IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070012144 


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 (CIB).

2.  The applicant states, in effect, he should have been awarded the CIB because he was sent to Iraq in March 2003 to June 2003.  He went to Iraq several times, but he signed a security non disclosure agreement.

3.  The applicant provides no additional documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's available record shows that he enlisted in the Regular Army and entered active duty on 14 September 2000.  He was trained in, awarded, and served in MOS 11B (Infantryman).  On 14 November 2003, the applicant reenlisted in the Regular Army.  The highest rank he attained while serving on active duty was pay grade E-5.

2.  The applicant's available record is void of any orders or other documents indicating that he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  

3.  The applicant's limited record shows he served in Iraq with his unit from 
28 February 2003 through 22 June 2003, and he served in Afghanistan from 
7 November 2003 through 9 December 2003 and from 30 June 2004 to 

10 October 2004.  On 17 August 2006, he was honorably released from active duty under the provisions of Army Regulation 635-200, Paragraph 5-16 to attend civilian school. The DD Form 214 he was issued at the time shows he completed a total of 5 years, 11 months, and 4 days of active military service.  Item 13 shows he earned the following awards:  Army Commendation Medal (2nd Award), Army Achievement Medal, Good Conduct Medal, National Defense Service the Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Ranger Tab, Canada Parachutist Badge, Jordanian Parachutist Badge, Israeli Defense Force Parachutist Badge, Yemen Parachutist Badge, Overseas Service Bar.  The CIB is not included in the list of authorized awards contained in Item 13, and the applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated) on the date of his separation.  

4.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge may be awarded to infantry and special forces commissioned officers (in the grade of colonel or below), warrant officers, and enlisted Soldiers with an infantry or special forces MOS.  They must have satisfactorily performed duty while assigned or attached as a member of an infantry, Stryker, ranger, or Special Forces unit of brigade, regimental, or smaller size, or an advisor in an equivalent coalition unit.  A Soldier must be 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).

6.  Paragraph 2-4 of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 13 show that the awards entered will be for all periods of service (i.e., with a "thru date" up to, and including, the effective date of separation) and instructs the preparing official to check the Soldier's military service records for the validity of awards.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record confirms that the applicant served in Iraq from 28 February to 22 June 2003, and in Afghanistan from 7 November to 
9 December 2003 and from 30 June to 10 October 2004.  The applicant held and served in an infantry MOS and served in a qualifying infantry unit.  However, there is no evidence in the available record that shows he was personally present and participated with his unit while the unit was engaged in ground combat with enemy forces.

2.  Further, the applicant's available military records are void of any orders or other documents that indicate he was ever recommended for, or awarded the CIB by proper authority while serving on active duty.  In addition, the CIB is not included in the list of authorized awards contained in Item 13 of his DD Form 214, and the applicant authenticated this document with his signature on the date of his separation.  In effect, his signature was his verification that the information contained on the DD Form 214, to include the list of awards contained in Item 13, was correct at the time the separation document was prepared and issued.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records to show award of the CIB.

3.  The regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20070012144



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ABCMR Record of Proceedings (cont)                                         AR20070012144



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