IN THE CASE OF:	

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090014920 


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, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, bronze service star to be affixed to his Parachutist Badge, bronze arrowhead, and a meritorious unit citation [exact award unspecified].

2.  The applicant states that the awards were not entered on his DD Form 214.

3.  The applicant indicated on his application that he had orders for award of the Army Commendation Medal, Combat Infantryman Badge, and for a combat parachute jump.  However, no additional documents were received 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 15 January 2002, the applicant enlisted in the Regular Army.  He completed his initial training to include the basic airborne course and was awarded military occupational specialty 11B1P (Infantryman with basic parachutist qualification).

3.  On 25 June 2002, the applicant was assigned for duty as a rifleman with Company C, 1st Infantry Battalion, 508th Infantry Regiment, located in Vicenza, Italy.

4.  On 24 September 2004, the applicant was discharged from the Regular Army.  He had attained the rank of private first class/pay grade E-3 and had completed 2 years, 8 months, and 10 days of creditable active duty service.

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

6.  Section I (Assignment Information-Overseas Duty) of the applicant's Enlisted Record Brief, dated 27 August 2004, does not show his deployments.  Section VIII (Awards and Decorations) of this form lists the National Defense Service Medal and the Global War of Terrorism Service Medal.  Section IX (Assignment Information) shows his last unit of assignment as Company C, 1st Infantry Battalion, 508th Infantry Regiment.

7.  Defense Finance and Accounting System records show that the applicant received imminent danger pay (IDP) from 25 March 2003 to 26 February 2004 for service in Kuwait.

8.  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.

9.  Army Regulation 600-8-22 provides for award of the Global War on Terrorism Expeditionary Medal (GWOTEM) for Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award, a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated or must meet one of the following criteria:  (a) be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; (b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or (c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operation Enduring Freedom and/or Iraqi Freedom.

10.  Army Regulation 600-8-22 provides for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal 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 nonconsecutive days or meet one of several other criteria.

11.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  The Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.

12.  Army Regulation 600-8-22 authorizes a bronze star to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.  This regulation also authorizes a bronze arrowhead to be affixed to a service medal to denote participation in a combat parachute jump.
13.  Information on the Internet shows that on 26 March 2003, the 1st Battalion, 508th Infantry Regiment, participated in an airborne operation as a part of Operation Iraqi Freedom by jumping into Northern Iraq.  This airborne operation was described as the largest jump since World War II.  The battalion conducted combat patrols and civil affairs engagements for a period of 12 months.

14.  Records at the Awards Branch, U.S. Army Human Resources Command, Alexandria, Virginia, show the 1st Battalion, 508th Infantry Regiment, was awarded the Valorous Unit Award for the period from 26 March 2003 to 5 November 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, bronze service star to be affixed to his Parachutist Badge, bronze arrowhead, and a meritorious unit citation.

2.  The available evidence shows that the applicant was assigned to the 1st Infantry Battalion, 508th Infantry Regiment, from 25 June 2002 through 24 September 2004 when he was discharged from active duty.

3.  Records indicate that the applicant arrived in Kuwait on 25 March 2003.  On the following day his battalion made a combat jump into Iraq and conducted combat patrols and civil affairs engagements for a period of 12 months.

4.  Based on the above, it is reasonable to presume that the applicant made a combat parachute jump into Iraq and was engaged as an infantryman in combat with his infantry company.  Therefore, his records should be corrected to show award of the Combat Infantryman Badge and a bronze service star should be affixed to his Parachutist Badge.

5.  Records show the applicant received IDP from 25 March 2003 to 26 February 2004.  Based on the above, it is reasonable to presume that 1 day of this period was served in Kuwait and the remainder was served in Iraq.  Therefore, his records should be corrected to show award of the Iraq Campaign Medal with a bronze arrowhead and a bronze service star.

6.  Records show the applicant's unit was awarded the Valorous Unit Award during the time of his assignment.  Therefore, his records should be corrected to show this award.

7.  There is no available evidence showing that the applicant served a qualifying period for award of the Global War on Terrorism Expeditionary Medal.  Therefore, his request for this medal should be denied.

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 showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the Valorous Unit Award, Iraq Campaign Medal with bronze arrowhead and bronze service star, Combat Infantryman Badge, and a bronze service star to be affixed to his Parachutist Badge.

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 the Global War on Terrorism Expeditionary Medal.




      ___________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)                                         AR20090014920



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ABCMR Record of Proceedings (cont)                                         AR20090014920



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