IN THE CASE OF:	  

		BOARD DATE:	  3 February 2009

		DOCKET NUMBER:  AR20080016957 


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 Driver's Badge, Combat Artillery Badge, and Combat Infantryman Badge (CIB); and that the Army Commendation Medal (ARCOM) he was awarded be added to the list of awards on his separation document (DD Form 214).

2.  The applicant states, in effect, that he believes he should receive the Combat Driver Badge, Combat Artillery Badge, and CIB, which are not listed on his 
DD Form 214.

3.  The applicant provides Page 1 of a Recommendation for Award (DA Form 638) and an ARCOM Certificate in support of his request.

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 Combat Driver's Badge and Combat Artillery Badge are not now, nor have they ever been authorized Army awards, and they are not included in the Department of the Army (DA) inventory of awards and decorations.  As a result, there is no effective relief available to the applicant on these matters and they will not be addressed further in this Record of Proceedings.  

3.  The applicant’s military record shows he enlisted in the Regular Army and entered active duty on 25 July 2002.  He was trained in, awarded, and served in military occupational specialty (MOS) 13F (Fire Support Specialist).

4.  On 12 June 2005, the applicant was honorably discharged from active duty after completing 2 years, 10 months, and 18 days of active military service.  The DD Form 214 issued him at that time shows he served in Iraq from 5 April 2003 to 15 April 2004, and that during his Iraq tour, he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 8th Infantry Regiment.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that during his active duty tenure, he earned the National Defense Service Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), and Army Lapel Button.  There are no combat badges included in the list of awards contained on the applicant's separation document and he authenticated this document with his signature in Item 21 (Signature of Member Being Separated) on the date of his separation. 

6.  The applicant's record is void of any documents or orders that indicate he was ever recommended for or awarded a combat badge or the ARCOM by proper authority during his active duty tenure.  

7.  The applicant provides Page 1 of a DA Form 638.  This page indicates the applicant was recommended for the ARCOM during the period 11 April 2003 through 11 April 2004, for his meritorious service during Operation Iraqi Freedom; however, he fails to provide Page 2 of the award recommendation, which would contain the award approval authority decision and would identify the orders authorizing the award if it had been approved.  He also provides an ARCOM certificate issued for the same period.  However this document does not identify the issuing headquarters or unit and/or the date of approval.  


8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  The awards regulation stipulates that individual awards should be recommended on a DA Form 638 and must be approved by the proper award approval authority and announced in official orders.  

9.  Chapter 8 of the award regulations contains guidance on award of combat badges.  It states, in pertinent part, that there are three basic requirements for the CIB.  These requirements are that the member hold and served in an infantry MOS; that they serve in an infantry unit of brigade, regimental or smaller size; and that they are present and participate with the qualifying infantry unit while it is engaged in active ground combat with enemy forces.  The CIB is not authorized to members who do hold an infantry MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the ARCOM he received should be added to 
his DD Form 214 and that he should be awarded the CIB was carefully considered.  However, there is insufficient evidence to support this claim. 

2.  By regulation, in order to be eligible to receive the CIB, a member must hold and serve in an infantry MOS.  The evidence of record confirms the applicant held and served in an artillery MOS throughout the period he served on active duty.  As a result, he was and remains ineligible to receive this award.  Further, there is no evidence of record that confirms the applicant's presence and participation with his unit while it was engaged in active ground combat with enemy forces.  Therefore, there is an insufficient evidentiary basis to support award of any combat badge.

3.  The DA Form 638 and ARCOM certificate provided by the applicant are not sufficient to support adding this award to his record and separation document.  These documents are not complete and provide no evidence that the award was approved by the proper award approval authority.  As a result, there is an insufficient evidentiary basis to support adding this award to his record and separation document at this time.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


5.  The applicant is advised that it is not within the purview of the Board to issue award medal sets.  However, he may submit a request for the medal sets for the awards identified on his DD Form 214.  This request should be submitted to the following address:  

		United States Army Soldier and Biological Chemical Command
		IMMC- Soldier Systems Directorate
		700 Robbins Avenue, Post Office Box 57997
		Philadelphia, Pennsylvania  19111-7997 

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)                                         AR20080016957



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ABCMR Record of Proceedings (cont)                                         AR20080016957



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