IN THE CASE OF:	  

		BOARD DATE:	    9 July 2015

		DOCKET NUMBER:  AR20140018950 


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) by:

   a.  showing service in Iraq and Germany from 7 August 2007 through 27 September 2007;
   
   b.  showing his awards as the Global War on Terrorism Service Medal,  Global War on Terrorism Expeditionary Medal, Overseas Service Ribbon, Combat Infantryman Badge, Army Service Ribbon, Iraq Campaign Medal, and the National Defense Service Medal; and 
   
   c.  changing his reason for separation.

2.  The applicant states the preparation of his DD Form 214 was rushed.  It is missing several awards and decorations, but more importantly his overseas service is not on it.

3.  The applicant provides a copy of page five of a document titled "DOD Military Service Information." 

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 served on active duty in the Regular Army from 31 January 2007 through 27 December 2007 with award of the military occupational specialty 11B (Infantryman).  He was honorably discharged for a condition, not a disability.

3.  The available documentation in his Integrated Personnel Electronic Records System contains documentation related only to his enlistment contract and his processing for separation for a character and behavioral disorder.  

4.  A DA Form 4856 (Developmental Counseling Form), dated 14 November 2007, states in part, that the applicant had been medically evacuated back to the continental U.S. after approximately 10 days in Iraq (before departing on any combat missions with his platoon) after he slipped and banged his head on a Bradley Fighting Vehicle.  A DA Form 8003 (Army Substance Abuse Program (ASAP) Enrollment) states that he was treated at the Landstuhl Regional Medical Center after his evacuation from Iraq. 

5.  On 13 December 2007, his commander notified the applicant that he was initiating action to separate him due to the applicant having been diagnosed with an adjustment disorder with mixed anxiety and depressed mood.  The applicant acknowledged receipt of the notification.

6.  On 17 December 2007, after consulting with counsel, the applicant acknowledged that he had been advised of the basis for his contemplated separation, and its effects, the rights available to him, and the right to waive his rights.  He waived his rights in conjunction with this consultation.  He did not elect to submit a statement on his own behalf.

7.  On 19 December 2007, the separation authority approved his separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5, paragraph 5-17, for other designated physical or mental condition.

8.  His DD Form 214 does not show any foreign service credit in either block 12f (Foreign Service) or block 18 (Remarks).  His awards are shown as the National Defense Service Medal and the Army Service Medal.

9.  His Enlisted Record Brief, dated 7 December 2007, does not reflect any overseas/deployed service. 

10.  The DOD Military Service Information sheet he provides does not indicate the source or purpose of the printout.

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

   a.  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 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. 
   
   b.  The Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal.  This regulation further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom to qualify for award of the Global War on Terrorism Expeditionary Medal.  

   c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  Under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 
   
   d.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that 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.  Soldiers must be credited with a normal overseas tour completion according to Army Regulation 614-30 (Overseas Service).
   
   e.  For award of the Combat Infantryman Badge there are in effect three basic requirements: an enlisted Soldier must have an infantry specialty, they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and they must be personally present and under hostile fire while serving in that unit. 

12.   Army Regulation 15-185 (ABCMR), states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served during the eligibility period for award of the Global War on Terrorism Service Medal.  It would be appropriate to correct his DD Form 214 to show this award.

2.  The applicant's contention that he is entitled to the Combat Infantryman Badge was carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, in order to qualify for the Combat Infantryman Badge, a member must not only hold an infantry MOS and serve with a qualifying infantry unit, there must also be evidence that he was personally present with the qualifying infantry unit when it was engaged in active ground combat, and that he participated in such ground combat.  Holding an infantry MOS, being assigned with a qualifying unit, going on patrols, and receiving campaign credit alone are not sufficient to support award of the Combat Infantryman Badge.  The applicant must demonstrate that he engaged in active ground combat.  His records indicate he did not participate in any combat missions. 

3.  The information sheet provided by the applicant does not indicate the source or purpose of the printout nor does it appear to be an official Army record.  Further, the notes on the sheet indicate the information may be incomplete for various types of service.  Though evidence indicates he was in Iraq for at least a few days, evidence indicates he was not in Iraq long enough to qualify for the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, or Overseas Service Ribbon.  Further, there is insufficient available information to determine exactly how long and when he was in Iraq and Germany.  As such, there is an insufficient basis for which to afford him the requested relief for foreign service recognition.

4.  The applicant has not provided and the record does not contain any evidence that he was discharged for any reason other than that shown on his DD Form 214.  Evidence indicates that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  

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 adding the Global War on Terrorism Service Medal to his DD Form 214. 

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 his requests in excess of the above. 



      _______ _   _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)                                         AR20140018950



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ABCMR Record of Proceedings (cont)                                         AR20140018950



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