RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  06 November 2007
	DOCKET NUMBER:  AR20070008708 


	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. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 all of the awards and decorations to which he is entitled, to include the Combat Infantryman Badge, be included on his Certificate of Release or Discharge from Active Duty (DD Form 214).  He also requests that his foreign service be reflected on his DD Form 214.

2.  The applicant states that he served in Iraq as a Combat Infantryman during Operation Iraqi Freedom from 7 April 2003 to 3 July 2003.  The applicant states that he earned the medals and that he wants his DD Form 214 to reflect his service.

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 7 March 2002, the applicant enlisted in the Army in Los Angeles, California, for 3 years, in the pay grade of E-1.  He successfully completed his training as an infantryman.

3.  The available records show that on 7 April 2004, the applicant was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the Global War on Terrorism Service Medal, the National Defense Service Medal, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  His DD Form 214 also shows that he had no foreign service while he was in the Army.

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.  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.

6.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered in block 12c. (Net Active Service This Period) should be entered in block 12f. (Foreign Service) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record, nor has the applicant submitted any evidence to support his contention that he is entitled to award of the Combat Infantryman Badge.

2.  In accordance with the applicable regulation, the applicant would have had to have an infantry or special forces specialty and to have 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.  The applicant has provided no evidence to show that he met all the requirements for award of the Combat Infantryman Badge.  Therefore, there is no basis for granting this portion of his request.

3.  The applicant's contention that he served in Iraq and should have foreign service reflected on his DD Form 214 has also been noted.  However, there is no evidence in the available record, nor has he submitted any evidence to show that he served in Iraq or the exact dates of his foreign service.  Without documented evidence of the dates and location of his foreign service, such as deployment and redeployment orders, whatever foreign service that he may have had cannot be included on his DD Form 214.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's requests.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KLW__  __MJF___  __LMD__  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.




____Kenneth L. Wright____
          CHAIRPERSON




INDEX

CASE ID
AR20070008708
SUFFIX

RECON

DATE BOARDED
2007/11/06
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS & DECORATIONS
2.  157
107.0111/CIB
3.  189
110.0000/DISCHARGE DOCUMENT
4.

5.

6.