IN THE CASE OF:
BOARD DATE: 30 OCTOBER 2008
DOCKET NUMBER: AR20080012143
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he was awarded the CIB and it is not annotated on his DD Form 214. He also states that he served in Iraq with
C Company, 3rd Battalion, 15th Infantry, 3rd Infantry Division and with
A Company, 64th Infantry, 3rd Infantry Division.
3. The applicant provides a copy of his DD Form 214; a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); and a copy of a photograph which he states is of him receiving the CIB.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army from 22 August 2002 through
30 April 2006. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman). He attained the grade of specialist/E-4.
2. The applicant served in Kuwait/Iraq from 1 September 2002 through
26 August 2003, and from 22 January 2005 through 10 January 2006. He was assigned to A Company, 1st Battalion, 64th Armor Regiment during his second tour of duty in Iraq. He indicates he was assigned to C Company, 3rd Battalion, 15th Infantry during his first tour of duty in Iraq. However, the available evidence does not clearly show where he was assigned during his first tour.
3. A thorough review of the applicant's official record maintained on the Integrated Personnel Electronic Records Management System (iPerms) failed to show any orders awarding the applicant the CIB.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was awarded the CIB and that it is not annotated on his DD Form 214.
2. The available evidence shows that he was in Iraq on 2 occasions:
1 September 2002 through 26 August 2003, and from 22 January 2005 through 10 January 2006.
3. The CIB is awarded to infantryman satisfactorily performing infantry duties, who are assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who must actively participate in such ground combat.
Although the applicant contends that he was awarded the CIB, there is no corroborating evidence in his official military record. Further, there is no evidence that he actively participated in ground combat, a requirement for award of the CIB.
4. Given the regulatory guidance above, the available evidence fails to establish the applicant's entitlement to the CIB. Therefore, there is no justification for award of the CIB. The Board wants the applicant and all others concerned to 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.
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.
_______ _XXX _______ ___
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.
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