IN THE CASE OF:	  

		BOARD DATE:	 13 March 2012

		DOCKET NUMBER:  AR20110018864 


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 document his Iraq service and to add all awards earned based on that service to include the Combat Infantryman Badge (CIB). 

2.  The applicant states his Iraq service and awards should be documented on his DD Form 214.  He also states he and other members of his unit were awarded the CIB which should also be added to his DD Form 214. 

3.  The applicant provides a Defense Finance and Accounting Service (DFAS) hearing regarding indebtedness in support of his application.  

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 record shows the applicant enlisted in the Regular Army on 22 June 2005, and was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  It also shows he was advanced to specialist/E-4 on 22 June 2007, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant’s record contains a certificate confirming the applicant was awarded the Army Commendation Medal (ARCOM) for meritorious service in support of Operation Iraq Freedom while assigned to the 1st Battalion, 8th Cavalry Regiment in the Baghdad district of Iraq from 11 October 2006 through 29 December 2007.  This certificate provides no confirmation of the applicant’s presence and participation as an infantryman in direct combat with enemy forces while serving in Iraq.  The record is also void of any documents indicating he was ever recommended for or awarded the CIB while serving in Iraq.  

4.  On 28 April 2008, the applicant was discharged, in the rank of private/E-2, under the provisions of paragraph 14-12c, Army Regulation 635-200 (Personnel Separations), by reason of misconduct (drug abuse).  The DD Form 214 he was issued shows he completed 2 years, 10 months, and 7 days of creditable active military service and received a general, under honorable conditions discharge.  The DD Form 214 documents no overseas service in item 12f (Foreign Service) and no deployments in item 18 (Remarks).  The CIB and Iraq service awards are also not included on the DD Form 214.  The DD Form 214 does show he earned the following awards during his active duty tenure:

* Army Commendation Medal 
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

5.  During the processing of this case, a review of the applicant's Defense Finance and Accounting Service (DFAS) record shows he received hostile fire pay/imminent danger pay (HFP/IDP) from 22 October 2006 through 30 January 2008.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  



7.  Chapter 2 of the separation documents regulation contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to item 18.  The instructions also stipulate all awards earned during military service will be added to the DD Form 214.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that it is authorized for service in Iraq on or after 
19 March 2003 to a date to be determined by the Secretary of Defense.  It also states that a bronze service star is authorized with the ICM for each campaign a member is credited with participating in while serving in Iraq.  During the applicant's tenure of assignment in Iraq, participation credit was granted for the following two campaigns:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008) 

9.  Paragraph 8–6 of the awards regulation contains guidance on the CIB.  It states in order to be awarded the CIB a Soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for item 13 are to add all earned military awards.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record and DD Form 214 be corrected to document his Iraq service and to add all awards due as a result of this service to include the CIB has been carefully considered and found to have partial merit.  

2.  The evidence of record confirms the applicant served in Iraq from 11 October 2006 through 29 December 2007, as evidenced by the ARCOM certificate in his record, and corroborated by the DFAS record.  As a result, item 12f and 18 of his DD Form 214 should be corrected accordingly.  Further, based on his service and campaign participation in Iraq, the applicant is eligible for the ICM with 2 bronze service stars which should also be added to his record and DD Form 214.  

3.  However, the evidence of record does  not provide sufficient evidence to support award of the CIB.  By regulation in order to support award of the CIB there must not only be evidence that the member held and served in an infantry MOS in a qualifying infantry unit in a combat zone, but also that the member was present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

4.  The evidence of record fails to confirm the applicant presence with and participation in active ground combat with enemy forces with his unit in Iraq.  Further, there is no evidence of record or independent evidence submitted by the applicant that shows he was ever recommended for or awarded the CIB by proper authority while serving in Iraq.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 amending his DD Form 214 by:

	a.  deleting the current entry in item 12f and replacing it with the entry 
“0001  02  19”;

	b.  adding the Iraq Campaign Medal with 2 bronze service stars; and 

	c.  adding the entry "SERVICE IN IRAQ FROM 20061011-20071229” to item 18.  

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 adding the Combat Infantryman Badge to the record and 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)                                         AR20110018864



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ABCMR Record of Proceedings (cont)                                         AR20110018864



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