IN THE CASE OF:	

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090017327 


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 the award of the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 24 July 2006.

2.  The applicant states his unit was mass out-processed when he received the certificate showing his award of the Combat Infantryman Badge.  He states the award was not entered on his DD Form 214.

3.  The applicant provides copies of his certificate for the award of the Combat Infantryman Badge with a permanent order number and his DD Form 214.

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 personnel records show he enlisted in the Regular Army on 25 July 2000 for a period of 6 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  On 14 March 2001, the applicant was assigned to Headquarters and Headquarters Company, 3rd Battalion, 69th Armor Regiment.

4.  1st Brigade Combat Team Permanent Orders 120-04, dated 30 April 2003, awarded the applicant the Combat Infantryman Badge.

5.  On 24 July 2006, the applicant was released from active duty.  He had completed 6 years of active service that was characterized as honorable.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Combat Infantryman Badge or the Overseas Service Ribbon.  Item 13 does show he is authorized the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal.

7.  Item 18 (Remarks) of the applicant's DD Form 214 shows the following deployments

* Kosovo - 20 May 2001 to 20 November 2001
* Kuwait/Iraq - 25 January 2003 to 29 July 2003
* Kuwait/Iraq - 4 January 2005 to 30 December 2005

8.  Military Personnel Message Number 08-123, issued 30 April 2008, provided designated Iraq campaign phases and the inclusive dates.  This message also authorizes one bronze service star to be worn on the suspension and campaign ribbon of the Iraq Campaign Medal for 1 or more days of participation in each designated campaign phase.  Based on the applicant's period of service in Iraq, he may have participated in the Iraqi Governance (29 June 2004 through 15 December 2005) and the National Resolution (16 December 2005 through 9 January 2007) campaigns.  Bronze service stars are not authorized for wear on the Global War on Terrorism Expeditionary Medal.

9.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.

10.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan get credit for a completed short tour (rules 6 and 8 of Table 3-2, Army Regulation 614-30 (Overseas Service), apply).

11.  Army Regulation 600-8-22 authorizes award of a bronze service star to denote participation in a named campaign.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Iraq Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Combat Infantryman Badge should be entered on his DD Form 214.

2.  Orders show the applicant was awarded the Combat Infantryman Badge.  Therefore, it is appropriate to include this award in item 13 of his DD Form 214.

3.  The applicant's second deployment to Iraq from 4 January 2005 to 30 December 2005 was for a continuous period of at least 9 months.  Therefore, he is entitled to the Overseas Service Ribbon.

4.  Based on the applicant's two deployments to Kuwait/Iraq, it appears he was authorized the Global War on Terrorism Expeditionary Medal for his first deployment and the Iraq Campaign Medal for his second deployment.  Because the exact dates he was actually in Iraq are not available, it is unknown how many campaigns he participated in.  However, he must have participated in at least one campaign to earn the Iraq Campaign Medal.  Therefore, he is authorized one bronze service star on his Iraq Campaign Medal.

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 amending item 13 of his DD Form 214 with a separation date of 24 July 2006 to show he was awarded or is authorized the

* Combat Infantryman Badge
* Overseas Service Ribbon
* Iraq Campaign Medal with one bronze service star



      ____________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)                                         AR20090017327



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ABCMR Record of Proceedings (cont)                                         AR20090017327



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