IN THE CASE OF:	  

		BOARD DATE:	  22 July 2008

		DOCKET NUMBER:  AR20080001622 


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, award of the Combat Infantryman Badge (CIB) and any additional combat awards to which he is entitled for his service in support of Operation Iraqi Freedom.

2.  The applicant states, in effect, that he earned the CIB and other combat-related awards which were omitted from his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides no additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted into the United States Army National Guard on 15 October 1998 and was assigned to Headquarters and Headquarters Company, 2nd Battalion of the 162nd Infantry Regiment based in Cottage Grove, Oregon.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 31U (Signal Support Systems Specialist).  The highest rank he attained while serving on active duty was the grade of specialist (SP4)/pay grade E-4.  

2.  Item 6 (Military Occupational Specialties) of the applicant's DA Form 
2-1 (Personnel Qualification Record) shows his primary MOS as 31U.

3.  Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 shows that he attended and successfully completed both the Basic Combat Training course and the Signal Support Specialist course in 1999.

4.  DA Form 1059 (Service School Academic Evaluation Report), dated 6 February 2004, shows the applicant attended and successfully completed the Infantryman MOS Qualification Course.

5.  The applicant's Official Military Personnel File is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

6.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 
2-1 does not include the CIB.

7.  The applicant's DD Form 214 shows that on 13 February 2005, he was released from active duty with an honorable characterization of service and transferred back to his unit after completing 1 year, 4 months, and 2 days of active military service.  Item 11 (Primary Specialty) of the DD Form 214 shows the applicant served as a 31U for a period of 1 year and 4 months during this period of active service.  During this period of service on active duty, the applicant served two months in Kuwait and Iraq during the period 25 March 
2004 through 28 May 2004.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, and Overseas Service Ribbon.  This form does not include the CIB.  The applicant authenticated the administrative accuracy of this document with his signature in Item 32 (Signature of Member Being Transferred or Discharged) on the date of his separation. 

9.  DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 5 December 2007, corrected the applicant's DD Form 214 by deleting the Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign Medal and the Army Reserve Components Achievement Medal.

10.  A thorough review of the applicant's available service personnel records did not reveal any evidence that the applicant served in an infantry MOS, or any other MOS, while participating in active ground combat with enemy forces.

11.  The applicant's Official Military Personnel File is void of any orders or other documents that indicate he was recommended for or awarded any awards or decorations by proper authority while serving on active duty that are not reflected on his DD Form 214 or DD Form 215.

12.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the CIB.

13.  Army Regulation 600-8-22 provides, in pertinent part, that only one award of the Iraq Campaign Medal may be authorized for any individual.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

14.  Department of the Army Military Personnel (MILPER) Message Number 08-123, issued 30 April 2008, provides guidance on the criteria, applicability, and standards on awarding and wear of service stars on the Afghanistan and the Iraq Campaign Medal.  This message authorizes a bronze service star, based on qualifying service, for each campaign listed in the message, to be worn on the appropriate campaign medal.

15.  The applicant's records show he participated in the Transition of Iraq campaign during his service in Iraq.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB for his service in support of Operation Iraqi Freedom was carefully considered.  However, by regulation, in order to support award of the CIB, there must be evidence that a member served in an infantry MOS in an infantry unit and that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Evidence shows the applicant served in MOS 31U, which is not an infantry MOS, during his entire period of active duty service.

2.  The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  The CIB is not included in the list of awards and decorations contained in Item 9 of his DA Form 2-1.

3.  Further, the CIB is also not included in the list of awards and decorations contained in Item 13 of his DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his signature was his verification that the information on the separation document, to include his primary specialty and the list of awards, were correct at the time the separation document was prepared and issued.  Although the evidence of record shows the applicant was assigned to an infantry unit, there is no evidence that he was performing infantry duties or evidence confirming he was personally present and participating with the unit while it was engaged in active ground combat with enemy forces.  As a result, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  Therefore, there is no basis upon which to grant the requested relief.

4.  The applicant was initially awarded the Global War on Terrorism Expeditionary Medal for his service in Iraq.  Army Regulation prohibits the award of both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement or period of service.  However, Soldiers who qualified for both medals during a specific period of time may request to be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  The DD Form 215 dated, 5 December 2007, shows the applicant elected this option.

5.  Evidence shows that the applicant was awarded the Iraq Campaign Medal.  Evidence also shows that he participated in one campaign during his service in Iraq.  Therefore, he is eligible for award of a bronze service star to be affixed to his already awarded Iraq Campaign Medal.


6.  The applicant's Official Military Personnel File is void of any orders or other documents that indicate he was recommended for or awarded any awards or decorations by proper authority while serving on active duty that are not reflected on his DD Form 214 or DD Form 215.

7.  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 did not submit any evidence that would satisfy this requirement.  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.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  __X_____  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 to show award of a bronze service star to be affixed to his already awarded Iraq Campaign Medal.

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 award of the Combat Infantryman Badge.




      _______ _  X _______   ___
               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)                                         AR20080001622





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ABCMR Record of Proceedings (cont)                                         AR20080001622



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