IN THE CASE OF:	  

		BOARD DATE:	        27 MAY 2009

		DOCKET NUMBER:  AR20080017761 


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 that he was awarded the Combat Infantryman Badge and the Afghanistan Campaign Medal.  He also requests clarification of the words "RETAINED IN SERVICE 48 DAYS FOR THE CONVENIENCE OF THE GOVERNMENT PER 12305 STOPLOSS" and "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" that are currently reflected on his DD Form 214.

2.  The applicant states that he did complete his first full term of service, which was a 3-year enlistment and that he has received his awards; however, the Combat Infantryman Badge and the Afghanistan Campaign Medal are not included on his DD Form 214.  He states that due to his medical board and medical discharge he was left with errors which were overlooked by the administrative office and himself when he was being prepared to transition from military life.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 8 August 2002, the applicant enlisted in the U.S. Army Reserve (USAR) in Tampa, Florida, for 8 years, under the Delayed Entry/Enlistment Program (DEP), in the pay grade of E-1. 

2.  On 28 October 2002, the applicant was discharged from the DEP and on
29 October 2002 he enlisted in the Regular Army (RA) for 3 years.  He successfully completed his training and was awarded military occupational specialty (MOS) 11B (infantryman).  He was deployed to Afghanistan on
8 August 2003 until 16 May 2004, at which time he redeployed to the Continental United States.

3.  A Medical Evaluation Board (MEB) Narrative Summary contained in the applicant's records shows that on 14 January 2005 he was evaluated after he complained that he was afraid that he was going to do something that he was going to regret.  During the evaluation, the applicant stated that while deployed to Afghanistan he engaged the enemy and also witnessed numerous locals who were injured, as well as observed the loss of several of his fellow Soldiers.

4.  On 16 December 2005, the applicant was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), by reason of disability, with severance pay.  He had completed 3 years, 1 month, and 18 days of total active service this period.

5.  Block 8a (Last Duty Assignment and Major Command) and 8b (Station Where Separated) of the applicant's DD Form 214 that he was issued at the time of his discharge shows the entry Company A, 2nd Battalion, 87th Infantry Regiment, Fort Drum, NY.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show he was awarded the National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Expeditionary Medal (GWOTEM), and the Global War on Terrorism Service Medal.  However, the Combat Infantryman Badge and the Afghanistan Campaign Medal are not included on his DD Form 214.

6.  Block 18 (REMARKS) on his DD Form 214 includes statements which read "RETAINED IN SERVICE 48 DAYS FOR THE CONVENIENCE OF THE GOVERNMENT PER 12305 STOPLOSS" and "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."

7.  Title 10, U.S. Code, section 12305 provides the authority of the President to suspend certain laws relating to promotion, retirement, and separation.  It states that notwithstanding any other provision of law, during any period members of a Reserve Component are serving on active duty pursuant to an order to active duty under authority of section 12301, 12302, or 12304 to this title, the President 
may suspend any provision of law relating to promotion, retirement, or separation 

applicable to any member of the Armed Forces who the President determines is essential to the National Security of the United States.

8.  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.

9.  Army Regulation 600-8-22 states that service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between
24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

10.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and the Afghanistan Campaign Medal.

2.  The applicant's records show that he was assigned to the 87th Infantry Regiment and that he served in an infantry military occupational specialty; however, there is no evidence of record and the applicant did not provide any evidence that confirms he actively participated in active ground combat with his unit.  Therefore, there is no basis for awarding the Combat Infantryman Badge.

3.  The applicant was previously awarded the GWOTEM for his service in Afghanistan.  It appears he is now requesting award of the Afghanistan Campaign Medal in lieu of the GWOTEM.  To be eligible the applicant must 

specifically request such action, which he has not done.  In an effort to expedite the process a staff of the Board contacted the applicant, advised him of the regulatory requirement, and requested an addendum from the applicant requesting the Afghanistan Campaign Medal in lieu of the GWOTEM; however, the applicant has failed to respond.  Therefore, it would not be appropriate to show the Afghanistan Campaign Medal in lieu of the GWOTEM on his DD Form 214 at this time. 

4.  The applicant also contends that he completed his first full term of service.  According to the available records, the applicant did in fact complete his first full term of service and it appears the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" was entered in error.  Therefore, his DD Form 214 should be corrected delete this erroneous entry.

5.  In regard to the statement "RETAINED IN SERVICE 48 DAYS FOR THE CONVENIENCE OF THE GOVERNMENT PER 12305 STOPLOSS," that is reflected in Block 18 on his DD Form 214, he was retained in the service 48 days for the convenience of the government as a result of his MEB processing.  Therefore, the portion of the entry "per 12305 Stop Loss" should be deleted.

6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

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:

   a.  deleting from Block 18 of the applicant's DD Form 214 the phrase "PER 12305 STOPLOSS" and the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" from Block 18 on his DD Form 214; and
   
   b.  adding to Bock 18 of the applicant's DD Form 214 the entry "MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE."

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 awarding the Combat Infantryman Badge and the Afghanistan Campaign Medal.



      ________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)                                         AR20080017761



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ABCMR Record of Proceedings (cont)                                         AR20080017761



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