IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005922 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: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge * award of the Army Good Conduct Medal 2. The applicant states his DD Form 214 fails to show his award of the Combat Infantryman Badge and he would like it added. He should have been awarded the Army Good Conduct Medal. This was a simple oversight during his discharge process. As an Army infantryman in combat this error should be corrected. He thought it was corrected at the time of discharge; however, when reviewing his DD Form 214 he discovered the error pertaining to the Combat Infantryman Badge and Army Good Conduct Medal. 3. The applicant provides a copy of his DD Form 214. 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. 2. The applicant enlisted in the Regular Army on 18 April 2002 and he held military occupation specialty (MOS) 11B (Infantryman). He served in Iraq from 4 March 2003 through 3 March 2004. He was assigned to Company A, 1st Battalion, 41st Infantry Regiment, 2nd Brigade Combat Team. 3. Permanent Orders Number 127-399, issued by the 2nd Brigade Combat Team, Task Force Falcon, Baghdad, Iraq on 7 May 2003, awarded him the Army Commendation Medal for exceptionally meritorious service from 1 March through 28 April 2003. 4. He again served in Iraq from 2 February 2005 through 18 January 2006. 5. He was honorably released from active duty in the rank/pay grade of specialist (SPC/E-4) on 1 May 2006. He was credited with completing 4 years and 14 days of net active service. His DD Form 214 lists the: * U.S. Army/U.S. Air Force Presidential Unit Citation * Valorous Unit Award * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Iraq Campaign Medal * Army Lapel Button 6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) – lists the: * Army Service Ribbon * National Defense Service Medal 7. His record does not show he was authorized or awarded the Combat Infantryman Badge during his period of service. His record is also void of any disciplinary action or other evidence showing he was disqualified by his chain of command for the first award of the Army Good Conduct Medal. 8. Army Regulation 600-8-22 (Military Awards) states: a. There are three basic requirements for the Combat Infantryman Badge. The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been personally present and under fire while serving in an assigned infantry or Special Forces primary duty, in a unit engaged in active ground combat, to close with and destroy the enemy with direct fires. The regulation further states that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge. b. A special provision authorized for the War on Terrorism states the Combat Infantryman Badge may be awarded to recognize those United States Army Infantry and Special Forces Soldiers embedded in formed Afghan National Army or Iraqi infantry/special force units, or Iraqi specialized Infantry type units, of brigade, regimental or smaller size, or assigned as advisors to a foreign infantry/special forces comparable to the above infantry units, as tactical advisors, trainers or performing liaison duties, during the time that the supported infantry/special force unit engages in active ground combat, to close with and destroy the enemy with direct fires. Qualified Soldiers must have been personally present and participated in the combat operations. c. The Army Good Conduct Medal 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 Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, the disqualification must be justified. d. The Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom from 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. During his second period of service in Iraq, the applicant participated in the two campaigns: * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) e. Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. DISCUSSION AND CONCLUSIONS: 1. Orders awarded the applicant the Army Commendation Medal during his period of active duty. His DD Form 214 does not list this award. 2. With regard to award of the Army Good Conduct Medal: a. His record is void of orders authorizing him award of the Army Good Conduct Medal. His military service record did not reveal any disciplinary action or a commander's disqualification for this award during his active duty enlisted service. b. He completed 4 years of honorable service. He attained the rank/pay grade of SPC/E-4. He served in Iraq twice and was awarded the Army Commendation Medal. He meets the criteria for the first award of the Army Good Conduct Medal for his period of service from 18 April 2002 through 17 April 2005 and its addition to his DD Form 214. 3. It appears he received the Global War on Terrorism Expeditionary Medal for his first period of service in Iraq. For his second period of service in Iraq, he received the Iraq Campaign Medal. He participated in two campaigns during his second period of service in Iraq; therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal. 4. With regard to correction of his DD Form 214 to show award of the Combat Infantryman Badge: a. He served in MOS 11B in an infantry unit in Iraq during two deployments. There is no evidence of record and he did not provide sufficient evidence to substantiate his contention that he met the criteria and was authorized award of the Combat Infantryman Badge. Specifically, there is no evidence he had direct contact with enemy forces. b. To be entitled to award of the Combat Infantryman Badge, the evidence must show the applicant must have served in active ground combat during his periods of service in Iraq. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 18 April 2002 through 17 April 2005 * deleting from his DD Form 214 the Iraq Campaign Medal * adding to this form the: * Army Good Conduct Medal (1st Award) * Army Commendation Medal * Iraq Campaign Medal with two bronze service stars 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 correction of his DD Form 214 to show 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) AR20150005922 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005922 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1