IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100016973 


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 Enlisted Record Brief (ERB) and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his combat time and award of the Army Commendation Medal and the Combat Infantryman Badge.

2.  The applicant states he has been trying since 2006 to get his records updated to show he served honorably in combat.  He contends that:

	a.  he entered the Regular Army on 9 October 2003;

	b.  he arrived in Germany on 2 January 2004;

	c.  he was in Iraq from 14 February to 2 July 2004, assigned to Company B, 1st Battalion, 6th Infantry Regiment;

	d.  he was assigned in late August or early September 2004 to Headquarters and Headquarters Company, 2nd Brigade, located in Baumholder, Germany;

	e.  he was put into prison on 12 April 2005, and court-martialed during the last week of February 2006; and

	f.  he was separated on 30 April 2010.


3.  The applicant provides copies of his DD Form 214, an undated letter from his platoon leader and platoon sergeant written to his parents, a certificate for award of the Army Commendation Medal, and a certificate for award of the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214, as filed in his Official Military Personnel File (OMPF), shows:

	a.  he enlisted in the Regular Army on 9 October 2003 and he was awarded military occupational specialty 11B (Infantryman);

	b.  he was dishonorably discharged on 30 April 2010 as a result of court-martial;

	c.  in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.

2.  There is no entry in item 18 (Remarks) of his DD Form 214 that shows his dates of deployment to Iraq.

3.  The applicant's OMPF contains a certificate for award of the Army Commendation Medal that shows:

	a.  he was assigned to Company B, 1st Battalion, 6th Infantry Regiment;

	b.  he received the Army Commendation Medal for meritorious service as a rifleman in support of Operation Iraqi Freedom from 25 February to 15 July 2004; and

	c.  the Commander, Headquarters, 2nd Brigade, 1st Armored Division authorized this award by Permanent Order 174-44.

3.  The Certificate of Achievement, provided by the applicant, indicates he was awarded the Combat Infantryman Badge for exceptionally courageous service in the face of a hostile enemy in Baghdad, Iraq.  However, it does not indicate the specific date(s) of this achievement or identify any authorizing orders.


4.  The letter, provided by the applicant, signed by his former platoon leader and platoon sergeant, states, in essence, that the applicant served his country well and with honor in Iraq.  The letter further states he had worked many long hours, had endured tough and demanding living conditions, and went on patrols and raids on suspected terrorists.  The letter also states the applicant had stepped up to be a team leader and he was even at times the squad leader.

5.  Army Regulation 600-8-22 (Military Awards) states recommendations for awards of badges will be submitted through command channels to the commander authorized to make the award.  Awards of the Combat Infantryman Badge will be announced in permanent orders by commanders authorized to make the award or in permanent orders of Headquarters, Department of the Army.

6.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that for active duty Soldiers deployed to a foreign country with his or her unit during their continuous period of active service, item 18 will contain the following entry:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) has not yet been updated to include the ERB.  The ERB is an automated data form created during a Soldier's in-processing.  It contains personal information, qualification skills, training, and assignment history.  The ERB is a management tool used in making decisions regarding utilization of Soldiers.  Once the Soldier has been separated, the ERB ceases to be useful and is no longer maintained.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his ERB and DD Form 214 should be corrected to show his combat time and award of the Army Commendation Medal and the Combat Infantryman Badge.

2.  The applicant's ERB is not in his OMPF.  However, even if it were available for review, the ERB is not normally changed or updated once the Soldier leaves the military service.  Therefore, there is no basis for granting this portion of the applicant's request.



3.  The evidence of record clearly shows that the applicant was awarded the Army Commendation Medal for his service in Iraq from 25 February to 15 July 2004.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Furthermore, based on his meritorious service, as shown in his award certificate, item 18 of his DD Form 214 should be corrected to reflect his deployment to Iraq.

5.  The certificate of achievement provided by the applicant for award of the Combat Infantryman Badge is insufficient by itself as a basis to correct his DD Form 214 to show the Combat Infantryman Badge.  The governing regulation requires a commander's recommendation and issuance of orders for award of this permanent badge.  Therefore, the applicant's request to show this badge on his DD Form 214 should be denied.  However, should he have, or be able to obtain, copies of the orders awarding him this badge, he may submit a request for reconsideration.

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:

	a.  adding in Item 13 of his DD Form 214 the Army Commendation Medal and

	b.  adding in item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20040225 - 20040715."

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 correcting his ERB or showing award of the Combat Infantryman Badge on 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)                                         AR20100016973



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016973



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1