IN THE CASE OF:	  

	BOARD DATE:	  5 June 2008

	DOCKET NUMBER:  AR20080007069 


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 award of the Combat Infantryman Badge for combat operations in Iraq from 11 September 2003 to 13 September 2004.

2.  The applicant states that he was assigned to Headquarters and Headquarters Company, 132nd Infantry of the 1st Mountain Division and his battalion commander notified all members under his command that they earned the Combat Infantryman Badge. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 enlisted on 5 February 2003 and trained as an indirect fire infantryman.  He served in Iraq from 11 September 2003 to 13 September 2004. On 4 February 2005, the applicant was discharged with a general discharge under the provisions of Army Regulation 635-200 for a pattern of misconduct.  He had served a total of 2 years of creditable active service.   

3.  The applicant’s DD Form 214 shows the National Defense Service Medal and the Global War on Terrorism Service Medal as authorized awards. 

4.  There are no orders for the Combat Infantryman Badge in the available records.

5.  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 or special forces specialty, 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.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.  

6.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  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 Iraq Campaign Medal 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 OIF.  A bronze service star is authorized for the following campaigns:  Liberation of Iraq 19 March 2003 – 1 May 2003; Transition of Iraq 
2 May 2003 – 28 June 2004; Iraqi Governance 29 June 2004 – 15 December 2005; and National Resolution 16 December 2005 – Date to be determined.





DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.  Although the evidence of record shows the applicant 
served as an infantryman during his assignment in Iraq, the applicant indicated 
that he was assigned to Headquarters and Headquarters Company, 132nd Infantry of the 1st Mountain Division in Iraq.  There is no evidence of record which shows he was assigned to an infantry unit that engaged in active ground combat or that he was personally present and under hostile fire in Iraq.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.  However, he might consider contacting his unit and ask if Combat Infantryman Badge orders were issued.

2.  Based on his service in Iraq, the applicant is eligible for award of the Iraq Campaign Medal with two bronze service stars.

3.  Evidence shows that the applicant’s records contain an 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

___xx___  __xx____  ____xx__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.



2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the 
CMSD-St. Louis administratively correct the records of the individual concerned to show the Iraq Campaign Medal with two bronze service stars on his DD Form 214.



      _________xxxx__________
      	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)                                         AR20080007069



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ABCMR Record of Proceedings (cont)                                         AR20080007069



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