IN THE CASE OF:	  

		BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130020782 


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 award of the Combat Infantryman Badge (CIB) and Iraq Campaign Medal (ICM).

2.  He states he was not awarded the CIB.  He served with the 4th Infantry Division in Iraq in 2003 and 2004, and he was involved in the operation that located Saddam Hussein.  He was involved in more than enough firefights to make him eligible for the CIB.  He also states he was not awarded the ICM.  He has made numerous attempts to get this rectified, but nothing has happened.  He now has cancer and does not know how long he has left.  He would like to pass these decorations down to his children.  

3.  He provides:

* DA Form 638 (Recommendation for Award)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Army Commendation Medal (ARCOM) Certificate
* 10th Cavalry Regiment Combat Spurs Certificate

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.  On 19 September 2002, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  

3.  His Official Military Personnel File contains an Enlisted Record Brief that shows:

* he served in duty MOS 19D throughout his military service
* a handwritten entry indicating he served in Iraq from 21 March 2003 to 30 March 2004
* he was assigned to Troop G, 10th Cavalry Regiment, from 7 March 2003 to 15 August 2004

4.  On 22 June 2005, he was honorably discharged.  His DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Lapel Button
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

* item 18 (Remarks) – "SERVED IN OPERATION IRAQ [sic] FREEDOM FROM 21 MARCH 2003 TO 30 MARCH 2004"

5.  He provides, in part, a DA Form 638 and ARCOM Certificate showing Permanent Order Number 042-012, issued by Headquarters, 1st Brigade, 4th Infantry Division, awarded him the ARCOM with "V" Device for the period 13 April 2003 to 28 December 2003.  Part III (Justification and Citation Data) of the DA Form 638 shows he participated in active ground combat during the cited period and in the operation that led to the capture of Saddam Hussein.  

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait and Iraq.

	b.  The ICM is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  The AOE 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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	c.  Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  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, in effect, that an Army Soldier must have an infantry or special forces MOS 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.  Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances.  
7.  Department of the Army General Orders Number 11, dated 16 December 2009, awarded the Valorous Unit Award (VUA) to Troop G, 10th Cavalry Regiment, for the period 15 April 2003 to 15 March 2004.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not eligible for the CIB.  While he did participate in active ground combat, his record shows he held a cavalry MOS throughout his military service.  Personnel with other than an infantry or special forces MOS are not eligible for the CIB, regardless of the circumstances.  The fact that he did not meet the criteria for award of the CIB in no way diminishes his faithful and selfless service to his country while deployed in Iraq.  

2.  He was awarded the ARCOM with "V" Device.  It would be appropriate to add this award to his DD Form 214.  

3.  He was awarded the GWOTEM for his deployed service, and he now requests award of the ICM.  Based on his service in Iraq, he is eligible for award of the ICM with two bronze service stars.  It would be appropriate to amend his DD Form 214 to show the ICM with two bronze service stars in lieu of the GWOTEM.  

4.  He served in Troop G, 10th Cavalry Regiment, during a period for which the unit was awarded the VUA.  He is entitled to correction of his DD Form 214 to show this unit award.  

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 amending his DD Form 214 as follows:

	a.  delete the GWOTEM and

	b.  add the:

* ARCOM with "V" Device
* ICM with two bronze service stars
* VUA

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 the CIB.



      _______ _   _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)                                         AR20130020782





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ABCMR Record of Proceedings (cont)                                         AR20130020782



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