IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20070015065 


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, in effect, award of the Combat Infantryman Badge to be recognized on his Certificate of Release or discharge from Active Duty (DD Form 214).

2.  The applicant states, in effect, that he was an Infantryman (11B).  He was in the theater of combat for 6 months.  He served in Afghanistan from March thru August 2002.  He adds that his battalion received theirs but he did not.  He finally states that he has been having problems with DOD and DOA, finding his records; he has already contacted his congressman.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 7 July 1991 and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 9 October 1992.

CONSIDERATION OF EVIDENCE:

1.  The applicant's available military service records show that he enlisted in the U.S. Army on 28 November 2001.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).  

2.  The applicant's Official Military Personnel File (OMPF) shows that he was assigned to Company D, 3d Battalion, 187th Infantry Regiment, and held the rank of private first class (PFC).  His OMPF is void of any orders or other documents that indicate he was recommended for or awarded the CIB by proper authority during his active duty tenure.  

3.  The applicant's military record shows that he was discharged on 25 March 2003, under Army Regulation 635-200, Paragraph 5-17, with a discharge under honorable conditions (General), after serving 1 year, 3 months and 28 days of active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, shows that he was awarded the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Bar, the Expert Badge (M-16) with Rifle, the Expert Badge with and Grenade.  Item 18 (Remarks), in pertinent part, shows the applicant served in Afghanistan from 6 March 2002 - 10 August 2002.  The CIB was not included in the list of awards contained on the DD Form 214, and the applicant authenticated this separation document with his signature in Item 21 (Signature of Member Being Separated) on the date of his separation.  

4.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB. It states, in pertinent part, that there are three basic requirements for the CIB.  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 present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The regulation stipulates that combat service and campaign participation alone does not qualify a member for the CIB.  

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 established 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), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

6.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedent.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should include the CIB was carefully considered.  However, by regulation, in order to support award of the CIB, there must not only be evidence that the member held and served in an infantry MOS in a qualifying infantry unit, but also that the member was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. 

2.  The applicant's record is void of any indication that he or his unit ever participated in combat missions requiring closure with and engagement with enemy forces.  Further, his 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.  In addition, the CIB is not included on the list of awards contained on the applicant's DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his signature was his verification that the information contained on the separation document, to include the list of awards, was correct at the time the separation document was prepared and issued.  

3.  Absent any evidence that the applicant was present and participated with the unit while it was engaged in active ground combat with enemy forces, the regulatory burden of proof necessary to support award of the CIB has not been satisfied and it would not be appropriate or serve the interest of all those who served in Afghanistan and who faced similar circumstances to grant the requested relief in this case. 

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 or that would support amendment of the original Board decision in this case.  
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)                                         AR20070015065



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ABCMR Record of Proceedings (cont)                                         AR20070015065



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