IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080008202
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 (CIB).
2. The applicant states, in effect, his record should include the CIB.
3. The applicant provides a copy of his 3 May 2005 separation document
(DD Form 214) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that on 12 October 2003, while serving in the Arkansas Army National Guard (ARNG), the applicant was ordered to active duty in support of Operation Iraqi Freedom.
2. The applicant's Official Military Personnel File (OMPF) shows that at the time he was ordered to active duty, the applicant was assigned to Company D, 1st Battalion, 153rd Infantry Regiment, and held the rank of specialist (SPC) in MOS 11B (Infantryman). 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. On 3 May 2005, the applicant was honorably released from active duty (REFRAD) and returned to his ARNG unit after completing 1 year, 6 months, and 22 days of active military service during the period.
4. The DD Form 214 he was issued at the time shows that during his active duty service between 12 October 2003 and 3 May 2005, the applicant served in Iraq from 19 June 2004 through 7 March 2005. It also shows that he earned the National Defense Service Medal, Army Service Ribbon, Armed Forces Reserve Medal with "M" (Mobilization) Device, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal. 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 REFRAD.
5. 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.
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 REFRAD. 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 Iraq 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.
5. The applicant and all others concerned should know that this decision 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.
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) AR20080008202
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ABCMR Record of Proceedings (cont) AR20080008202
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