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ARMY | BCMR | CY2007 | AR20070002850C071029
Original file (AR20070002850C071029.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        02 August 2007
      DOCKET NUMBER:  AR20070002850


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 award of the Combat Infantryman Badge and the
Global War on Terrorism Expeditionary Medal.

2.  The applicant states that he was in combat while he was in Iraq from
March 2004 through August 2004.

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

CONSIDERATION OF EVIDENCE:

1.  On 15 January 2002, he enlisted in the Regular Army at Fort Meade,
Maryland, for 4 years, in the pay grade of E-1.  He successfully completed
his training as an infantryman.

2.  The awards and decorations section on the applicant's Enlisted Record
Brief indicates that while on active duty, he was awarded the Global War on
Terrorism Service Medal and the Global War on Terrorism Expeditionary
Medal.

3.  The applicant was honorably discharged on 15 March 2005, under the
provisions of Army Regulation 635-200, chapter 5-8, due to parenthood.
The Certificate of Release or Discharge (DD Form 214) that he was furnished
at the time of his discharge shows that he was awarded the Army Lapel
Button, the Global War on Terrorism Service Medal, the National Defense
Service Medal and the Army Service Ribbon.  However, the available records
fail to show that he was awarded the Global War on Terrorism Expeditionary
Medal or the Combat Infantryman Badge.

4.  Army Regulation 600-8-22 (Military Awards) states that the Global War
on Terrorism Expeditionary Medal 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 Operations on or after 11 September 2001 to a date
to be determined.  The general area of eligibility (AOE) encompasses all
foreign land, water, and air spaces outside the fifty states of the United
States and outside 200 nautical miles of the shores of the United States.
The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of
Staff, will designate the specific AOE per qualifying operation.  Because
counter-terrorism operations are global in nature, the AOE for an approved
operation may be deemed to be non-contiguous.  The Combatant Commander has
the authority to approve award of
the medal for units and personnel deployed within his or her theater.
Under no conditions will units or personnel within the United States or the
general region excluded above be deemed eligible for the Global War on
Terrorism Expeditionary Medal.  Service members must be assigned, attached
or mobilized to a unit participating in designated operations for 30
consecutive days or 60 nonconsecutive days in the AOE, or meet one of the
following criteria:  (1) be engaged in actual combat against the enemy and
under circumstances involving grave danger of death or serious bodily
injury from enemy action, regardless of time in the AOE; (2) is killed,
wounded or injured requiring medical evacuation from the AOE while
participating in the designated operation, regardless of time; or (3)
service members participating as a regularly assigned air crew member
flying sorties into, out of, within, or over the AOE in direct support of
Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify
for award of the Global War on Terrorism Expeditionary Medal. Each day that
one or more sorties are flown in accordance with these criteria will count
as one day toward the 30 consecutive or 60 nonconsecutive day requirement.

5.  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 officer persons who have an infantry military
occupational specialty.  They must have served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided insufficient evidence to substantiate his
contention that he is entitled to award of the Global War on Terrorism
Expeditionary Medal or the Combat Infantryman Badge.

2.  While his Enlisted Record Brief shows that he was awarded the Global
War on Terrorism Expeditionary Medal, there is no other document in his
available records, to include his DD Form 214, and the applicant has not
submitted any evidence that shows that he ever deployed abroad for service
in the Global War on Terrorism.  In the absence of evidence to the
contrary, he is not entitled to the Global War on Terrorism Expeditionary
Medal.

3.  Additionally, there is no evidence in the available record that shows
that the applicant was ever engaged in ground combat while assigned to an
infantry unit. Therefore, he is not entitled to the Combat Infantryman
Badge.



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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RWS__  ___KSJ__  __CG___  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.




                                  ___Curtis Greenway   _
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002850                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070802                                |
|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.  1054                |107.0138/GWOTEM                         |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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