IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004364 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004364 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 the period 22 February 2007 through 21 February 2010. 2. The Board further determined 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 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. IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004364 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 add the Army Good Conduct Medal (AGCM) (1st Award) and the Combat Infantryman Badge (CIB.) 2. The applicant states he served on active duty without any disciplinary action for three years and did not receive his AGCM (1st Award). In addition, he served in direct combat and never received his CIB orders or badge. He recently found out that he qualified for these awards. 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 for timely filing. 2. On 22 February 2007, the applicant enlisted in the Regular Army and was awarded military occupational specialty (MOS) 11B (Infantryman). 3. The applicant’s Enlisted Record Brief shows he was assigned to Company B, 2nd Battalion, 69th Armor Regiment, Fort Benning, GA, from 26 September 2007 to 13 November 2008. 4. The evidence of record shows the applicant received an Army Commendation Medal (ARCOM) for the period 9 September 2007 to 11 June 2008, while assigned to Company B, 2nd Battalion, 69th Armor Regiment for exceptionally meritorious service during Operation Iraqi Freedom (OIF) V while serving as a rifleman. 5. A DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows a PEB convened on 29 January 2010. The form notes that the applicant was deployed to Iraq from September 2007 through May 2008. The PEB found the applicant was unfit for further military service due to an anxiety disorder and a torn right rotator cuff. The form does not show the medical conditions were related to hostile action while engaged in ground combat with enemy forces while serving in Iraq. The PEB also found the applicant's disability was not based on a disability from an injury or disease received in the line of duty as a direct result of armed conflict nor did the injury result from a combat related injury. 6. On 23 April 2010, the applicant was transferred to the temporary disability retired list. His DD Form 214 shows: a. item 12c (Net Active Service This Period) – he completed 3 years, 2 months, and 2 days of active service, b. item12f (Foreign Service) – he was credited with 8 months and 15 days of foreign service, c. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * ARCOM * Army Achievement Medal (AAM) * National Defense Service Medal (NDSM) * Global War on Terrorism Service Medal (GWOTSM) * Iraq Campaign Medal (ICM) with campaign star * Army Service Ribbon * Overseas Service Ribbon d. item 18 (Remarks) – "SERVICE IN IRAQ 20070908 – 20080522." 7. There is no available evidence of record that shows the applicant was recommended for or awarded the CIB. 8. His record does not contain any derogatory information or a commander's disqualification that would preclude him from being recommended for or awarded the AGCM (1st Award) during his period of active duty service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, AGCM, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. It 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 AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active 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 of less than 3 years but more than 1 year. Although there is no automatic entitlement to the AGCM, disqualification must be justified. 2. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the AGCM (1st Award) and the CIB was carefully considered. 2. The evidence of record shows the applicant was awarded MOS 11B and was serving as an Infantryman while assigned to Company B, 2nd Battalion, 69th Armor Regiment, during his service in Iraq in support of OIF for the period 8 September 2007 to 22 May 2008. However, the evidence of record is void of evidence showing he actively participated in ground combat during his OIF deployment. 3. His PEB does not show that any of his medical conditions were related to hostile action while engaged in ground combat with enemy forces while serving in Iraq. 4. The evidence of record confirms that the applicant served honorably from 22 February 2007 to 23 April 2010, a period of 3 years, 2 months, and 2 days. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004364 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004364 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2