BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100010965 


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 he served in Iraq from February 2003 to July 2003 and award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was processed out of the Army very quickly after returning from Iraq, while most of his unit was still there.  He does not have orders for the CIB but fought in combat and would have received the award if he had not been discharged so quickly.

3.  The applicant provides a DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)), letter of recommendation, three memoranda, and deployment orders.

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 records show he enlisted in the Regular Army on 13 April 2000.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).   The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  He was honorably released from active duty on 30 August 2003 by reason of completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed a total of 3 years, 4 months, and 18 days of creditable active service with no lost time.

4.  Item 12f (Foreign Service) of his DD Form 214 shows the entry, “0000  00  00.”  Item 18 (Remarks) is void of any entry indicating he served in an hostile fire pay/imminent danger pay (HFP/IDP) area during his Army service. 
  
5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Expert Infantryman Badge, and the Parachutist Badge.

6.  Defense Finance and Accounting Service (DFAS) verified that he received HFP/IDP for the period from 15 February 2003 to 17 July 2003.

7.  His records do not contain official orders awarding him the CIB.

8.  The applicant provides a copy of DA Form 2166-8, his NCOER covering the period September 2002 through August 2003.  It is an annual report covering 
12 rated months for his duties serving as “Team Leader,” in an 11B duty MOS, while assigned to Company A, 3rd Battalion, 325th (3/325th) Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC.  His rater was a staff sergeant (SSG), his senior rater was a SSG, and his reviewer was a first lieutenant.  The NCOER shows the following entries: 

    a.  In Part IVd (Leadership) he received an “Excellence” block.  His rater entered the following bullet comments:  “led his team in support of Operation Iraqi Freedom (OIF) by conducting numerous combat, reconnaissance, and presence patrols,” and “made sound and timely decisions when company was ambushed during OIF, resulting in zero injuries or casualties.”
    b.  In Part IVf (Responsibility & Accountability) his rater entered the following bullet comments:  “responsible for four soldier’s [sic] well-being during numerous combat operations without incident or injury,” and “maintained 100% accountability of personnel and equipment during combat operations.”

    c.  In Part V (Overall Performance and Potential) his senior rater entered the following bullet comment:  “outstanding NCO; combat tested and proven.”

9.  He provides a letter of recommendation, dated 13 July 2003, signed by Captain C, commander of Company A, 3/325th Infantry Regiment.  The letter in part states, “His impeccable leadership and devotion to mission accomplishment was most relevant during his deployment to Iraq as a team leader.  Due to his exceptional ability to navigate and make quick decisions, his fire team was often the lead element during platoon movements over varying terrains and through numerous Iraqi cities.”

10.  Two unsigned memoranda, dated August 2003, state he was deployed in support of OIF from 14 February 2003 through 16 July 2003.  A third memorandum, dated August 2003, states his report of survey is late due to deployment factors.

11.  He also provides deployment orders, dated 10 February 2003, announcing the 82nd Airborne Division’s temporary change of station to Kuwait in support of Operation Enduring Freedom (OEF).

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

13.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

14.  His record does not contain official orders awarding him the Good Conduct Medal.  Additionally, his record is void of any derogatory information in the form of lost time, suspension of favorable personnel action, nonjudicial punishment, or a court-martial which would have disqualified him from receiving his first award of the Good Conduct Medal.

15.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

16.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded for service in direct support of OIF. 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

17.  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 (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

18.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal (GWOTEM) 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.  The AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  It further states 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 AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of OEF and/or OIF to qualify for award of the GWOTEM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the CIB and his record should be corrected to show his foreign service was carefully considered.  There is sufficient evidence to grant relief.

2.  His record contains an NCOER which clearly states he conducted numerous combat patrols while deployed to Iraq and made sound and timely decisions when the company was ambushed, resulting in zero casualties.  His senior rater stated he was an outstanding NCO who was combat tested and proven.  He was an 11B, assigned to an infantry unit, and served in active ground combat.  Therefore, he is entitled to award of the CIB and correction of his DD Form 214 to show this award.

3.  DFAS verified he received HFP/IDP from 15 February 2003 to 17 July 2003.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Kuwait/Iraq.  This period of service qualifies him also qualifies him for award of the Iraq Campaign Medal.  He also participated in two campaigns (Liberation of Iraq and Transition of Iraq) during his service in Iraq.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.  

4.  The official beginning date of OIF is 19 March 2003.  Since he received HFP/IDP from 15 February 2003 to 17 July 2003, it is reasonable to presume he served in Kuwait from 15 February 2003 to on or about 19 March 2003 and in Iraq from on or about 19 March 2003 to 17 July 2003.  His service in Kuwait qualifies him for award of the GWOTEM and correction of his records to show it. 

5.  Records show he served honorably from 13 April 2000 through 30 August 2003.  He served in Iraq, attained the rank/grade of SGT/E-5, and his record is void of any disciplinary actions or derogatory information.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

6.  The evidence of records shows he served in a qualifying period of service for award of the GWOTSM.  Therefore, he is entitled to award of the GWOTSM and correction of his DD Form 214 to show this 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:

* awarding him the CIB
* awarding him the Good Conduct Medal (1st Award) for the period 13 April 2000 through 12 April 2003
* deleting from item 12f of his DD Form 214, “0000  00  00”
* adding to item 12f of his DD Form 214 the entry “0000  05  03”
* adding to item 13 of his DD Form 214 the CIB, Army Good Conduct Medal (1st Award), Iraq Campaign Medal with two bronze service stars, GWOTEM, and GWOTSM 
* adding to item 18 of his DD Form 214 the entry “Service in Kuwait/Iraq from 20030215 to 20030717”




      _______ _  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)                                         AR20100010965



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ABCMR Record of Proceedings (cont)                                         AR20100010965



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