BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001112 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001112 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 deleting from his DD Form 214 the Iraq Campaign Medal with campaign star and adding the Iraq Campaign Medal with 2 bronze service stars. _____________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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001112 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 and a second bronze service star to be affixed to his Iraq Campaign Medal. 2. The applicant states: * he held an infantry specialty, served with an infantry unit, and actively participated in ground combat * he was awarded a single campaign star for his tour in Iraq from 2007 to 2009; he qualifies for two campaign stars * a friend from a veteran support group informed him of his qualification and he needs his records corrected to seek treatment for post-traumatic stress disorder and other combat related ailments * he deployed with 2nd Battalion, 4th Infantry Regiment, to central Baghdad from November 2007 to January 2009 * he was involved in multiple enemy engagements, small arms fire, rocket attacks, patrols, explosions, improvised explosive devices, and other engagements * he was present and actively engaged the enemy; he was involved in hundreds of patrols and met the criteria for the badge 3. The applicant provides: * Printout of campaigns in Iraq * Official Army message of Iraqi campaigns * Certificate for award of the Army Commendation Medal * Soldier Deployment History Outprocessing Report * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders for award of the Valorous Unit Award * Temporary Change of Station orders 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 signed a Reserve Officers' Training Program contract on 19 September 2001. He then enlisted in the Alabama Army National Guard on 26 October 2001. 3. He was released from the ROTC program on 21 June 2006 and ordered to active duty for a period of 3 years. He entered active duty on 13 September 2006 and held military occupational specialty (MOS) 11B (Infantryman). 4. He served in Iraq from 15 November 2007 to 10 January 2009. He was assigned to the 2nd Battalion, 4th Infantry Regiment, 4th Infantry Division (Mechanized). This unit was awarded the Valorous Unit Award for extraordinary heroism in action against the enemy from 27 November 2007 to 10 January 2009. 5. He was honorably discharged on 11 September 2009. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of active service. It also shows he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Valorous Unit Award * Army Good Conduct Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with campaign star * Army Service Ribbon * Overseas Service Ribbon * Parachutist Badge 6. He enlisted in the California Army National Guard on 14 December 2011. He was honorably discharged from the Army National Guard on 13 December 2014. 7. His service records do not contain orders awarding him the Combat Infantryman Badge. There is no indication he applied to the Army Decorations Board, U.S. Army Human Resources Command, for award of the Combat Infantryman Badge REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge: a. Paragraph 1-14(g), Eligibility for combat badges (Combat Infantryman Badge, Combat Medical Badge, and the Combat Action Badge) are not governed by time limit requirements, although these decorations must still meet eligibility requirements outlined in paragraphs 8–6 through 8–8. b. Paragraph 8–6(a) (Combat Infantryman Badge), for award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: (1) Be an infantryman satisfactorily performing infantry duties; (2) Assigned to an infantry unit during such time as the unit is engaged in active ground combat; and (3) Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. c. Paragraph 8-6(g), The Combat Infantryman Badge is authorized during certain qualifying periods, including the Global War on Terrorism (18 September 2001 to a date to be determined) (Afghanistan, Operation Enduring Freedom and Operation Freedom Sentinel; and Iraq, Operation Iraqi Freedom, Operation New Dawn, and Operation Inherent Resolve). Current awards of the Combat Infantryman Badge may be awarded by the Awards and Decorations Branch (ADB), U.S. Army Human Resources Command (HRC), and any commander in the rank of Colonel/O-6 and above when delegated wartime award approval authority by the Secretary of the Army (or his or her designee). When this authority has not been delegated, recommendations will be submitted through command channels to ADB, HRC for processing. 2. AR 15-185 (ABCMR) provides Department of the Army policy, criteria and administrative instructions regarding an applicant’s request for the correction of a military record. Paragraph 2–5 (Administrative remedies) states the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. Paragraph 2–9 (Burden of proof) states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 provides for award of the Iraq Campaign Medal. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The 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 are: * Liberation of Iraq, 19 March – 1 May 2003 * Transition of Iraq, 2 May 2003 – 28 June 2004 * Iraqi Governance, 29 June 2004 – 15 December 2005 * National Resolution, 16 December 2005 – 9 January 2007 * Iraqi Surge, 10 January 2007 – 31 December 2008 * Iraqi Sovereignty, 1 January 2009 – 31 August 2010 * New Dawn, 1 September 2010 – 31 December 2011 DISCUSSION: 1. There is no evidence the applicant was awarded the Combat Infantryman Badge or sought this award through his available administrative remedies. Current awards are submitted to and processed by ADB, HRC. The ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. The applicant has not done so. As such, the Board will not make a determination on his eligibility for the Combat Infantryman Badge at this time. 2. The applicant served in Iraq from 15 November 2007 to 10 January 2009. During this period, two campaigns were approved: Iraqi Surge (10 January 2007 to 31 December 2008) and Iraqi Sovereignty (1 January 2009 to 31 August 2010). He is eligible to wear two bronze service stars (instead of one) with his already awarded Iraq Campaign Medal. His DD Form 214 incorrectly shows one service star. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001112 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001112 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2