IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080008316 


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 the Combat Infantryman Badge and his deployment in Afghanistan be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he was deployed to Afghanistan from 31 July 2003 to 1 May 2004 and was awarded the Combat Infantryman Badge.  He adds that this award and his deployment in Afghanistan are not shown on his DD Form 214 and should be because he did his duty and wants it corrected.

3.  In support of his application, the applicant provides copies of his Certificate of Achievement and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Army Delayed Entry Program on 3 December 2002 and entered the Regular Army in pay grade E-1 on 13 March 2003.  He completed training and was awarded the military occupational specialty (MOS) 11B, Infantryman.

2.  The applicant submits a copy of his Certificate of Achievement for outstanding service during Operation Enduring Freedom IV from 31 July 2003 to 1 May 2004.

3.  The applicant’s records contain a certificate for his award of the Army Commendation Medal for meritorious service from 24 July 2003 to 31 January 2005.
4.  The applicant was released from active duty on 16 November 2006 and transferred to the United States Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 that shows in Item 12f (Foreign Service) credit for 11 months and 5 days foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, and Overseas Service Ribbon.  The Combat Infantryman Badge is not shown on his DD Form 214.  Item 18 (Remarks) of his DD Form 214 shows the applicant served in Iraq from 11 August 2005 to 15 July 2006 (11 months and 5 days).  Item 18 does not contain an entry to show he deployed to Afghanistan from 31 July 2003 to 1 May 2004.

6.  There are no orders in the applicant’s service personnel records that show he was awarded the Combat Infantryman Badge.  There are also no orders announcing his deployment in Support of Operation Enduring Freedom IV with assignment in Afghanistan.

7.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part, 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 and have 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.

8.  HQDA Letter 600-05-1, dated 3 June 2005, amended Army 
Regulation 600-8-22 by the adding the following provisions:  On or after 18 September 2001, (a) a Soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted Soldier with an infantry or special forces MOS, 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; and (b) a Soldier must be personally present and under fire while serving in an assigned infantry or special forces primary duty, in a unit engaged in active ground combat, to close with and destroy the enemy with direct fires.

9.  Army Regulation 635-5 (Separation Documents) prescribes the policies and procedures regarding separation documents.  The regulation specifies that a DD Form 214 will be prepared for individuals who are retired, discharged, or released from active duty service.  The total amount of foreign service completed during the period covered by the DD Form 214 will be shown.  Foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.  However, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (INCLUSIVE DATES FOR EXAMPLE, YYYYMMDD-YYYYMMDD)” will be entered in Item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record fails to show the applicant was awarded the Combat Infantryman Badge.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS or special forces primary duty while the unit engaged in active ground combat.

2.  The evidence does show the applicant served in an infantry MOS and in an infantry unit; however, the evidence of record does not confirm, and he has not shown, that he was personally present and participated in active ground combat while assigned or attached to this infantry unit in Afghanistan.  His records also do not show he received any awards for valor that would give an indication he was exposed to ground combat against the enemy.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge or to have it added to his DD Form 214.

3.  The evidence of record does not show the applicant was deployed or served in Afghanistan for any length of time during his period of service.  The certificate submitted by the applicant shows he was recognized for outstanding service and contributions during combat operations in Afghanistan.  The documentation does not verify that he actually was stationed in that area.  He is, therefore, not entitled to correction of Items 12f and 18 of his DD Form 214 to show he served in Afghanistan from 31 July 2003 to 1 May 2004 based on the available evidence.

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

___x____  ___x____  __x_____  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
      
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)                                         AR20080008316



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008316



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1