IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110012889 


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 his foreign service in Iraq and award of the Army Commendation Medal (ARCOM), Iraq Campaign Medal (ICM), and Combat Infantryman Badge (CIB).

2.  The applicant states, for unknown reasons, his foreign service and awards were omitted from his DD Form 214.

3.  The applicant provides copies of his deployment orders, ARCOM orders, and DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 February 2008.  He was awarded military occupational specialty 11B (Infantryman).

2.  A DA Form 4980-14 (Army Commendation Medal Certificate) shows that Headquarters, 2nd Heavy Brigade Combat Team (2HBCT), Forward Operating Base (FOB) Marez, Permanent Order (PO) Number 168-003, dated 17 June 2010, awarded the applicant the ARCOM for meritorious service in support of Operation Iraqi Freedom (OIF) from 15 November 2009 through 15 August 2010 while he was assigned to the 1st Battalion, 36th Infantry..

3.  The applicant's DD Form 214 shows he was discharged under honorable conditions on 18 April 2011.  He completed 3 years, 1 month, and 29 days of net active service.

	a.  Item 12 (Record of Service), block f (Foreign Service), fails to show he completed any foreign service during this period.

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

	c.  Item 18 (Remarks) shows the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."  It does not show he deployed to a foreign country and it does not show he served in a hostile fire pay/imminent danger pay (HFP/IDP) area.

4.  In support of his request, the applicant provided Headquarters, Fort Bliss, Texas, Orders 281-164, dated 8 October 2009, that deployed the applicant on a temporary change of station in support of OIF and assigned/attached him to the 3rd Infantry Division (Iraq) from 13 November 2009 to 12 November 2010.

5.  During the processing of this case, the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant's receipt of HFP/IDP.  DFAS confirmed the applicant received HFP/IDP from 21 November 2009 through 3 August 2010.

6.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the CIB.

7.  A review of the applicant's military personnel records shows he may be authorized an additional award that is not shown on his DD Form 214.

8.  Army Regulation (AR) 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq and 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 ICM 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.

		(1)  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.

	 	(2)  During the applicant's overseas tour in Iraq from 21 November 2009 to 3 August 2010, participation credit was awarded for the Iraqi Sovereignty (1 January 2009 - 31 August 2010) campaign.

	b.  AR 600-8-22 states 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 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, to close with and destroy the enemy with direct fires.  Award of the CIB in support of OIF is authorized from 19 March 2003 to a date to be determined.

9.  AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.

	a.  Item 12, block f, states to enter total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period), from the Enlisted Record Brief.

	b.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

	c.  Item 18 states use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  For an active duty Soldier deployed to a foreign country during their continuous period of active service enter:

* "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served in Iraq in support of OIF and he was authorized HFP/IDP from 21 November 2009 through 3 August 2010.

	a.  A calculation of this period of service shows the following:

	2010  08  03	date of redeployment
	- 2009  11  21	date of deployment
	=     00  08  12
	+                   1	day inclusive
	=     00  08  13	total foreign service

	b.  Thus, it would be appropriate to show this period of foreign service in item 12, block f, of his DD Form 214.

	c.  It would also be appropriate to correct item 18 of his DD Form 214 to show he served in Iraq during this period.

2.  Permanent orders award the applicant the ARCOM.

3.  Records show the applicant qualified for award of the ICM based on his service in Iraq and he served there during the Iraqi Sovereign campaign.

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show award of the ARCOM and the ICM with one bronze service star.

5.  In regard to the CIB, the applicant was an infantryman assigned to an infantry unit; however, there is insufficient evidence to show he was personally present and under hostile fire while the unit was engaged in ground combat with the enemy.  In the absence of evidence showing he was awarded the CIB, there is insufficient evidence on which to base adding it to 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 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.  deleting from item 12, block f of his DD Form 214:  "0000  00  00";

	b.  adding to item 12, block f of his DD Form 214:  "0000  08  13";

	c.  adding to item 13 of his DD Form 214 the Army Commendation Medal and Iraq Campaign Medal with 1 bronze service star; and

	d.  adding to item 18 of his DD Form 214:  "SERVICE IN IRAQ FROM 20091121-20100803//."

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 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)                                         AR20110012889



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012889



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1