IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090015738
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 (CIB).
2. The applicant states that he has a CIB on record, but it is not listed on his discharge documents. He adds that he was deployed in Iraq from 2004 to 2005 and assigned to A Company, 1/9th Infantry, 2nd Brigade, 2nd Infantry Division.
3. The applicant provides a copy of his DA Form 638 (Recommendation for Award).
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that he enlisted in the Regular Army on 8 October 2003. After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman). He served in Iraq from 8 August 2004 to 30 July 2005. He was honorably discharged on 24 July 2007.
2. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following: Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, and the Army Service Ribbon.
3. The applicant's Enlisted Record Brief shows that during his deployment in Iraq, he was assigned to A Company, 1/9th Infantry as an "Automatic Rifleman" and in MOS 11B.
4. The applicant provided a copy of his DA Form 638 that shows he was awarded the Army Commendation Medal (ARCOM), by Permanent Order
213-265, dated 23 July 2005, while assigned to A Company, 1/9th Infantry. The justification for this award stated the applicant's attention to detail prevented the emplacement and detonation of countless improvised explosive devices that could have been used for attacks against coalition forces. As an M249 saw gunner, the applicant was instrumental in the detaining of over 70 known and suspected insurgents. Additionally, the applicant was cited for performing numerous search missions and tactical raids that were instrumental in securing and clearing tough urban terrain.
5. Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
6. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) 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. All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
7. Army Regulation 600-8-22 shows that the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the OSR. Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station or temporary duty status receive credit for a completed short tour.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant held an infantry MOS and he was assigned to an infantry unit performing infantry duties. His DA Form 638 justification for award of the ARCOM verifies that the applicant was serving with his infantry unit when the unit engaged in active ground combat. Therefore, in the interest of equity, it would be appropriate to award him the CIB at this time.
2. Additionally, Orders 213-265 show the applicant was awarded the ARCOM; therefore, his DD Form 214 should be corrected to show the ARCOM.
3. The available evidence also shows the applicant is entitled to the GWOTSM and the OSR. Therefore, his DD Form 214 should be corrected to show these awards.
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:
a. awarding him the CIB for service in Iraq from 8 August 2004 to 30 July 2005; and
b. adding to item 13 of his DD Form 214 the ARCOM, CIB, GWOTSM and the OSR.
_______ _ _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) AR20090015738
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