ABCMR Record of Proceedings (cont) AR20060008113
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE:17 January 2007
DOCKET NUMBER: AR20060008113
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun / DirectorMr. Jessie B. Strickland / Analyst
The following members, a quorum, were present:
Mr. John Meixell / ChairpersonMr. William Powers / Member
Mr. Roland Venable / Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
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ABCMR Record of Proceedings (cont) AR20060008113
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his report of separation (DD Form 214) be corrected to reflect awards of the Combat Infantryman Badge (CIB), the Expert Infantryman Badge (EIB), the Ranger Tab, the Overseas Service Bar, the Army Commendation Medal (ARCOM), and any other awards to which he is entitled.
2. The applicant states, in effect, that he believes he is entitled to have those awards reflected on his records because he deployed in support of Operations Enduring Freedom and Iraqi Freedom on multiple occasions.
3. The applicant provides a copy of his DD Form 214, copies of orders awarding him the EIB, the Ranger Tab, the ARCOM for the period of 12 through 27February 2003 and memorandums for record from his unit indicating that he deployed to Afghanistan during the period of 29 December 2001 to 6 April 2002 in support of Operation Enduring Freedom, that he deployed from 22 September through 25 October 2002 in support of Operation Enduring Freedom, that he deployed from 12 March through 28 April 2003 and 30 March through 3 July 2004 in support of Operation Iraqi Freedom, and that he is entitled to one Overseas Service Bar.
CONSIDERATION OF EVIDENCE:
1. The applicant’s records, though somewhat incomplete, show that he was born on 30 December 1976 and enlisted in the Regular Army in Buffalo, New York on 15 September 2000. He successfully completed his one-station unit training (OSUT) and airborne training at Fort Benning, Georgia and was awarded the military occupational specialty of a light weapons infantryman. He completed his ranger training at FortBenning and was awarded the Ranger Tab on 13September 2002. Upon completion of his ranger training he was transferred to Hunter Army Airfield, Georgia, where he was assigned to A Company, 1st Battalion, 75th Ranger Regiment.
2. On 9 April 2002, he was awarded the ARCOM for the period of 29 December 2001 to 5 April 2002 for meritorious achievement as a rifleman in combat operations in Afghanistan.
3. He deployed in support of Operation Enduring Freedom during the period of 22 September through 25 October 2002. He was advanced to the pay grade of E-4 on 15 October 2002 and was awarded the EIB on 27 February 2003.
4. He deployed in support of Operation Iraqi Freedom during the period of 12March through 28 April 2003 and he was promoted to the pay grade of E-5 on 1 February 2004. He deployed in support of Operation Enduring Freedom during the period of 30 March through 3 July 2004.
5. On 19 April 2005, he was discharged under honorable conditions in the pay grade of E-1, under the provisions of Army Regulation 635-200, paragraph 14-12C(2) for misconduct. He had served 4 years, 7 months, and 5 days of total active service and his DD Form 214 issued at the time of his discharge indicates that he was awarded the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, and the Parachutist Badge.
6. A review of the available records shows that the applicant was deployed for 14 months in support of Operations Enduring Freedom and Iraqi Freedom as qualifications for the Overseas Service Bars are calculated. However, his records fail to show that he was ever engaged in combat or that he was awarded the CIB.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
8. Army Regulation 670-1 (Uniforms and Insignia), governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. The provision in effect at the time provides that one overseas service bar is authorized for each 6-month period of service as a member of a United States service participating in Operations Enduring Freedom and Iraqi Freedom. Service for a period less than 6 months in duration may be combined with other periods that meet the requirements for award of the overseas service bar to determine the total number of overseas service bar authorized. Any portion of a month served counts as a whole month.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was awarded the EIB, the Ranger Tab, and the ARCOM. Accordingly, those awards should be added to his DD Form 214 at this time.
2. The evidence also shows that the applicant was credited with 14 months overseas in the area of operation in support of Operations Enduring Freedom and Iraqi Freedom. Therefore, he is entitled to the award of two overseas service bars and to have those added to his DD Form 214 as well.
3. However, the evidence of record fails to show that the applicant was awarded the CIB or that he is entitled to be awarded the CIB. Therefore, in the absence of evidence to show that he engaged the enemy in combat during his role as an infantryman in support of Operations Enduring Freedom and Iraqi Freedom, there appears to be no basis to award him the CIB at this time.
BOARD VOTE:
______GRANT FULL RELIEF
__JM ______WP__ ___RV__ 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 showing that he was awarded the EIB, the Ranger Tab, the ARCOM, and by awarding him two overseas service bars.
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 award if the CIB.
_____ John Meixell______
CHAIRPERSON
INDEX
CASE ID / AR20060008113SUFFIX
RECON / YYYYMMDD
DATE BOARDED / YYYYMMDD
TYPE OF DISCHARGE / (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE / YYYYMMDD
DISCHARGE AUTHORITY / AR . . . . .
DISCHARGE REASON
BOARD DECISION / (partial GRANT)
REVIEW AUTHORITY
ISSUES 1.107.0000 / 46/de
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