BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090015044 


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, that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show he served in Iraq and was awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served in Iraq from 20 March to 5 July 2003 as an infantryman during combat operations during the initial invasion of Iraq.  For some reason this information was not added to his DD Form 214 or records.

3.  In support of his application, the applicant provides copies of a DD Form 1351-2 (Travel Voucher or Subvoucher), his DD Form 214, and two photographs alleged to be of himself.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel requests, in effect, that the applicant's request be processed and the necessary corrections to his DD Form 214 be made.  Counsel provides no additional documentation in support of his applicant's application and submitted documents.

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 military records show he enlisted in the Delayed Entry Program on 22 October 2001.  He enlisted in the Regular Army in pay grade E-2 on 9 November 2001.  He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He served in Iraq with the 1st Battalion, 15th Infantry.

3.  There are no orders in the applicant's service personnel records that show he participated in ground combat during his period of service in Iraq and was awarded the Combat Infantryman Badge.

4.  The applicant submitted a copy of a DD Form 1351-2, dated 16 July 2003, that shows he departed Fort Benning, Georgia, on 9 January 2003, arrived in Kuwait on 10 January 2003, and arrived in Iraq on 20 March 2003.  The DD Form 1351-1 also shows he departed Iraq on 5 July 2003 and Kuwait on 11 July 2003.  He also submitted two pictures counsel alleges to be of the applicant during his service in Iraq.

5.  The applicant was discharged from active duty in pay grade E-3 on 1 October 2006 for misconduct with a general discharge.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Combat Infantryman Badge.  Item 18 of his DD Form 214 does not show he served in Iraq.

7.  A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, verified that the applicant served in Kuwait/Iraq and received hostile fire pay from 11 January 2003 to 13 July 2003.

8.  Army Regulation 635-5 (Separation Documents) specifies that a DD Form 214 would be prepared for individuals who were retired, discharged, or released from released from active duty.  Item 18 will list the country and dates of deployment.

9.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part, 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 a 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.

10.  Army Regulation 600-8-22 also states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  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 Operation Iraqi Freedom.

11.  Army Regulation 600-8-22 also states that the Global War on Terrorism Service Medal, established by Executive Order 13289, is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

12.  Army Regulation 600-8-22 further states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. 
Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility.

DISCUSSION AND CONCLUSIONS:

1.  DFAS verified the applicant was deployed to Kuwait/Iraq from 11 January 2003 to 13 July 2003.  Therefore, it is concluded that item 18 of his DD Form 214 should be corrected to show the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030111-20030713."

2.  The evidence of record also confirms the applicant met the criteria for award of the Iraq Campaign Medal with one bronze service star, the Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal. 
He is therefore entitled to have these awards added to his DD Form 214 at this time.

3.  The evidence of record fails to show the applicant was awarded the Combat Infantryman Badge.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

4.  The evidence shows the applicant served in an infantry MOS in an infantry unit in Iraq; however, the evidence of record does not confirm and he has not sufficiently shown that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.  His records also do not show he received any awards for valor or achievement that would indicate he was exposed to ground combat against the enemy.

5.  The documentation submitted in support of the application was reviewed; however, the documents provided neither probative evidence nor a convincing argument in support of awarding him the Combat Infantryman Badge.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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:

	a.  by amending Item 18 of the applicant's DD Form 214 to show the entry, "SERVICE IN KUWAIT/IRAQ FROM 20030111-20030713" and

	b.  by adding the Iraq Campaign Medal, the Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal to his DD Form 214 and by providing him a corrected DD Form 214 that includes this correction and awards.

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 Combat Infantryman Badge and its addition to 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)                                         AR20090015044



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ABCMR Record of Proceedings (cont)                                         AR20090015044



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