IN THE CASE OF:	  

		BOARD DATE: 	        28 May 2009

		DOCKET NUMBER:  AR20090000522 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman, the Army Achievement Medal, and the Army Commendation Medal.

2.  The applicant states that he received the Combat Infantryman Badge for his deployment to Iraq during the period 5 August 2003 to 10 April 2004 and that his DD Form 214 does not reflect the Army Achievement Medal.

3.  The applicant provides two applications, an Enlisted Record Brief, a Soldier Deployment History Outprocessing Report, an award certificate and orders for the Army Achievement Medal, an award certificate and orders for the Army Commendation Medal, and a copy of his DD Form 214 in support of his applications.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 February 2003 and was awarded military occupational specialty (MOS) 11B (infantryman).  He served in MOS 11B assigned to Company A, 3rd Battalion, 505th Parachute Infantry Regiment in Iraq during the period from 5 August 2003 to 10 April 2004.  On 
10 January 2006, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.   

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Army Service Ribbon, and the Global War on Terrorism Service Medal as authorized awards.

3.  There are no orders for the Combat Infantryman Badge in the available records.  However, Section VIII (Awards and Decorations) on the applicant's Enlisted Record Brief shows entitlement to the Combat Infantryman Badge.  In addition, the DA Form 638 (Recommendation for Award), dated 4 December 2005, for award of the Army Achievement Medal states, in pertinent part, that he participated in both Operation Enduring Freedom and Operation Iraqi Freedom, that he led combat operations as a team leader in Lutifiyah and Mahudiyah, and that he "earned the Combat Infantryman's Badge." 

4.  Headquarters, 3rd Brigade, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders Number 100-198, dated 12 April 2004, awarded the applicant the Army Commendation Medal for outstanding service while conducting combat operations in support of Operation Iraqi Freedom during the period from 4 August 2003 to 20 March 2004.  The DA Form 638 for this award states, in pertinent part, that the applicant served exceptionally as an automatic rifleman in support of Operation Iraqi Freedom.

5.  Headquarters, 1st Squadron, 73rd Cavalry, Fort Bragg, Permanent Orders Number 003-01, dated 3 January 2006, awarded the applicant the Army Achievement Medal for outstanding service as a Team Leader and for having serving with distinction as an Airborne Paratrooper during the period from 10 July 2003 to 12 February 2006.   

6.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

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 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 
12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq 19 March    2003 – 1 May 2003; Transition of Iraq 2 May 2003 – 28 June 2004; Iraqi Governance 29 June 2004 – 15 December 2005; and National Resolution         16 December 2005 – Date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served as a rifleman in an infantry company in Iraq.  The DA Form 638 shows he served in combat operations in Iraq.  Therefore, the entries on his Enlisted Record Brief and the DA Form 638 which show he earned the Combat Infantryman Badge are accepted as sufficient evidence on which to amend his DD Form 214 to show this badge.

2.  Orders show the applicant received the Army Commendation Medal and the Army Achievement Medal.  Therefore, his records should be corrected to show these awards.

3.  Based on his service in Iraq, the applicant is eligible for award of the Iraq Campaign Medal with one bronze service star.  Therefore, his records should be corrected 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 the Combat Infantryman Badge, Army Achievement Medal, Army 
Commendation Medal, and the Iraq Campaign Medal with one bronze service star on 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)                                         AR20090000522



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000522



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1