RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 September 2007
	DOCKET NUMBER:  AR20070009471 


	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. William D. Powers

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jerome L. Pionk

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 the Combat Infantryman Badge (CIB) or the Combat Action Badge (CAB). 

2.  The applicant states, in effect, that he served in an imminent danger area and was actively engaged in combat with the enemy on 11 November 2004.  He states, in effect, that he was medically evacuated out of country prior to his award recommendation being processed; however, the rest of his platoon was already awarded theirs.

3.  The applicant provides a copy of Joint Force Headquarters, Oregon National Guard, Orders Number 281-023, dated 7 October 2004; Orders Number
285-212, dated 11 October 2004; Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Orders Number 294-70, dated 20 October 2004; Headquarters, 1st Personnel Command, Orders Number 021-005, dated  
21 January 2005; Headquarters, I Corps and Fort Lewis, Permanent Orders  
104-057, dated 14 April 2005; DA Form 2173 (Statement of Medical Examination and Duty Status), dated 1 August 2005; and a DA Form 4187 (Personnel Action) with a written statement, dated 12 April 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the Army National Guard of Oregon on 5 June 2003.  He was ordered to active duty as an Army National Guard Soldier on 12 October 2004.  His primary military occupational specialty (PMOS) at that time was 12B (Combat Engineer).  His unit of assignment during mobilization was Company A, 2nd Battalion, 162nd Infantry, Fort Bliss, Texas.

2.  According to Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Orders Number 294-70, dated 20 October 2004, the applicant was assigned and attached to Headquarters, 3rd Army Central Command (ARCENT), Camp Doha, Kuwait in support of Operation Iraqi Freedom (OIF) not to exceed  
183 days.  His will proceed date started on 22 October 2004.

3.  The DA Form 2173 shows that the applicant was injured on 11 January  
2005, in Camp Volunteer, Iraq, when he fell from a guard tower sustaining a fracture to his left calcaneous.

4.  On 21 January 2005, the applicant was redeployed to Madigan Army Medical Center, Fort Lewis, Washington in support of OIF and for further medical care.

5.  The applicant's military service records do not contain a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his period of active duty.  However, his NGB Form 22 (Report of Separation and Report of Service) shows in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) the National Defense Service Medal, Army Service Ribbon, Army Reserve Components Achievement Medal, Air Force Training Ribbon, and Army Achievement Medal-2.  However, it does not show the CIB or CAB.

6.  His NGB Form 22 he was issued shows he was honorably released from active duty and discharged from the Army National Guard on 4 June 2007 and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri.  He had completed 4 years of Net Service This Period.

7.  In a statement submitted along with another Soldier's DA Form  
4187 submitted by the applicant, it was stated, in effect, that he was stationed with the applicant when he was awarded the CIB.  It further states that the applicant "was present at the time of the direct fire incident."

8.  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 officers 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.

9.  Army Regulation 600-8-22 states the requirements for award of the CAB are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  It also states that award of the CAB is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the CAB are not authorized prior to 18 September 2001.
10.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 15 of his NGB Form 22.

11.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism (GWOT) Operations on or after 11 September 2001 to a date to be determined.  It also states that the GWOTEM may be awarded posthumously.  Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM) if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

12.  Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the GWOT operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  (1) Initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or (2)  all Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after  
11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the CIB or CAB.

2.  The evidence shows the applicant was not assigned as an Infantryman while assigned to an infantry unit of brigade, regimental, or smaller size and he did not hold PMOS 11B.  While he served in Iraq he held MOS 12B.  Also, in order for the applicant to qualify for the CIB he had to be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Therefore, he is not entitled to correction of his records to show the CIB.

3.  Orders show that he served in Iraq during the period 22 October 2004 to  
21 January 2005.  However, the only evidence submitted by the applicant is the statement submitted by the Soldier who made the statement.  While the Soldier making this statement says the applicant was present at the time of the firefight, he does not say he saw the applicant engage the enemy.  Therefore, there is insufficient evidence to correct his records to show the CAB.

4.  The DA Form 4187 and written statement submitted by the applicant was considered.  However, it is not sufficient evidence to award the CIB because the applicant was not serving as an infantryman at the time.

5.  Orders show that the applicant served in Iraq in support of Operation Iraqi Freedom during the period 22 October 2004 to 21 January 2005.  Therefore, he is entitled to correction of his records to show the GWOTEM.

6.  Records show that the applicant remained on active duty status until 4 June 2007.  Therefore, he is entitled to corrections of his records to show the GWOTSM.

7.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___lmd__  ___wdp__  ___jlp_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented is insufficient to warrant the requested relief.  As a result, the Board recommends denial of the CIB and CAB.

2.  The Board further determined that an administrative error in the records of the individual should be corrected.  As a result, the Board recommends that the State Army National Guard records and all Department of the Army records of the individual concerned be corrected by showing the GWOTEM and GWOTSM in item 15 of the applicant's NGB Form 22.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




__________William D. Powers______
          CHAIRPERSON




INDEX

CASE ID
AR20070009471
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
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.