IN THE CASE OF:	  

	BOARD DATE:	  May 1, 2008

	DOCKET NUMBER:  AR20080000591 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was not given the opportunity to review and sign his DD Form 214.  Item 22 (Official Authorized to Sign) of the copy he was provided does not have an official signature and it is not recognized as an official document by the Department of Veterans Affairs (VA).  The applicant further states that he deployed with his unit to Iraq as a 63B in 2003.  The unit's mission converted to infantry operations during the deployment.  Since he had an additional military occupational specialty (MOS) of 11C he was put into a mortar platoon as section chief.

3.  The applicant provides a National Guard Bureau (NGB) Form 22E (Report of Separation and Record of Service), with the ending period 29 September 2006; a DD Form 214, with the ending period 8 September 2006; a DD Form 214WS (Worksheet), with the ending period 12 September 2005; an incomplete DA Form 
638 (Recommendation for Award) with citation, dated 14 November 2004; a DA Form 2166-6 (Enlisted Evaluation Report), with the ending period November 1988; a DA Form 2166-8 (NCO Evaluation Report), with the ending period May 2004; a memorandum from the 24th Marine Expeditionary Unit, II Marine Expeditionary Force, dated 7 January 2005; and a memorandum from the California Medical Community Based Health Care Organization (CBHCO) Forward, dated 29 August 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the California Army National Guard (CAARNG) on 
22 April 1982.  On 15 November 2003, he was ordered to active duty in support of Operation Iraqi Freedom.  He arrived in Iraq on 19 March 2004 assigned to Headquarters Detachment 1, 1st Battalion, 185th Armor.

2.  CAARNG Orders 266-1353, dated 22 September 2004, show that the applicant was awarded primary MOS 63A (M1 Abrams Tank System Maintainer), secondary MOS 63B (Light-Wheel Vehicle Mechanic), and additional MOS 11C (Indirect Fire Infantryman).

3.  The applicant provided an incomplete DA Form 638, dated 14 November 2004, with an attached citation that recommended him for award of the Bronze Star Medal for meritorious service while serving in Iraq during the period 5 April 2004 through 15 November 2004.
4.  The applicant provided a DA Form 2166-8, with the rating period ending May 2004.  The evaluation shows he performed duties in primary MOS 11C as a mortar section leader while serving in Iraq with Headquarters Detachment 1, 1st Battalion, 185th Armor.

5.  The applicant provided a memorandum from the 24th Marine Expeditionary Unit, II Marine Expeditionary Force, dated 7 January 2005, that shows he was attached to the 24th Marine Expeditionary Unit during the period 27 July 
2004 through 26 November 2004.

6.  The applicant departed Iraq on or about 18 March 2005.

7.  The applicant provided a DD Form 214WS worksheet.  Item 12a (Date Entered Active Duty This Period) shows the entry "2003" year(s), "11" month(s), and "15" day(s) and item 12b (Separation Date This Period) shows the entry "2005" year(s), "09" month(s), and "12" day(s). 

8.  The applicant provided a DD Form 214 with the ending period 8 September 2006.  Item 12a shows the entry "2003" year(s), "11" month(s), and "15" day(s) and item 12b shows the entry "2006" year(s), "09" month(s), and "08" day(s).  However, Item 22 (Official Authorized to Sign) of the DD Form 214 is not signed by a separation official.  

9.  The applicant provided an NGB Form 22, with the ending period 
29 September 2006.  On 29 September 2006, he was discharged from the Army National Guard (ARNG) and placed on the permanent disability retired list.

10.  On 15 April 2008, the Defense Finance and Accounting Service (DFAS) verified that the applicant was ordered to active duty on 15 November 2003 and separated from active duty on 29 September 2006. 

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  It directs that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, a statement of service or transcript of military record will be issued.

12.  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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was ordered to active duty on 
15 November 2003 and separated from active duty on 29 September 2006.  This service was verified by DFAS on 15 April 2008.  Although there is no authorized DD Form 214 for this period on file in his record, administrative regularity is presumed.  However, it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) to show he served on active duty from 
15 November 2003 through 29 September 2006 and to show his service in Iraq from 19 March 2004 through 18 March 2005.  The VA should accept a DA Form 1569.

2.  Evidence of record shows that the applicant performed duties as a mortar section leader while serving in Iraq with Headquarters Detachment 1, 1st Battalion, 185th Armor and was later attached to the 24th Marine Expeditionary Unit from 27 July 2004 through 26 November 2004.  However, there is no evidence to show he served in an Army infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat and thus there is insufficient evidence to show he is eligible for the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was ordered to active duty on 
15 November 2003 and separated from active duty on 29 September 2006.  This service was verified by DFAS on 15 April 2008.  Although there is no authorized DD Form 214 for this period on file in his record, administrative regularity is presumed.  However, it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) to show he served on active duty from 
15 November 2003 through 29 September 2006 and to show his service in Iraq from 19 March 2004 through 18 March 2005.  The VA should accept a DA Form 1569.

2.  Evidence of record shows that the applicant performed duties as a mortar section leader while serving in Iraq with Headquarters Detachment 1, 1st Battalion, 185th Armor and was later attached to the 24th Marine Expeditionary Unit from 27 July 2004 through 26 November 2004.  However, there is no evidence to show he served in an Army infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat and thus there is insufficient evidence to show he is eligible for the Combat Infantryman Badge.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XX ___  __XX  ___  ___XX __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a Transcript of Military Record to show he served on active duty from 15 November 2003 through 29 September 2006 and to show his service in Iraq from 19 March 2004 through 18 March 1005.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Combat Infantryman Badge. 




       _   __XX   __   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080000591





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