IN THE CASE OF:	  

		BOARD DATE:	    19 July 2011

		DOCKET NUMBER:  AR20110000028 


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 award of the Combat Infantryman Badge (CIB), Valorous Unit Award (VUA), and Korea Defense Service Medal (KDSM).  He also requests that the Meritorious Service Medal (MSM) and the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he was recommended for award of the CIB, but he never received it.  He discovered that he was eligible for the VUA.  He trained in Korea while a Reserve Officers' Training Corps (ROTC) cadet and believes he is eligible for the KDSM.  He does not consider the omission of the MSM and AAM from his DD Form 214 to be an error; he would like them added to the DD Form 214 if that is proper.

3.  The applicant provides copies of various documents pertaining to these awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant completed ROTC and served in the Regular Army as an infantry officer commencing on 6 June 2003.

2.  His DA Form 4037 (Officer Record Brief) shows he served in Iraq with Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry from 
1 January 2005 to 1 June 2006.

3.  On 15 November 2007, he was released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his service obligation.  His DD Form 214 shows the Army Commendation Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, and the Parachutist Badge.  Item 18 (Remarks) indicates he served in Iraq from 1 January 2005 to 1 January 2006. 

4.  The applicant was affiliated with the Indiana Army National Guard on 
22 December 2007.

5.  Army Regulation 600-8-22 (Military Awards) provides that:

   a.  As amended by Military Personnel Message 08-190, the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.  

   b.  The VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include the National Resolution from 16 December 2005 to 9 January 2007.

	d.  Army Regulation 600-8-22 states no service member will be entitled to both Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement, or period of service.

	e.  The KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  Service members must have been assigned, attached, or mobilized to units operating in the area for 30 consecutive or for 60 nonconsecutive days, been engaged in combat, wounded or injured in the line of duty and medically evacuated from the area.  Personnel on operations and exercises into the area are eligible as long as they meet the 30/60 day criteria.

6.  The applicant submitted the following documents: 

   a.  A DA Form 638 (Recommendation for Award) that states during the period 26 January 2005 through 25 January 2006 the applicant "…distinguished himself…in providing support and security to the Cottonbaler Battalion, Iraqi Security Forces, Coalition Forces…"   The proposed citation was "For courageous service…reflect great credit upon himself and the Cottonbaler Battalion 4th Brigade, Combat Team…"  The certificate for the Army Commendation Medal for approximately the same period states the Army Commendation Medal was awarded to First Lieutenant (1LT) (the applicant's name), Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry Regiment, "For courageous service in support of Operation Iraqi Freedom 04-06.  ILT (applicant's) devotion to duty, selfless service and personal courage are in keeping with…"
   
   b.  A Human Resources Command (HRC) unit awards printout showing the 3rd Battalion, 7th Infantry Regiment was authorized award of the VUA for the period 15 January 2005 through 14 January 2006.

   c.  A certificate of training for the period 22 through 26 July 2002 at Camp Humphreys, Korea; one page from U.S. Army Korea Regulation 350-1 (Training), dated 12 April 2006, that shows the standard training cycle was 30 days for ROTC cadets; and an HRC, Awards Branch question and answer printout stating that cadets were eligible for the KDSM if they meet the basic criteria.

   d.  A DA Form 638 and certificate for the MSM, dated 1 April 2010 for the period 16 November 2007 through 12 April 2010. 
   
   e.  A DA Form 638 and certificate for the AAM, dated 1 December 2009. 
   


DISCUSSION AND CONCLUSIONS:

1.  The applicant served with the 3rd Battalion, 7th Infantry Regiment from January 2005 through January 2006.  The unit was awarded the VUA for an almost identical period; he is authorized award of the VUA.  He is also authorized the Iraq Campaign Medal with two bronze service stars for this period of service and his DD Form 214 should be corrected to show these awards.

2.  There is no available evidence that the applicant actually served as an infantryman in combat.  There is no substantiating evidence that he was recommended for or awarded the CIB. 

3.  Although the governing regulation states that the normal training cycle for cadets was 30 days, the available evidence shows the applicant only served 
5 days out of the required 30 day period.  While the applicant's training experience in Korea as an ROTC cadet would count towards qualification for award of the KDSM, there is insufficient evidence to conclude that he qualifies for the award.

4.  The AAM and the MSM that the applicant received in 2009 and 2010 after he was released from active duty are not authorized to be added to his 2007 
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 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 adding the Iraq Campaign Medal with two bronze service stars and VUA to his 2007 DD Form 214.



2.  The Board further determined that the evidence presented was 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 awarding him the CIB and adding the KDSM, MSM, and AAM to his 2007 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)                                         AR20110000028



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ABCMR Record of Proceedings (cont)                                         AR20110000028



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