IN THE CASE OF:	  

		BOARD DATE:	       24 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090008237 


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, his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show all medals, awards, and citations he is entitled or authorized. 

2.  The applicant states, in effect, that he served in support of Operation Iraqi Freedom and Operation Enduring Freedom in MOS 11B (Infantryman) but his record does not show that he was awarded the Combat Infantryman Badge (CIB).  He also states that he was a recruiter with the New York City Recruiting Battalion but there is no recruiter badge with the appropriate stars on his DD Form 214.  He continues to state that he is missing his Army Commendation Medals (ARCOM) and a sleuth (corrected to read slew) of other awards.  He concludes by stating, in effect, that his official record should be reviewed to show all awards and accommodations he is authorized. 

3.  The applicant provides a copy of his DD Form 214 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.  On 26 February 2001, the applicant enlisted in the Regular Army.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  Permanent Orders Number 037-089, Bravo Company, 101st Support Battalion, 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 
6 February 2004, shows that the applicant was awarded the Good Conduct Medal. 
4.  On 4 April 2004, the applicant was discharged under honorable conditions (general) from active duty after completing a total of 4 years, 10 months, and    25 days years of active military service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he that earned the following awards during his active duty tenure:  National Defense Service Medal, Global War on Terrorism Service Medal, and Air Assault Badge. 

5.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows that he completed 00 years, 00 months, and 00 days of foreign service.

6.  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.  It further stipulates that combat service alone is not a sufficient basis to support award of the CIB.  The awards regulation identifies no Door Gunner (Rifle) and Helicopter Gunner Badges as authorized Army Badges.

7.  Army Regulation 60-8-22 (Military Awards), in effect at the time, in pertinent part provided from award of the Army Commendation Medal to any member of the Army after 6 December 1941, who distinguished himself/herself by heroism, meritorious achievement, or meritorious service.  Award of the Army Commendation Medal may be made for acts of valor which were of lesser degree than required for award of the Bronze Star Medal.  These are may involved aerial flights.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

8.  Army Regulation 600-8-22 prescribes the Army’s awards policy, and 
chapter 8 contains the policy for awarding badges and tabs.  Paragraph 8-43 contains the policy and procedure for awarding and revoking the US Army Basic Recruiter Badge.  It states that the Commandant of the Recruiting and Retention School will authorize the permanent wear of the badge to eligible personnel by memorandum.  It further states that one, two, or three gold achievement stars may be awarded to personnel meeting the criteria for award of the achievement star.  It continues to state that one, two, or three sapphire achievement may be awarded to personnel meeting the criteria for award of each achievement star. 

DISCUSSION AND CONCLUSION.  

1.  Permanent Orders show that the applicant was awarded the Good Conduct Medal for the period of service from 20 February 2001 through 19 February 2004.  Therefore, he is entitled to have his record corrected to show this award.

2.  There is no evidence of record that shows that the applicant participated in Operation Enduring Freedom or Operation Iraqi Freedom during his period of active duty service.  There is no evidence that the applicant was assigned to a qualifying infantry unit of brigade, regimental or smaller size, or that he was present, and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Therefore, he is not entitled to award of the CIB.

3.  There is no evidence of record nor did the applicant submit any evidence that shows he was awarded the Basic Recruiter Badge, the gold achievement stars, or the sapphire achievement stars that are authorized for wear with the Basic Recruiter Badge.  Therefore, he is not entitled to correction of his record to show award of the Basic Recruiter Badge, the gold achievement stars, or the sapphire achievement stars.

4. There is no evidence of record nor did the applicant submit any evidence that shows he was awarded the ARCOM.  Therefore, he is not entitled to have his record corrected to show that he is entitled to this award.

5.  A review of the applicant's records show that he is not entitled to or authorized correction of his record to show any other awards or decorations.



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 first award of the Good Conduct Medal for the period 20 February 2001 to 19 February 2004.

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, the Recruiter Badge with gold achievement stars and/or sapphire achievement stars, the ARCOM, or any other awards or decorations.  



      _______ _   __XXX_____   ___
               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)                                         AR20090008237





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ABCMR Record of Proceedings (cont)                                         AR20090008237



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