IN THE CASE OF:	  

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140014959 


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 award of the Combat Infantryman Badge (CIB) and his foreign service.

2.  The applicant states he is entitled to wear the CIB because it was awarded to his entire unit. 

3.  The applicant provides:

* DD Form 215 (Correction to DD Form 214)
* a letter from State Senator S___ R____
* orders
* Defense and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earning Statement)
* a memorandum, subject:  Individual Redeployment Authorization to Depart Central Command (CENTCOM) Area of Responsibility (AOR) for Expiration Term of Service (ETS), dated 20 November 2003
* a memorandum, subject:  Individual Redeployment Authorization for [Applicant] to Depart CENTCOM AOR for ETS, dated 20 November 2003  

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 enlisted in the Regular Army on 2 February 2001.  He completed his training and was awarded military occupational specialty            11B (Infantryman).

3.  He provides a letter from lieutenant colonel (LTC) (Retired) S___ R___ (former commander of Headquarters, 1st Battalion (Mechanized), 22nd Infantry Regiment, 4th Infantry Division, Iraq), who is currently a State Senator.  He states:

     a.  The applicant was deployed to Iraq in 2003 with the 1st Battalion, 22nd Infantry.  He attests that the applicant received the CIB for combat service with A Company, Task Force (TF) 1-22 Infantry in Tikrit, Iraq.  He states he pinned the award on him prior to his departure in December 2003 when he was allowed to be released from active duty after being held past his regular service obligation.

    b.  He was a tough and competent Soldier who was involved in numerous combat operations from April to December 2003.  Their TF was in daily contact with the enemy and he was involved with numerous incidents that would have qualified him for the CIB.  The TF suffered over 70 killed and wounded during the deployment.

    c.  He deserves every consideration and benefit for his selfless service.  He placed his own welfare in jeopardy and his own life as risk to serve his nation when had already fulfilled his service obligation.  He did it as an infantryman on the streets of Tikrit, Iraq, and he never hesitated.  The least the Nation can do is now honor him with what he is entitled to.    
 
4. Orders 030-01, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, dated 30 January 2003 shows 1st Brigade, Fort Hood, TX was deployed to the Central Command area of responsibility in support of Operation Enduring Freedom.

5.  He provides a DFAS Form 702 rendered for the November 2003 pay period.  This form shows his entitlement to Hostile Fire Pay.
6.  A memorandum, subject:  Individual Redeployment Authorization to depart CENTCOM for ETS, issued by Headquarters, 1st Battalion (Mechanized), 22nd Infantry Regiment, 4th Infantry Division, Iraq, dated 20 November 2003 shows LTC S____ R____ requested he be authorized to depart the CENTCOM AOR on 28 November 2003 to ETS in accordance with 4th Infantry Division Fragmentary Order Number 801. 
 
7.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for deployment to Kuwait from 4 April 2003 through 28 November 2003, a period of 7 months and 28 days.

8.  His DD Form 214 (as corrected by DD Form 215) shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00" 

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star

	c.  item 18 (Remarks) does not show his service in Kuwait.

9.  His record is void of any evidence showing he was awarded either the CIB or the Army Good Conduct Medal (AGCM).

10.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the AGCM.  There are also no entries in his military records to indicate his commanders denied him the first award of the AGCM.

11.  Army Regulation 600-8-22 (Military Awards) states:

     a.  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.

    b.   The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

12.  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.  Chapter 2 contains guidance for preparation of the DD Form 214 and states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations; and

	c.  item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the CIB was carefully considered and determined to have merit.

2.  LTC (Retired) S____ R____ (currently a State Senator) confirmed he was assigned to an infantry unit and directly engaged in active ground combat against an enemy as an infantryman.  Based on this first-hand account, it appears he is entitled to award of the CIB and correction of DD Form 214 to show this award.  

3.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployment to Kuwait/Iraq from the period 4 April 2003 through                          28 November 2003, a period of 7 months and 24 days of foreign service.  Therefore, item 12f of his DD Form 214 should be corrected to show his period of foreign service.

4.  Based on his confirmed deployment to Kuwait/Iraq, he is entitled to correction of item 18 of his DD Form 214 to specifically show this deployment information.

5.  As a related issue, his DD Form 214 does not show all of the awards and decorations to which he is entitled.

6.  The evidence of record confirms the applicant served honorably on active duty during the period 2 February 2001 through 1 February 2004.  He attained the rank/grade of SPC/E-4 during this period.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or was subject to court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the AGCM.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 2 February 2001 to 1 February 2004 and to correct his DD Form 214 to show this award.
  
BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  awarding him the AGCM (1st Award) for the period 2 February 2001 to       1 February 2004;

     b.  awarding him the CIB effective 28 November 2003;

     c.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  07  24";

     d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 4 April 2003 through 28 November 2003" to item 18 of his DD Form 214; and 



     e.  adding the following awards to his DD Form 214 

* AGCM (1st Award)
* 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)                                         AR20140014959





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ABCMR Record of Proceedings (cont)                                         AR20140014959



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