IN THE CASE OF:
BOARD DATE: 11 June 2008
DOCKET NUMBER: AR20080007053
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.
2. The applicant states he served in a combat infantry unit.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 7 February 2008, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he enlisted in the Regular Army for a period of 5 years and 16 weeks on 31 August 2005. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). The highest rank/grade he attained during his military service was specialist (SPC)/E-4. He was honorably discharged on 7 February 2008.
2. The applicant's records further show that he served in Iraq in support of Operation Iraqi Freedom from 25 August 2006 to 21 November 2007. He was assigned to the Brigade Combat Team (Forward), 3rd Squadron, 2nd Armored Cavalry Regiment.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Iraqi Campaign Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon. Item 13 does not show award of the Combat Infantryman Badge.
4. Section VIII (Awards and Decorations) of the applicant's Enlisted Record Brief does not show award of the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge: an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat. Campaign or battle credit alone is not sufficient 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
The applicant's infantry MOS and/or his service in combat in support of Operation Iraqi Freedom are not in question. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was assigned to an infantry unit of brigade, regimental, or smaller size, or that he was an active participant in combat while assigned to that infantry unit. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge 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) AR20080007053
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080007053
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080000327
There is no evidence in the applicant's military service record that he participated in active ground combat. The applicant's contention that his DD Form 214 should be corrected to reflect foreign service credit and awards, decorations, badges, and/or campaign ribbons, to include award of the Combat Infantryman Badge, was carefully considered and determined to be without merit. Therefore, there is no basis to correct his records to show award of the Combat Infantryman Badge.
ARMY | BCMR | CY2007 | 20070010273
The applicant requests correction of his records to show award of the Combat Infantryman Badge. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of memorandum, dated 6 March 1992, certifying his participation during Operation Just Cause; a copy of DA Form 638 (Recommendation for Award), dated 3 April 1991, showing he was awarded the Army Commendation Medal for achievement during Operation Desert Shield; and a copy of DA Form...
ARMY | BCMR | CY2007 | 20070016540
There are no orders or other evidence in the applicants military service records that show he was awarded the Combat Infantryman Badge. The applicant contends, in effect, that his request for award of the Combat Infantryman Badge should be reconsidered because he held MOS 11B as his secondary MOS, served in duty MOS 11B, and also served in combat situations during his second tour in the RVN. There are no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2008 | 20080016771
There are no orders in the applicants service personnel records that show he was awarded the Combat Infantryman Badge. The evidence of record fails to show the applicant was awarded the Combat Infantryman Badge. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS or special forces primary duty while the unit engaged in active ground combat.
ARMY | BCMR | CY2007 | 20070008708
The applicant requests that all of the awards and decorations to which he is entitled, to include the Combat Infantryman Badge, be included on his Certificate of Release or Discharge from Active Duty (DD Form 214). However, there is no evidence in the available record, nor has he submitted any evidence to show that he served in Iraq or the exact dates of his foreign service. Without documented evidence of the dates and location of his foreign service, such as deployment and redeployment...
ARMY | BCMR | CY2007 | 20070017540
Specifically, counsel presents the following arguments: a. the Board erred in denying the applicant his CMB based on a determination that he was not assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regiment, or smaller size and that the word or is a mutually exclusive criterion that does not require the unit of attachment or assignment to be organic to an infantry unit; b. the medical officers statement and evidence that...
ARMY | BCMR | CY2008 | 20080007239
There are no general orders in the applicant's records that show he was awarded the Combat Infantryman Badge or the Combat Medical Badge. However, USARV Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge which is awarded to infantry personnel based essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units. The evidence of record shows that the applicant was awarded a medical MOS following...
ARMY | BCMR | CY2008 | 20080001020
Application for correction of military records (with supporting documents provided, if any). Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form, 2-1 (Personnel Qualification Record) does not show award of the Combat Infantryman Badge. In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2008 | 20080004623
The applicant requests award of the Combat Medical Badge and the Bronze Star Medal based on award of the Combat Medical Badge. The sole criteria that qualify medical personnel for award of the CMB is to be assigned or attached to an infantry unit engaged in active ground combat. The evidence of record shows the applicant served as a medical specialist during his service in WW II.
ARMY | BCMR | CY2012 | 20120020577
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 January 2006 * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 29 March 2012 * DA Form 2823 (Sworn Statement) * CAB orders * Excerpts from Army Regulation 600-8-22 CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman...