IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080017536
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq and his receipt of the Combat Action Badge.
2. The applicant states, in effect, that his foreign service and his Combat Action Badge were omitted due to an administrative oversight.
3. The applicant provides the following additional documentary evidence in support of his request:
a. copy of his DD Form 214, dated 14 April 2006;
b. copy of Permanent Orders 340-012, issued by Headquarters, Multi-National Corps Iraq, on 6 December 2005, awarding him the Combat Action Badge;
c. copy of Orders 038-066, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, on 7 February 2005; and
d. copy of North Atlantic Treaty Organization (NATO) Travel Order Number 038-066, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, on 7 February 2005.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests correction of the applicant's DD Form 214 to show his award of the Combat Action Badge.
2. Counsel states that the issues raised by the applicant amply advance his contention.
3. Counsel did not provide any additional documentary evidence in support of the applicant's request.
CONSIDERATION OF EVIDENCE:
1. The applicant did not provide the specific dates of his service in Iraq and his records do not contain evidence of the specific dates. Attempts were made to ascertain the exact dates of his Iraq service, but without success. He was advised by separate correspondence that the Board can verify he deployed, but that the exact dates cannot be verified. Therefore, that portion of the applicant's request pertaining to his foreign service in Iraq will not be discussed further in this Record of Proceedings.
2. The applicant's records show he enlisted in the Regular Army for a period of 3 years and 17 weeks on 19 July 2004. He completed basic combat and advanced individual training and was awarded military occupational specialty 88M (Motor Transport Operator). The highest rank he attained during his military service was private first class/E-3.
3. The applicant's records show he was honorably separated on 14 April 2006. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he completed 1 year, 8 months, and 26 days of creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon. Item 13 does not show award of the Combat Action Badge.
5. Headquarters, Multi-National Corps Iraq, Baghdad, Iraq, Permanent Orders 340-012, dated 6 December 2005, show the applicant was awarded the Combat Action Badge on 7 May 2005 for engaging or being engaged by the enemy.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the Combat Action Badge on 7 May 2005 for engaging or being engaged by the enemy which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 adding award of the Combat Action Badge to the applicant's DD Form 214.
XXX
_________________________
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) AR20080017536
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080017536
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