IN THE CASE OF:	  

		BOARD DATE:	       5 May 2009

		DOCKET NUMBER:  AR20080019713 


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 Infantryman Badge (CIB) and any other awards he is entitled to that are not annotated on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he only received a DD Form 214WS (DD Form 214 Worksheet) and it does not show all of his awards to include the CIB.
  
3.  The applicant provides a copy of his DD Form 214WS, a copy of a DA Form 638 (Recommendation for Award), a copy of his certificate for an Army Commendation Medal (ARCOM), and a copy of his Service Member Deployment History Outprocessing Verification in support of his application.

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 applicant's record shows that he enlisted in the Regular Army on 8 August 2001.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest grade he held was specialist/E-4.

3.  The applicant submitted a copy of a DA Form 638, dated 7July 2004, which shows he was recommended for and approved for award of an Army Commendation Medal with 1st Oak Leaf Cluster.

4.  The applicant submitted a copy of a certificate awarding him the ARCOM for meritorious service while assigned to the 2nd Battalion, 325th Airborne Infantry Regiment.

5.  The applicant submitted a copy of his Service Member Deployment History Outprocessing Verification which shows he was deployed for a total of 325 days in the United States.

6.  On 7 October 2004, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 3 years of active military service.

7.  The applicant submitted a copy of his DD Form 214WS which shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) "None."

8.  The applicant's records include a copy his DD Form 214, dated 7 October 2004, which is authenticated by his signature and shows in item 13 that he received the following awards:  the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The regulation stipulates that combat service and campaign participation alone do not qualify a member for the CIB.

10.  Army Regulation 600-8-22 provides that the Army Commendation Medal 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 or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  One of the qualifying periods for first award of the AGCM is continuous enlisted active Federal military service, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show award of the CIB and other awards not listed on his DD Form 214 was carefully considered and found to have partial merit.

2.  There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the CIB.  Evidence of record shows that he served in an infantry MOS in an infantry unit.  However, the applicant's records do not show and he did not provide any evidence to show that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Therefore, he is not entitled to award of the CIB.

3.  The evidence of record corroborates that the applicant was awarded the ARCOM 1st Oak Leaf Cluster for meritorious service while assigned to the 2nd Battalion, 325th Airborne Infantry Regiment.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence shows that the applicant was eligible for award of the AGCM for the period 8 October 2001 through 7 October 2004.  His record contains no derogatory information that would preclude him from award of the AGCM.  Therefore, he should be awarded the AGCM.

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.  awarding him the first award of the AGCM for the period of 8 October 2001 through 7 October 2004; and

	b.  amending the DD Form 214 for the period ending on 7 October 2004 to add the ARCOM (2d award) and the AGCM.

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 award of the CIB.



      ____________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)                                         AR20080019713



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ABCMR Record of Proceedings (cont)                                         AR20080019713



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