IN THE CASE OF:	  

		BOARD DATE:	 	  30 October 2008

		DOCKET NUMBER:  AR20080009512 


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, correction of his separation document to show he served in support of Operation Iraqi Freedom (OIF) and that he was awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, he was assigned to Company B (Rifle), 2d Battalion, 505th Infantry, and served in Iraq from 8 August 2006 to 29 October 2007.  He also states he was awarded the Combat Infantryman Badge for his involvement in combat operations while serving in Iraq.  The applicant adds that he requests this information be added to his discharge document for Department of Veterans Affairs benefits purposes.

3.  The applicant provides an Anoka County Veterans Service Office, Anoka, Minnesota, letter, dated 30 May 2008; Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 218-2855, dated 5 August 2004; Headquarters, 25th Infantry Division, Multi-National Division-North, Contingency Operating Base Speicher, Permanent Order 039-003D, dated 8 February 2007; Army Human Resource Systems Soldier Deployment History Outprocessing Report, dated 7 February 2008; and DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 4 March 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the U.S. Army Reserve on 21 February 2004 and entered active duty in the Regular Army for a period of 3 years and 16 weeks on 5 April 2004.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (Infantryman).

2.  The applicant's military service records contain an Enlisted Record Brief, dated 24 January 2008.  Section I (Assignment Information), Overseas/ Deployment Combat Duty, is absent an entry.  Section IX (Assignment Information), in pertinent part, shows the applicant was assigned to Company B (Rifle), 2d Battalion, 505th Infantry, Fort Bragg, North Carolina, on 28 October 2004, and he remained assigned to the unit until he was released from active duty.  Section VIII (Awards and Decorations) shows he was awarded the Army Achievement Medal, National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal, Combat Infantryman Badge, Expert Infantryman Badge, and Parachutist Badge.

3.  The applicant's military service records contain a copy of Headquarters,
25th Infantry Division, Multi-National Division-North, Contingency Operating Base Speicher, Permanent Order 039-003D, dated 8 February 2007, that shows the applicant was awarded the Combat Infantryman Badge for satisfactorily performing infantry or Special Forces duties in active ground combat, to close with and destroy the enemy with direct fires, on 24 January 2007.

4.  The applicant's military service records contain a DD Form 214, with an effective date of 4 March 2008.  This document shows that the applicant entered active duty on 5 April 2004, was honorably released from active duty on 4 March 2008, and was credited with completing 3 years and 11 months net active service during this period.  Item 12 (Record of Service), block f (Foreign Service), fails to show he was credited with completing any foreign service and Item 18 (Remarks) is absent any indication that the applicant served in support of OIF.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal, Army Service Ribbon, and Parachutist Badge.  The DD Form 214 also shows the applicant was released from active duty under the provisions of Army Regulation 635-200, Chapter 4, based on completion of required active service.

5.  The applicant's military service records are absent documentation that shows he deployed overseas in support of OIF.

6.  A review of the applicant's records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

7.  The applicant's military service records contain a copy of DA Form 4980-14, (The Army Commendation Medal Certificate), dated 14 February 2008.  This document shows the applicant was awarded the Army Commendation Medal for meritorious service while assigned to 1st Platoon, Company B, 2d Battalion, 505th Parachute Infantry Regiment, from 1 April 2004 to 1 May 2008.  This document also shows that the award was announced in Headquarters, 3d Basic Combat Training, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Orders Number 045-05, dated 14 February 2008.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal and his records do not contain any adverse information during the period of service from 5 April 2004 through 4 March 2008.

9.  In support of his application, the applicant provides the following documents.

   a.  Anoka County Veterans Service Office, Anoka, Minnesota, letter, dated 30 May 2008; Headquarters, 25th Infantry Division, Multi-National Division-North, Contingency Operating Base Speicher, Permanent Order 039-003D, dated 8 February 2007; and DD Form 214, with an effective date of 4 March 2008.  These documents were previously introduced and considered in this Record of Proceedings.

   b.  Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 218-2855, dated 5 August 2004, that show the applicant was awarded the Parachutist Badge for successful completion of Airborne training on 13 August 2004.

   c.  Army Human Resource Systems Soldier Deployment History Outprocessing Report, dated 7 February 2008, that, in pertinent part, shows the applicant served 447 days from 8 August 2006 to 29 October 2007 in Unit Identification Code WLB0000 in a named operation for the purpose of war in a non-U.S. worldwide location.  This document also shows the sergeant first class serving as the Reviewing Official authenticated the document on 7 February 2008.

10.  In connection with the processing of this case, coordination was made with Army Military Pay Operations, Defense Finance and Accounting Service (DFAS), Cleveland, Ohio.  This coordination revealed that DFAS records show the applicant received imminent danger pay for service in a combat zone (i.e., OIF) from 1 August 2006 to 31 October 2007.

11.  Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), in pertinent part, provides that hostile fire pay (HFP)/imminent danger pay (IDP) is payable at a monthly rate of $225.  It is payable in addition to all other pays or allowances.  Additionally, it is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  Active and Reserve component members who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Iraq Campaign Medal to individuals who have served in direct support of 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days, or engaged in combat during an armed engagement, regardless of the time in the area of eligibility.  No service member will be entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement or period of service.  Precedence for the Iraq Campaign Medal will be positioned below the Afghanistan Campaign Medal and above the Global War on Terrorism Expeditionary Medal.

13.  Army Regulation 600-8-22 provides that a bronze service star is authorized to be worn on the Iraq Campaign Medal for participation in each of the following campaigns:  Liberation of Iraq (19 March 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).

14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16.  Army Regulation 600-8-22, in pertinent part, provides for award of the Combat Infantryman Badge and states 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.  In addition, a recipient must be personally present and under hostile fire while serving in the assigned infantry or special forces primary duty while the unit actively engaged in ground combat with the enemy.

17.  Army Regulation 600-8-22, in pertinent part, provides for award of the Expert Infantryman Badge and states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File.

19.  Paragraph 2-4 of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 12, block f, state to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the PQR/ERB/ORB.  The instructions for Item 13 state to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for the block.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of Country Deployed) from (inclusive dates; for example, YYYYMMDD - YYYYMMDD."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he served in support of Operation Iraqi Freedom and that he was awarded the Combat Infantryman Badge.

2.  The evidence of record shows the applicant was authorized HFP/IDP during the period 1 August 2006 to 31 October 2007 for his service in an HFP/IDP area in support of OIF from 8 August 2006 through 29 October 2007.  The evidence of record also shows the applicant was credited with completing 447 days during this period, which equates to 1 year, 2 months, and 22 days of foreign service during the period of service under review.  Thus, the evidence of record supports the applicant’s claim that he served overseas in support of OIF.  Therefore, his DD Form 214 should be corrected to show his foreign service in support of OIF.

3.  The evidence of record shows that the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal.  In addition, the applicant’s ERB shows he was authorized the Iraq Campaign Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the Iraq Campaign Medal.

4.  The evidence of record shows that the applicant served in Kuwait and Iraq in support of OIF from 8 August 2006 through 29 October 2007.  In addition, records confirm the applicant participated in the National Resolution campaign.  Therefore, it would be appropriate to correct the applicant’s records to authorize 1 bronze service star to be affixed to his Iraq Campaign Medal.

5.  Records show that Permanent Orders awarded the applicant the Army Commendation Medal for meritorious service from 1 April 2004 to 1 May 2008.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Army Commendation Medal.

6.  The evidence of record shows the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

7.  Records show that Permanent Orders awarded the applicant the Combat Infantryman Badge for satisfactorily performing infantry duties in active ground combat, to close with and destroy the enemy with direct fires, on 24 January 2007.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Combat Infantryman Badge.

8.  The applicant’s ERB shows he was authorized the Expert Infantryman Badge.  Therefore, it would be appropriate to correct his DD Form 214 to show the Expert Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 5 April 2004 to 4 April 2007;

   b.  showing the following corrections to the applicant's DD Form 214, with an effective date of 4 March 2008:

		(1)  Item 12, block f, delete "0000  00  00" and add "0001  02  22";

		(2)  adding to Item 13 the Army Commendation Medal, Good Conduct Medal, Iraq Campaign Medal with 1 bronze service star, Combat Infantryman Badge, and Expert Infantryman Badge; and



	c.  adding to Item 18 the entry "SERVICE IN KUWAIT AND IRAQ FROM 20060808 - 20071029//NOTHING FOLLOWS."



      __________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)                                         AR20080009512



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ABCMR Record of Proceedings (cont)                                         AR20080009512



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