January 2005, while on offensive and defensive operations in support of Iraqi Freedom I and II.  Therefore, the applicant is entitled to correction of his records to show the CIB.

4.  Evidence shows that the applicant served in Iraq during the period 10 January 2004 to 12 January 2005 for a period of 1 year and 3 days.  Therefore, he is entitled to correction of his records to show in item 12f (Foreign Service) of his DD Form 214 the entry 0001 00 03.

5.  Evidence shows that the applicant served in Iraq during the period 10 January 2004 to 12 January 2005.  Therefore, he is entitled to correction of his records to show in item 18 (Remarks) of his DD Form 214 Service in Iraq  
20040110 – 20050112.

BOARD VOTE:

___dac__  ____qas _  ___jcr___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of ARCOM, AAM, CIB, in item 12f (Foreign Service) the entry 0001 00 03, and in item 18 (Remarks) of the applicant's DD Form  
214 Service in Iraq 20040110 - 20050112.




__________Jeffrey C. Redmann_____
          CHAIRPERSON




INDEX

CASE ID
AR20070005065
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070920
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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