IN THE CASE OF:	

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140017577 


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), for the period ending 19 November 2004, be amended to correctly show his service in Iraq.  He additionally requests the award of the Combat Infantryman Badge.

2.  The applicant states:

* he was deployed to Iraq for 8 months and served in a mortar platoon within Headquarters and Headquarters Company, 1st Battalion, 12th Infantry Regiment, 3rd Brigade Combat Team
* based on that service, he believes he is also eligible to be awarded the Combat Infantryman Badge

3.  The applicant provides:

* Orders Number 055-0007, dated 24 February 2004, issued by Headquarters, 7th Infantry Division and Fort Carson, showing the applicant is assigned to the U.S. Army Transition Center for transition processing
* Permanent Orders (PO) Number 021-03, dated 21 January 2003, issued by Headquarters, 7th Infantry Division and Fort Carson, showing the applicant's unit of assignment was deployed to Kuwait or Turkey effective on or about 10 February 2003 to 23 February 2003 for an undetermined period
* Orders Number 308-02, dated 4 November 2003, issued by Headquarters, 7th Infantry Division and Fort Carson, showing accounting classifications being modified
* two DD Forms 214 pertaining to the applicant for the period ending 19 November 2004

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 26 February 2001.  After completing initial training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman).  

3.  He was honorably released from active duty on 19 November 2004.  His DD Form 214 shows he completed 3 years, 8 months, and 24 days of net active creditable service.  The rank/grade held when he was released from active duty was private first class/E-3.  His last unit of assignment was 1st Battalion, 12th Infantry Regiment, Fort Carson, CO.

	a.  Item 12f (Foreign Service) is blank.

	b.  Item 18 (Remarks) contains no entries showing he deployed to Iraq.

	c.  He was awarded or authorized:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army Lapel Button

4.  A review of the applicant's official military personnel file (OMPF) contains no documents pertaining to any deployments made by the applicant or derogatory information concerning his performance of duties.

5.  According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 8 April 2003 through 30 November 2003 for service in Kuwait/Iraq.  

6.  Department of the Army General Order (DAGO) Number 32, 2009, shows the 1st Battalion, 12th Infantry Regiment, as part of the 3rd Brigade, 4th Infantry Division, was awarded the Valorous Unit Award (VUA) for the period 20 April 2003 to 22 March 2004.

7.  Based on DFAS verification, the applicant was deployed to Kuwait/Iraq between April and November 2003, and coupled with the fact his unit received a VUA for the period from April 2003 to March 2004, the applicant has qualifying service for two Iraq campaigns:

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

8.  The applicant provides PO Number 021-03 which shows the applicant's unit of assignment deployed to Kuwait or Turkey in February 2003.  There is no by-name list attached showing the applicant deployed with his unit.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policy and procedures for the completion of the DD Form 214.  

	a.  Regarding item 12f it states the source of the entry is the ORB/ERB.

	b.  As to entering dates of service while being deployed, the regulation states, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter "service in (name of country deployed) from (inclusive dates shown as YYYYMMDD - YYYYMMDD."

10.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states 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 (emphasis added).  

	a.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty 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.  

	b.  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.  

	c.  Army Regulation 600-8-22 also states that IEDs, vehicle-borne IEDs (VBIEDS), and the like are direct fire weapons.  While no fixed, qualifying distance from an explosion of these devices can be established, commanders should consider the entirety of the combat situation when considering award of the Combat Infantryman Badge.

11.  Army Regulation 600-8-22 further states:

	a.  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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his deployment to Iraq be reflected on his DD Form 214.  He additionally contends he should be awarded the Combat Infantryman Badge based upon his service as part of a mortar platoon in Iraq.

2.  Although his records show he was assigned to an infantry unit at the time of his release from active duty, the applicant's OMPF is void of any information which might either verify his deployment to Iraq, or affirm he was personally present for and actively participated in ground combat.  As such there is insufficient evidence to warrant the award of the Combat Infantryman Badge.  Should he be able to provide verifying documentation (such as duty logs and reports, and/or statements from his leadership during his assignment to the 1st Battalion, 12th Infantry Regiment) within 1 year of the date of the Board's decision, his application may be reconsidered.

3.  DFAS shows the applicant served in Kuwait/Iraq during the period 8 April 2003 to 30 November 2003.  Based on this, his DD Form 214 should be amended to show 7 months and 23 days of foreign service and that he served in Kuwait/Iraq.

4.  The applicant has qualifying service to be awarded the Iraq Campaign Medal with two bronze service stars.  Additionally, he was assigned to the 1st Battalion, 12th Infantry Regiment when it received the Valorous Unit Award.  His DD Form 214 should be amended to reflect these awards.

5.  He appears to be eligible for the award of the Army Good Conduct Medal and this award should be added to his DD Form 214.  He meets the following requisite qualifications:

* he honorably completed 3 years after 27 August 1940
* there is no derogatory information in his record
* he completed 7 months and 23 days of combat service
* there is no commander's disqualification memorandum in his record

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.  awarding the Army Good Conduct Medal (1st Award) for the period 26 February 2001 to 25 February 2004;

	b.  in item 12f of his DD Form 214, delete the entry "0000/00/00" and replace it with "0000/07/23";

	c.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, add:

* Army Good Conduct Medal
* Iraq Campaign Medal with two bronze service stars
* Valorous Unit Award

	d.  in item 18 of his DD Form 214, add the entry "Service in Kuwait/Iraq 20030408-20031130."

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 the award of the Combat Infantryman Badge.




      _______ _   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)                                         AR20140017577



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ABCMR Record of Proceedings (cont)                                         AR20140017577



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