IN THE CASE OF:	  

		BOARD DATE:  15 March 2012

		DOCKET NUMBER:  AR20110018036 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB) and his 8 months of foreign service in Iraq.

2.  The applicant states that his DD Form 214 does not list the CIB or the duration of his combat service in Iraq in 2003.

3.  He provides:

* Temporary Change of Station (TCS) orders
* DA Form 4187 (Personnel Action)
* DD Form 214

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 military record shows he enlisted in the Regular Army on 10 January 2000.  He completed training and was awarded military occupational specialty 11B (Infantryman).  He was assigned to the 2nd Battalion, 8th Infantry.

3.  On 29 January 2003, he was issued TCS orders from Fort Hood, Texas, to CENTCOM AOR (U.S. Central Command Area of Responsibility) and return.

4.  A DA Form 4187, dated 14 September 2003, requested he be redeployed from CENTOM AOR on or about 23 September 2003 for the purpose of clearing, ACAP (Army Career & Alumni Program), and to complete an ETS (expiration of term of service) physical.

5.  He was honorably released from active duty on 9 January 2004, for completion of required active service, and he was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 4 years of active service and no time lost.  

6.  Item 12f (Foreign Service) of his DD Form 214 lists zero foreign service credit. Item 13 (Decorations, Medals, Badges, Citation, and Campaign Ribbons Awarded or Authorized) of this form does not list the CIB.

7.  There are no orders in the applicant's service personnel records that show he participated in ground combat during his period of service in Kuwait/Iraq and was awarded the CIB.

8.  A staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait/Iraq from 13 April 2003 through 6 October 2003.  

9.  Army Regulation 600-8-22 (Military Awards) 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an 


infantry, ranger, or special forces unit of a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient 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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* Item 12 (Foreign Service) to enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18 to enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed with his/her unit during their continuous period of active service

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records confirms the applicant's service in Kuwait/Iraq from 13 April 2003 through 6 October 2003, a period of 5 months and 24 days.  Therefore, item 12f of his DD Form 214 for the period ending 9 January 2004 should be corrected to show a credit of 5 months and 24 days of foreign service. Item 18 of his DD Form 214 should also be corrected to add the entry "SERVICE IN KUWAIT/IRAQ FROM 20030413-20031006."

2.  With respect to the CIB, the evidence of record fails to show he was awarded the CIB during his period of service in Kuwait/Iraq.  To be entitled to award of the CIB, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

3.  The evidence shows he served in an infantry MOS in an infantry unit during his deployment; however, the evidence of record does not confirm and he has not sufficiently shown that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.  Based on the available evidence, he is not entitled to correction to his DD Form 214 to show award of the CIB.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 the entry "0000  00 00" from Item 12f of the applicant's DD Form 214 ending on 9 January 2004 and replacing it with the entry "0000  05  24"; and 

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030413-20031006" to Item 18 of his 2004 DD Form 214.

2.  The Board further determined that 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 correction his 2004 DD Form 214 to show award of the Combat Infantryman Badge and he completed 8 months of service in Iraq.



      _______ _   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)                                         AR20110018036



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ABCMR Record of Proceedings (cont)                                         AR20110018036



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