RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 		          24 April 2008
	DOCKET NUMBER:  AR20080000327 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, in effect, correction of his records to reflect foreign service credit and any awards, decorations, badges, and/or campaign ribbons to which he is entitled.

2.  The applicant states that he served in Iraq during the period from 5 March 2003 through 2 February 2004.  He continues that he received the Combat Infantryman Badge and campaign ribbons.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this 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.  The applicant's records show that he enlisted in the United States Army Reserve on 4 June 2002.  He completed basic training and advanced individual training and was awarded the military occupational specialty 11B (Infantryman).  The highest rank he achieved was private/pay grade E-2.

3.  The applicant's military service records do not indicate any significant acts of valor during his military service.

4.  Item 12 (Record of Service) of the applicant's DD Form 214 does not reflect any period of foreign service.

5.  There is no evidence in the applicant's military service record which identifies specific periods of foreign service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal, and the Army Service Ribbon.

7.  Item 13 of the applicant's DD Form 214 does not reflect award of the Combat Infantryman Badge.

8.  There is no evidence in the applicant's military service record that he participated in active ground combat.  There is also no evidence in the available records which shows that he was assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

9.  The applicant's DD Form 214 indicates that he received a general discharge under honorable conditions on 4 May 2004.  The DD Form 214 shows that the applicant served a total of 1 year, 11 months, and 1 day of creditable active military service and did not complete his first full term of service.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-17, prescribes that the Iraq Campaign Medal is authorized for award to individuals who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  This paragraph further specifies that under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

11.  Army Regulation 600-8-22, paragraph 8-6, prescribes that the Combat Infantryman Badge is authorized for award to an infantryman satisfactorily performing infantry duties while assigned or attached to an infantry unit during such time as the unit is engaged in active ground combat.  The Soldier must actively participate in such ground combat; campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.  This paragraph further specifies that the Soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an army enlisted Soldier or warrant officer with an infantry or special forces military occupational specialty, who has 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, to close with and destroy the enemy with direct fires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect foreign service credit and awards, decorations, badges, and/or campaign ribbons, to include award of the Combat Infantryman Badge, was carefully considered and determined to be without merit.

2.  Although the applicant's records indicate that he served overseas, there are no orders or other evidence which clearly identifies specific periods of foreign service.  Absent such evidence, there is no basis to amend the applicant's records as requested.

3.  The applicant contends that his records should be corrected to reflect campaign ribbons.  His DD Form 214 shows that he was awarded the Global War on Terrorism Service Medal.  The only campaign ribbon authorized during the applicant's service is the Iraq Campaign Medal; however, award of the Global War on Terrorism Service Medal precludes award of the Iraq Campaign Medal under the provisions of Army Regulation 600-8-22.  Therefore, his records are correct as currently constituted with regard to his campaign credit.

4.  Although the applicant contends that he received the Combat Infantryman Badge, there are no orders in the available records which show this award.  Additionally, the applicant has not provided evidence and his records do not show that he was assigned in an infantry military occupational specialty in a brigade, regimental, or smaller size unit that was directly involved in active ground combat.  Therefore, there is no basis to correct his records to show award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x____  __x_  _LCB____         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.




	__x______
	CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080000327



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508