IN THE CASE OF:	  

		BOARD DATE:	  14 July 2009

		DOCKET NUMBER:  AR20090002878 


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 award of the Combat Infantryman Badge and the Army Commendation Medal.

2.  The applicant states that the awards were left off his DD Form 214 due to an administrative oversight. 

3.  The applicant provides a copy of his DD Form 214, dated 5 March 2008; a copy of Permanent Orders 272-026, dated 6 December 2007, showing award of the Combat Infantryman Badge; and a copy of a certificate, dated 20 December 2007, showing award of the Army Commendation Medal.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Virginia Army National Guard (VAARNG) on 12 March 2005.  He subsequently entered active duty for training (ADT) on 19 June 2005, completed basic combat and advanced individual training, and was awarded military occupational specialty 11B (Infantryman).  The date of his release from ADT is unclear as his record contains two documents showing two different dates of release from active duty as follows:

	a.  DD Form 220 (Active Duty Report), dated 21 July 2005, shows he entered active duty on 19 June 2005, failed to complete basic combat training, and departed from duty station (Fort Benning, GA) to home on 19 August 2005; and;  

	b.  DD Form 214, dated 28 April 2006, shows he entered active duty on 19 June 2005, completed 2 months and 14 days of active service, and was released from ADT on 28 April 2006. 

2.  The applicant’s records show he was assigned to the 3rd Battalion, 116th Infantry, VAARNG, Harrisonburg, VA.  

3.  On 23 June 2007, the applicant was ordered to active duty as a member of his ARNG unit for a period of 400 days in support of Operation Iraqi Freedom.  He was initially ordered to report to Fort Shelby, MS, effective 26 June 2007.  However, there is no indication that the applicant deployed with his unit. 

4.  The applicant’s record contains various Standard Forms 600 (Chronological Record of Medical Care), dated on various dates in 2007 as follows:

	a.  he was seen in person accompanied by the unit chaplain, at 1424 hours on 28 July 2007 at Camp Shelby, MS, for a psychiatric evaluation; 

	b.  he was seen in person at 1649 hours on 31 July 2007 at Eisenhower Army Medical Center, Fort Gordon, GA, for a follow-up appointment related to stress and psychological problems; 

	c.  he was seen in person at 1320 hours on 9 August 2007, at Eisenhower Army Medical Center, Fort Gordon, GA, for a medical appointment.  The attending physician remarked that the applicant was at the hospital for an initial evaluation; 

	d.  he was seen in person at 1552 hours on 7 September 2007 at the Camp Shelby, MS, for a medical appointment.  The attending physician made the following entry: “the patient is a 19 year-old male, he is due to ship out in 2 hours and still has to pack.  Patient was sent back because the battalion commander had gotten wind of past problems and wanted pt (patient) reevaluated”; and

	e.  he was seen on 15 September 2007, at Camp Buehring, Kuwait, for a psychiatric evaluation. 

5.  On 9 November 2007, the U.S. Army Human Resources Command (HRC), Alexandria, VA, published Orders A-11-722254, directing the applicant’s retention on active duty and assignment to the Warrior Transition Unit, Fort Eustis, VA, effective 9 November 2009, for a period of 5 months and 27 days to participate in the Reserve Components Warriors in Transition Medical Retention program for completion of medical care and treatment. 
6.  On 8 November 2007, by memorandum, HRC-Alexandria, VA, notified the applicant’s Warrior Transition Unit commander that the applicant received a third fitness for duty evaluation at Portsmouth Naval Air Station which deemed him fit for duty and was cleared to be released from active duty to rejoin his unit as he met retention standards of Army Regulation 40-501 (Standards of Medical Fitness).

7.  On 7 January 2008, by memorandum, a clinical psychologist at the Department of Behavioral Health, Fort Eustis, VA, remarked that “due to circumstances, which remain unclear, he (the applicant) deployed by himself and, apparently without his unit’s knowledge.  Soon after his arrival in his unit in Iraq, his chain of command requested a second fitness for duty evaluation.  This evaluation, completed in theater, diagnosed him as suffering from an anti-social personality disorder, recommended his evacuation from theater and expeditious separation via chapter 5-13.  He returned stateside to Fort Eustis, Virginia and was attached to the Warrior-in-Transition Unit.”

8.  On 11 February 2008, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200 (Personnel Separations) by reason of personality disorder.  

9.  On 13 February 2008, the applicant consulted with legal counsel and was advised of his rights and the impact of the discharge action.  

10.  On 13 February 2008, the applicant’s immediate commander initiated separation action against the applicant under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  He further recommended an honorable discharge. 

11.  On 20 February 2008, by memorandum, the acting commander, Fort Eustis Warrior Transition Unit, stated that he was the commander from August to November 2007 and that the applicant arrived at his unit on or around September 2007 for a mental health evaluation at the request of his unit. 

12.  On 26 February 2008, the separation authority approved the recommendation by the applicant’s chain of command for his honorable discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  On 5 March 2008, the applicant was accordingly discharged.  The DD Form 214 he was issued shows he completed 8 months and 13 days of active service during this period and had 4 months and 15 days of prior active service.  This form further shows the following entries:

	a.  item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 3 months and 9 days of foreign service; 

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, and the Army Service Ribbon.  Item 13 does not show award of the Combat Infantryman Badge and/or the Army Commendation Medal; and 

	c.  item 18 (Remarks) of the applicant’s DD Form 214 shows he served in Iraq from 15 June 2007 to 23 September 2007.  

13.  There is no indication in the applicant’s records of the exact date he arrived in or departed from Kuwait.  Additionally, there is no indication in the applicant’s records that he served in Iraq.  However, in a phone conversation with the case analyst of record, on 6 July 2009, the applicant stated that he deployed to Iraq late on 1 August 2007 and returned on 9 November 2007.  He also stated that during this deployment, he was attached to the 2nd Battalion, 325th Infantry; however, he does not have a copy of the attachment orders.

14.  The applicant submitted two certificates as follows: 

	a.  a copy of a certificate, issued by Headquarters, 2nd Battalion, 325th Infantry, on 6 December 2007, awarding him the Combat Infantryman Badge for having been personally present and under direct hostile enemy fire on 10 September 2007.  The certificate also shows the issuing authority as Permanent Orders 272-026; and 

	b.  a copy of a certificate, dated 20 September 2007, that shows he was awarded the Army Commendation Medal for meritorious achievement in the performance of his duties while assigned to the 2nd Battalion, 325th Airborne Infantry Regiment.  This certificate does not list an orders number.

15.  The 2nd Battalion, 325th Airborne Infantry Regiment, is a subordinate unit of the 82nd Airborne Division, Fort Bragg, NC.  On 15 January 2006, the 82nd Airborne Division became part of the Army's transformation towards a modular force.  While other elements of the Division and Brigade were reorganized more dramatically, the 2nd Battalion, 325th Airborne Infantry was reorganized, but remained with the reorganized 2nd Brigade Combat Team.  In 2007, the 2nd Battalion, 325th Airborne Infantry deployed to Iraq with other elements of the reorganized 2nd Brigade Combat Team, 82nd Airborne Division as part of Operation Iraqi Freedom.  In late 2007, the Battalion returned to Fort Bragg, North Carolina.

16.  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.  

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show awards of the Combat Infantryman Badge and the Army Commendation Medal.

2.  With respect to the applicant's foreign service in Iraq, the applicant’s DD Form 214 shows he served in Iraq from 15 June 2007 to 23 September 2007.  However, he was not ordered to and did not enter active duty until 23 June 2007. Additionally, he was examined by various medical facilities within the United States on 28 July 2007 at Camp Shelby, MS; on 31 July 2007 and 9 August 2007, at Fort Gordon, GA; and on 7 September 2007 at the Camp Shelby, MS. 

3.  Although he was also examined at Camp Buehring, Kuwait, on 15 September 2007, there is no clear indication of the dates of departure to and return from Kuwait or the period of service in Iraq.  Furthermore, it is unclear how the applicant was reassigned and/or attached to the 2nd Battalion, 325th Airborne Infantry Regiment.  Therefore, notwithstanding the certificate issued by Headquarters, 2nd Battalion, 325th Infantry, on 6 December 2007, that awarded him the Combat Infantryman Badge for having been personally present and under direct hostile enemy fire on 10 September 2007, in the absence of additional documentary evidence that can conclusively establish his period of service in Iraq, there is insufficient evidence to add award of the Combat Infantryman Badge to his DD Form 214.

4.  With respect to the Army Commendation Medal, there is no evidence in the available records of award of the Army Commendation Medal other than the certificate submitted by the applicant.  Army Regulation 600-8-22 states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of the formal recommendation, approval, and orders, there is insufficient evidence to grant the applicant relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   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)                                         AR20090002878



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ABCMR Record of Proceedings (cont)                                         AR20090002878



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