IN THE CASE OF:	  

		BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110008272 


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:

* Awards of the Combat Infantryman Badge, Expert Infantryman Badge, two awards of the Army Commendation Medal, and Australian Jump Wings
* 12 months of foreign service in Iraq
* 12 jumps

2.  The applicant states he received his Combat Infantryman Badge during his first deployment to Mosul, Iraq while being mortared in the FOB (Forward Operating Base) but he has no documentation.  During his first two deployments, he served as an ECP (Entry Control Point) guard, prisoner guard, and TOC (Tactical Operations Center) runner.  He was able to go on combat missions during his last deployment.  He also states that while on a training mission at Fort Campbell, KY, he received his Australian jump wings with the rest of the battalion for completing a jump with the Australian special forces.  He tried to update his Enlisted Record Brief but there was insufficient time during outprocessing to do so. 

3.  The applicant provides:

* Two statements of service
* Certificate of Authenticity
* Two certificates of achievement
* Certificate showing award of the Army Achievement Medal
* Certificate and DA Form 638 (Recommendation for Award) showing award of the Army Commendation Medal
* Orders and certificate awarding him the Expert Infantryman Badge

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 14 September 2004 and held military occupational specialty 11C (Indirect Fire Infantryman).  He attained the rank/grade of specialist/E-4 and he was assigned to the 1st Battalion, 75th Ranger Battalion, Hunter Army Airfield, GA.

2.  Permanent Orders 240-160, issued by Headquarters, 1st Battalion, 75th Ranger Battalion, Hunter Army Airfield, GA, on 28 August 2007, awarded him the Expert Infantryman Badge.

3.  He was discharged on 30 October 2007 under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations) with a general discharge.  He completed 3 years, 1 month, and 17 days of active service.  His DD Form 214 shows in:

* Item 12f (Foreign Service) "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge
* Item 18 (Remarks) does not show service in a hazardous fire/imminent danger pay (HF/IDP) area 

4.  An email, dated 23 September 2011, from the Defense Finance and Accounting Service, Indianapolis, IN, shows the applicant received HF/IDP and combat zone tax exclusion for service in Iraq as follows:

* 9 October 2005 to 1 January 2006
* 9 July 2006 to 5 October 2006
* 6 April 2007 to 4 July 2007

5.  He provides:

	a.  Statement, dated 9 June 2010, from his former company executive officer who states the applicant served under him and that he deployed to combat multiple times with a very elite unit.

	b.  Statement, dated 30 April 2010, from his former operations officer, who also states the applicant served under him and that he deployed to Iraq three times in support of Operation Iraqi Freedom (OIF), spending a total of 12 months conducting combat operations. 

	c.  Certificate of authenticity showing the American flag was carried on a combat mission in Central Iraq on 9 June 2007 in the Global War on Terrorism.

	d.  Certificate of achievement, dated 15 December 2004, recognizing his performance. 

	e.  Certificate of achievement recognizing his marksmanship achievement.

	f.  Permanent Order 342-1602, issued by the 19th Infantry Regiment, Fort Benning, GA, awarding him the Army Achievement Medal for meritorious achievement from 23 September 2004 to 15 December 2004.

	g.  Permanent Orders 255-105, issued by Headquarters, 75th Ranger Regiment, Fort Benning, GA, awarding him the Army Commendation Medal for meritorious achievement from 3 October 2005 to 9 October 2005.  

	h.  DA Form 638, dated 2 September 2006, recommending and approving the above Army Commendation Medal.  The bullet achievements show he deployed to Operation Iraqi Freedom from 3 October 2005 to 4 January 2006 and 10 July to 9 October 2006.  

6.  The case analyst of record contacted the applicant telephonically on 23 and 26 September 2011 to confirm his exact dates of service in Iraq and obtain supporting documents; the applicant stated he did not have any additional documents to support his request.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, 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 by the Secretary of Defense or the cessation of OIF.  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-TBD)

9.  Commanders (overseas and within Continental United States (CONUS)) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D.  This authority may be further delegated to commanders charged with custody of military personnel record files.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge.  Any foreign badges not listed in Appendix D will be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC–PDO–PA, Fort Knox, KY, for approval.  

10.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Expert Infantryman Badge, Army Achievement Medal, and Army Commendation Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge and awards. 

2.  The applicant's pay records confirm he served in Iraq from 9 October 2005 to 1 January 2006 (2 months and 24 days), 9 July to 5 October 2006 (2 months and 27 days), and 6 April to 4 July 2007 (2 months and 29 days), for a total of 8 months and 20 days.  The first two periods of foreign service are consistent with the periods of foreign service shown on his award recommendation.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign/combat service in Iraq.

3.  Furthermore, this period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in the National Resolution) (16 December 2005-9 January 2007) and Iraqi Sovereignty (1 January 2009-TBD) campaigns and he is entitled to two bronze service stars to be affixed to the Iraq Campaign Medal.

4.  With respect to the Combat Infantryman Badge, his infantry MOS and his assignment to an infantry unit during his service in Iraq are not in question.  However, his records do not contain permanent orders awarding him the Combat Infantryman Badge.  Additionally, there is no evidence in the available records and he did not submit sufficient evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  Notwithstanding his sincerity, in the absence of evidence that he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

5.  With respect to the Australian jump wings, there is no evidence in the applicant's records and the applicant did not provide evidence that shows he was awarded a foreign award or that such award was approved by a commander serving in the rank of brigadier general or higher and/or a colonel-level commander who exercised general court-martial authority or a commander charged with the custody of military personnel record files for acceptance, retention, and permanent wear.  

6.  With respect to the 12 jumps, there is no provision to list jumps on the DD Form 214.  However, the regulation authorizes a bronze service star to be affixed to the Parachutist Badge for members who have performed a combat jump.  There is no evidence the applicant did so in this case.

7.  With respect to second award of the Army Commendation Medal, there is no evidence in the available records of a second award of the Army Commendation Medal other than the certificate submitted by the applicant.  Army Regulation 600-8-22 states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of the formal recommendation, approval, and orders, there is insufficient evidence to grant the applicant relief in this case.


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 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:

* Deleting from item 12f of his DD Form 214 the entry "0000  00  00" and adding the entry "0000  08  20"
* Adding to item 13 of his DD Form 214 the Army Commendation Medal, the Army Achievement Medal, Iraq Campaign Medal with two bronze service stars, and Expert Infantryman Badge
* Adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq 20051009 - 20060101; 20060709 - 20061005; and 20070406 - 20070704"

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:

* Combat Infantryman Badge
* Completion of 12 months of foreign service in Iraq
* Second award of the Army Commendation Medal
* Australian jump wings
* 12 jumps



      _______ _   _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)                                         AR20110008272



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ABCMR Record of Proceedings (cont)                                         AR20110008272



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