IN THE CASE OF:	

		BOARD DATE:	28 APRIL 2009  

		DOCKET NUMBER:  AR20080019202 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) with "V" Device and the Combat Infantryman Badge (CIB).
	
2.  The applicant states that all his battalion paperwork was lost upon return from Iraq in October 2007.

3.  The applicant provides a copy of an ARCOM with Valor certificate, his DD Form 214, and his Enlisted Record Brief in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army on 17 September 2003.  He completed basic and advanced individual training and was awarded the military occupational specialty of infantryman.  The highest rank he attained while serving on active duty was sergeant/pay grade E-5.

2.  The applicant's official military personnel file does not contain any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

3.  The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain an ARCOM with Valor certificate which shows the ARCOM with Valor was awarded to the applicant by Permanent Orders 127-09, dated 6 May 2008.  The citation states in pertinent part that the recipient demonstrated uncommon valor and leadership in the face of overwhelming friendly casualties sustained during a complex attack, allowed for the safe evacuation of four casualties, and the safe return of the remainder of his platoon.

4.  The applicant's records maintained in the iPERMS contain DA Forms 2166-8 (NCO Evaluation Report) containing bullet comments indicating he served with excellence in Iraq during three consecutive rating periods.  The applicant's NCO Evaluation Report for the rating period 1 February 2007 through 31 August 2007 shows that he was assigned to an infantry regiment serving as an infantry team leader and engaged with the enemy on numerous occasions during the rating period.

5.  In the processing of this case the Board's staff contacted the Defense Finance and Accounting Service (DFAS).  By email, DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Kuwait from 1 August 2006 to 30 September 2007.

6.  The applicant's DD Form 214 shows that on 4 February 2008 he was released from active duty with an honorable characterization of service after completing 4 years, 4 months, and 18 days of active military service.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  They must have satisfactorily performed infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

9.  Military Awards Branch Message, dated 8 April 2005, provided the following implementing instructions for award of the Iraq Campaign Medal (ICM).  Award of the ICM is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c) participates as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations (each day of operations counts as 1 day of eligibility).  This campaign medal may be awarded posthumously.

10.  Department of Defense Message Number 328-08, dated 21 April 2008, authorized the wear of campaign stars on the ICM.  Records indicate that during the applicant's tour in Iraq he participated in the National Resolution campaign (16 December 2005 to a date to be determined).  Service stars recognize a service member's participation in Department of Defense designated campaigns in Afghanistan and Iraq.  Service members who have qualified for the ICM may display a bronze service star on their medal for each designated campaign phase in which they participated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain a certificate which indicates the ARCOM with Valor was awarded to the applicant by permanent orders.  Therefore, he is entitled to have his records corrected to show award of the ARCOM with "V" Device.

2.  The preponderance of available evidence indicates the applicant was assigned to an infantry regiment and satisfactorily performed duties as an infantryman during such time as the unit was engaged in active ground combat and that he actively participated in such ground combat.  Therefore, he is entitled to have his records corrected to show award of the CIB.

3.  The DFAS records show the applicant received imminent danger pay for service in Kuwait/Iraq during the period 1 August 2006 to 30 September 2007.
Additionally, records show the applicant participated in one campaign while serving in Iraq.  Therefore he is entitled to have his records corrected to show award of the ICM with one bronze service star.


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:

	a.  awarding him the CIB and the ICM with one bronze service star; and

	b.  adding the CIB, ARCOM with "V" Device, and ICM with one bronze service star to his DD Form 214.



      ___________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)                                         AR20080019202



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ABCMR Record of Proceedings (cont)                                         AR20080019202



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