IN THE CASE OF:	   

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20110024927 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with separation date of 
8 July 2009:

* Combat Infantryman Badge
* Army Commendation Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon  
* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 

2.  The applicant states he received these awards but they were not entered on his DD Form 214.

3.  The applicant provides his DD Form 214 and his photo.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 22 February 2007, for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

2.  A certificate for the award of the Army Commendation Medal indicates that Headquarters, 2nd Brigade Combat Team, Forward Operating Base, Kalsu Order Number 003-037, dated 3 January 2008, awarded him the Army Commendation Medal for meritorious service, while assigned to Bravo Company, 1st Battalion, 30th Infantry Regiment, in support of Operation Iraqi Freedom.  The award was for the period 1 September 2007 to 15 August 2008.

3.  On 8 July 2009, he was discharged.  He completed 2 years, 4 months, and 
17 days of active service that was characterized as under honorable conditions.  His DD Form 214 shows he was awarded the Army Service Ribbon.  Item 12f (Foreign Service) of his DD Form 214 shows no foreign service, and item 18 (Remarks) shows no deployment information.

4.  There are no orders in his official military personnel file (OMPF) awarding him the Combat Infantryman Badge.

5.  An email, dated 24 May 2012, from the Defense Finance and Accounting Service (DFAS) indicates he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 24 August 2007 to 30 July 2008.

6.  The U.S. Army Human Resources Command Website shows that 
B Company, 1st Battalion, 30th Infantry Regiment was among the units which were awarded the Valorous Unit Award for the period 16 June to 30 October 2007.  There are no other unit awards listed for B Company, 1st Battalion, 30th Infantry Regiment during the period he was assigned to the unit.

7.  The applicant provides a photograph showing he is wearing the Combat Infantryman Badge.

8.  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.  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 National Defense Service Medal is awarded for honorable active service for the period from 11 September 2001 to a date to be determined.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Among the approved campaigns is the Iraqi Surge            (10 January 2007 - 31 December 2008).

	d.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) 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.  

	e.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

9.  Army Regulation 614-30 (Overseas Service) provides policy and guidance on the establishment of tour lengths for overseas areas.  Table 3-2, Rule 8 states if a Soldier serves 9 months in a continuous temporary change of station/temporary duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established he/she is credited with a completed tour.

10.  Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  There is no substantative evidence, and he did not submit sufficient evidence to show he was 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.  Therefore, there is insufficient evidence to add the Combat Infantryman Badge to his DD Form 214.

2.  There is sufficient evidence to show he was awarded the Army Commendation Medal.  Therefore, this award should be added to his 
DD Form 214.

3.  According to his certificate for the Army Commendation Medal, he was assigned to B Company, 1st Battalion, 30th Infantry Regiment during the period the unit was awarded the Valorous Unit Award.  Therefore, he is authorized the Valorous Unit Award.  

4.  There is no evidence B Company, 1st Battalion, 30th Infantry Regiment was awarded the Meritorious Unit Commendation (Army) or the Presidential Unit Citation (Army) during the period he was assigned to that unit.  Therefore, he is not authorized these awards.

5.  He would have served honorably during the period of meritorious service shown for the award of his Army Commendation Medal.  There is no specified minimum time period required in order to be authorized the National Defense Service Medal.  Therefore, it is appropriate to add this award to his 
DD Form 214.  

6.  Based on the period shown on his Army Commendation Medal, there is sufficient evidence to show he is authorized the Iraq Campaign Medal with one bronze service star.

7.  Based on his service prior to being deployed to Iraq, he is authorized the Global War on Terrorism Service Medal.

8.  The Army Service Ribbon is already shown on his DD Form 214.  Therefore, there is no correction to be made.

9.  His certificate for the award of the Army Commendation Medal shows he completed more than 9 months continuous service in Iraq.  Therefore, he is authorized the Overseas Service Ribbon.

10.  The email from DFAS indicates he received HF/IDP and CZTE from 
24 August 2007 through 30 July 2008 for Kuwait.  The certificate for his Army 

Commendation Medal lists the period of the award as 1 September 2007 to 
16 August 2008 while in Iraq.  However, the exact dates he was in Iraq cannot be determined.  Therefore, it would be appropriate to enter:  SERVICE IN KUWAIT/IRAQ - 20070824 - 20080730 in item 18 of his DD Form 214.

11.  It would also be appropriate as a related issue to correct item 12f of his      DD Form 214 to show he served 11 months and 7 days of overseas service.

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 as follows:

	a.  Add the:

* Army Commendation Medal
* Valorous Unit Award
* National Defense Service Medal
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Overseas Service Ribbon

b.  Amend Item 12f to show he completed 11 months and 7 days of foreign service.
	
	c.  Amend Item 18 to include the entry:  SERVICE IN KUWAIT/IRAQ - 20070824 – 20080730.

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 the Combat Infantryman Badge, the Presidential Unit Citation (Army), and the Meritorious Unit Commendation (Army). 




      _______ _   __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)                                         AR20110024927



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ABCMR Record of Proceedings (cont)                                         AR20110024927



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