IN THE CASE OF:	  

		BOARD DATE:	  	  18 November 2008

		DOCKET NUMBER:  AR20080013667 


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).  He also requests that his records be corrected to show that he served in Iraq, not Afghanistan.

2.  The applicant states, in effect, that he has evidence that shows he was deployed in support of the Gulf War.  He also states, in effect, that he saw his name on the unit orders awarding him the CIB.
  
3.  The applicant provides a copy of his 3 May 2005 separation document 
(DD Form 214), a copy of Orders Number 062-01, and a copy of a travel voucher in support of his application.  

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's record shows that he enlisted in the Regular Army on 29 July 1999.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest grade he held was sergeant (SGT)/E-5.

3.  On 30 November 2003, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 4 years, 4 months, and 2 days of active military service. 

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) shows that the applicant received the following awards:  the Army Commendation Medal (2nd award), the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Infantryman Badge, and the Parachutist Badge. 

5.  Item 18 (Remarks) shows that the applicant was deployed to Afghanistan in support of Operation Enduring Freedom from 15 March 2003 to 22 August 2003.

6.  The applicant submitted a copy of Orders Number 062-01, Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, dated 3 March 2003, which show that the applicant was assigned to the CENTOM AOR (Central Command Area of Operations) (Kuwait) on or about 15 March 2003.

7.  The applicant submitted a copy of a DD Form 1351-2 (Travel Voucher), dated 25 August 2003, which shows in item 15 (Itinerary) that on 17 March 2003 the applicant departed from Pope Air Force Base, North Carolina; arrived in Iraq on 29 March 2003; and subsequently departed Iraq on 20 August 2003 en route to Germany for his return to the continental United States (CONUS).

8.  The applicant's records contain an Army Commendation Medal certificate that was issued to him for exceptionally meritorious service while serving in Iraq in support of Operation Iraqi Freedom.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges.  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.  The regulation stipulates that combat service and campaign participation alone does not qualify a member for the CIB.  

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.

11.  Army Regulation 635-5 also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show award of the CIB and to show that he was deployed to Iraq were carefully considered and found to have partial merit.

2.  There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the CIB.  Evidence of record shows that he served in an infantry MOS in an infantry unit.  However, the applicant's records do not show and he did not provide any evidence to show that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, he is not entitled to award of the CIB.

3.  Evidence of record shows that the applicant served in support of Operation Iraqi Freedom in Iraq.  The applicant's DA Form 1351-2 shows that he arrived in Iraq on 29 March 2003 and departed Iraq on 20 August 2003 en route to Germany for his return to CONUS.  Therefore, he is entitled to have his records corrected to show "SERVICE IN IRAQ FROM 20030329 - 20030820."








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 by amending the individuals DD Form 214 issued on 30 November 2008 by: 
	
   a.  deleting the entry "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030315 TO 20030822"; and

   b.  adding the entry “SERVICE IN IRAQ FROM 20030329 - 20030820”.

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 CIB.



      ___________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)                                         AR20080013667



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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