IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080009520
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 that Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
17 July 2005 that shows "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030805 TO 20040410" be corrected to show he actually served in Iraq during this period. He also requests award of the Combat Infantryman Badge.
2. The applicant states that his DD Form 214 incorrectly shows he served in Afghanistan instead of Iraq. He continues that HE WAS AWARDED THE Combat Infantryman Badge and his DD Form 214 should also show this award.
3. The applicant provides his DD Form 214; 82nd Paratrooper Support Battalion, 82nd Airborne Division Orders 166-0307, dated 15 June 2005; and a DD Form 2648 (Pre-Separation Counseling Checklist), dated 1 March 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 July 2001 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Infantryman).
2. Headquarters, 3rd Brigade, 82nd Airborne Division Permanent Order Number 100-144, dated 9 April 2004, shows that the applicant received the Army Commendation Medal for meritorious service while performing combat
operations in support of Operation Iraqi Freedom during the period 4 August 2003 through 20 March 2004, while assigned to A Company, 3rd Battalion, 505th Parachute Regiment.
3. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
4. The applicant was honorably released from active duty on 17 July 2005 after completing 4 years of creditable active service.
5. His DD Form 214 with the ending period 17 July 2005 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Parachutist Badge. Item 18 shows the entry "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030805 TO 20040410."
6. 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 applicant contends that his DD Form 214 should be changed to show he served in Iraq instead Afghanistan. His Army Commendation Medal citation shows that he served in Iraq in support of Operation Iraqi Freedom for the period 4 August 2003 through 20 March 2004. Therefore, Item 18 of his DD Form 214 should be amended to read "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030804 TO 20040320."
2. Evidence of record shows that the applicant performed as an infantryman while serving in Iraq with A Company, 3rd Brigade, 505th Parachute Infantry Regiment while performing combat operations. However, there is no evidence to
show his unit was engaged in active ground combat or that he was awarded the Combat infantryman Badge. Therefore, there is insufficient evidence to show he is eligible for award of 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:
a. deleting "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030805 TO 20040410" from item 18 on the applicant's DD Form 214 with the period ending 17 July 2005; and
b. adding to Item 18 of his DD Form 214 the entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030804 TO 20040320."
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.
________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) AR20080009520
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