IN THE CASE OF:	

		BOARD DATE:	  26 February 2009

		DOCKET NUMBER:  AR20080018610 


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 separation date to show 20070211.  He also requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge, Global War on Terrorism Expeditionary Medal, and two Army Commendation Medals (ARCOM). 

2.  The applicant states that his military identification card shows the correct date of discharge.  He also states that he received and has in his possession the above listed badge and medals, however, they were not entered on his 
DD Form 214.

3.  The applicant provides a photocopy of his identification card in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 
11 February 2004.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of indirect fire infantryman.  The highest rank he attained while serving on active duty was specialist/pay grade E-4.

2.  The applicant's DD Form 214 shows that on 10 February 2007 he was released from active duty with an honorable characterization of service after 
completing 3 years of active military service.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  The applicant authenticated this document with his signature at the time of his separation.  In effect, his signature is his verification that the information contained on the separation document was correct at the time the 
DD Form 214 was prepared and issued.

3.  The applicant's records maintained in the integrated Personnel Electronic Records Management System (iPERMS) contain one ARCOM certificate awarded by permanent order number 014-047.

4.  The applicant's DD Form 214 shows he was awarded the Iraq Campaign Medal and was credited with service in Operation Iraqi Freedom (Afghanistan) during the period 10 April 2005 through 5 March 2006.

5.  The available evidence does not contain any orders or other documents that indicate he was ever awarded the Combat Infantryman Badge, the Global War on Terrorism Expeditionary Medal, or a second ARCOM by proper authority while serving on active duty.

6.  Army Regulation 600-8-22, 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.

7.  Army Regulation 600-8-22, provides for award of the Global War on Terrorism Expeditionary Medal.  It states that Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq 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.

8.  Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service.  As with all individual decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
9.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the 
Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

10.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, the MPRJ, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  The expiration date of 11 February 2007 on the photocopy of the applicant's identification card is noted.  However, this date does not establish the exact date a Soldier is released or discharged from active duty.  The applicant's DD Form 214 shows that he was released from active duty on 10 February 2007.  The Board starts its consideration with a presumption of regularity, that what the Army did was correct.  There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.  As such, the separation date on the DD Form 214 is presumed to be correct as currently constituted.

2.  The applicant's records show he was awarded the ARCOM.  Therefore, he is entitled to have his records corrected to show receipt of this award.  However, there is no available evidence that he was awarded a second ARCOM, therefore he is not entitled to award of a second ARCOM.

3.  There is no evidence in the applicant's service records that show he was awarded the Combat Infantryman Badge.  While the applicant held an indirect fire infantryman specialty, there is nothing in the available evidence or was anything submitted by the applicant to show that he satisfactorily performed infantry duties, that he was assigned to an infantry unit during such time as the unit was engaged in active ground combat, and that he  actively participated in such ground combat.  As a result, the regulatory burden of proof necessary to support award of the Combat Infantryman Badge has not been satisfied in this case.  Therefore, he is not entitled to this badge. 

4.  The applicant's records show his service in Operation Iraqi Freedom began after 28 February 2005, the date the Global War on Terrorism Expeditionary Medal was discontinued.  Therefore, he is not entitled to have his records changed to show award of the Global War on Terrorism Expeditionary Medal.  Additionally, it is noted that the applicant was awarded the Iraq Campaign Medal, which is a higher award than the requested Global War on Terrorism Expeditionary Medal and no service member will be entitled to both medals for the same act, achievement or period of service.  Therefore, he is not entitled to award of the Global War on Terrorism Expeditionary Medal.

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 applicant’s DD Form 214 to show one award of the ARCOM.

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 amending his DD Form 214 to show his separation date as 20070211 and award of the Combat Infantryman Badge, Global War on Terrorism Expeditionary Medal, and second award of the ARCOM.  




      _______ _ 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)                                         AR20080018610





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ABCMR Record of Proceedings (cont)                                         AR20080018610



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