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ARMY | BCMR | CY2010 | 20100028203
Original file (20100028203.txt) Auto-classification: Approved

		IN THE CASE OF:	 

		BOARD DATE:	31 May 2011

		DOCKET NUMBER:  AR201000268203 


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 all medals and ribbons, especially the Combat Infantryman Badge (CIB), and his foreign service time.

2.  The applicant states that he was told at the time of his discharge that there were errors on his DD Form 214, but he would have to request the corrections.

3.  The applicant provides a copy of his DD Form 214 WS (DD Form 214 Worksheet).

 CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 October 2005.  He completed training and he was awarded military occupational specialty
19D (Cavalry Scout).

2.  His Enlisted Record Brief (ERB) shows in:

	a.  Section 1 (Assignment Information - Overseas and Deployment Combat Duty), no entry

	b.  Section VIII (Awards and Decorations) the:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

3.  On 24 November 2009, he was honorably discharged in the rank/grade of specialist (SPC)/E-4.  He completed 4 years, 1 month, and 1 day of creditable active service.  The DD Form 214 he was issued at the time shows in:

* Item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service during his period of service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with Campaign Star [bronze service star]
* Army Service Ribbon
* Overseas Service Ribbon

* Item 18 (Remarks) the entry "Service in Iraq 20070117 - 20080404"

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  It states that there are basically three requirements for award of the CIB.  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.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the CIB which is not shown on his DD Form 214; however, records show he held MOS 19D, not an infantry MOS, which did not then and does not now qualify him for the CIB.  There is no evidence he was awarded the CIB and he did not provide any evidence to show he was awarded the CIB by official orders.  Therefore, he is not entitled to correction of his DD Form 214 to show the CIB.

2.  Item 18 of his DD Form 214 shows he was deployed in support of operations in Iraq from 17 January 2007 through 2 April 2008.  Therefore, this period of foreign service should be appropriately shown in item 12f of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "01  02  19."

2.  The Board further determined 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 adding the Combat Infantryman Badge 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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20100028203



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