IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110013182 


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 the:

* Combat Infantryman Badge
* Iraq Campaign Medal
* Global War on Terrorism Service Medal

2.  The applicant states he was discharged very quickly from Fort Bragg, NC, while the rest of his battalion was still deployed to Iraq.  When he received his DD Form 214, he was told during out-processing that it was incorrect and that it would take time to fix it.  He states he has been in and out of the Department of Veterans Affairs hospitals for the past 6 years for service-connected post-traumatic stress disorder and things have not been easy since coming home.

3.  The applicant provides:

* memorandum for record, dated 4 February 2004, subject:  No PERSTEMPO [Personnel Tempo] Out-Processing Sheet
* printouts of the criteria for the requested awards

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army on 26 February 2003.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  On 7 July 2003, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, awarded him the Parachutist Badge after having successfully attended and completed the Basic Airborne Course.

4.  On or around 1 August 2003, he was assigned to the 1st Battalion, 504th Parachute Infantry Regiment, Fort Bragg.

5.  On 30 October 2003, he was counseled by the rear detachment officer in charge regarding his separation action recommended by a psychiatrist.

6.  In November 2003, his immediate commander initiated separation action against him under the provisions of chapter 5 of Army Regulation 635-200 (Personnel Separations) by reason of "other designated physical or mental condition."

7.  On 13 January 2004, the separation authority approved the proposed discharge and directed the applicant's service be characterized as honorable.

8.  On 30 January 2004, he was honorably discharged.  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, Parachutist Badge, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar
* item 18 (Remarks) – no service in an hazardous fire pay (HFP)/imminent danger pay (IDP) area

9.  His records do not show he served in Kuwait/Iraq in support of Operation Iraqi Freedom (OIF) or contain official orders awarding him the Combat Infantryman Badge.

10.  An email message from the Defense Finance and Accounting Service, dated 21 October 2011, states he did not receive HFP/IDP or combat zone tax exclusion (CZTE).

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Combat Infantryman Badge 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.

	b.  The Iraq Campaign Medal is awarded to members who 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.

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  With respect to the Iraq Campaign Medal, there is no evidence in his records and he provided none to show he served in Kuwait/Iraq.  Additionally, his pay records confirm he did not receive HFP/IDP or CZTE.  Therefore, there is insufficient evidence to support his entitlement to the Iraq Campaign Medal.

3.  With respect to the Combat Infantryman Badge, although he held an infantry MOS and he was assigned to an infantry battalion as stated earlier, there is no evidence in his records and he provided none to show he served in Kuwait/Iraq.  His records do not contain permanent orders awarding him the Combat Infantryman Badge.  Additionally, there is no evidence in his records and he did not provide any that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.

4.  Notwithstanding the applicant's sincerity regarding his entitlement to the Iraq Campaign Medal and Combat Infantryman Badge, in the absence of evidence to show he served in Kuwait/Iraq the required period of service and he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Iraq Campaign Medal or the Combat Infantryman Badge 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 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 adding the Global War on Terrorism Service Medal to item 13 of his DD Form 214.

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 award of the:

* Iraq Campaign Medal
* Combat Infantryman Badge



      _____________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)                                         AR20110013182



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ABCMR Record of Proceedings (cont)                                         AR20110013182



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