IN THE CASE OF:	 

		BOARD DATE:	       23 December 2008 

		DOCKET NUMBER:  AR20080012163 


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, reconsideration of his earlier request for correction of his military records to show award of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served as an infantryman in the Persian Gulf War from 17 January to 3 March 1991 with E Company, 2nd Battalion, 
16th Infantry Task Force, 1st Infantry Division (Mechanized).  When he was discharged from the Army on 28 May 1992, the Army failed to include a Combat Infantryman Badge as one of his awards on his Certificate of Release or Discharge from Active Duty (DD Form 214).  He twice requested correction of his military records, once on 21 November 2006, and again on 12 July 2007.  The applicant makes the following comments and arguments:

	a.  The Board demonstrated a gross distortion of the facts in the application that he submitted by stating that he had requested award of the Bronze Star Medal for service during Desert Storm.  

	b.  The applicant stated that he was awarded the Bronze Star Medal for his service during Desert Storm but that the Board did not consider this when it denied award of the Combat Infantryman Badge.

	c.  The Board failed to consider his application dated 12 July 2007 and only referred to his application dated 21 November 2006.

	d.  Referring to paragraph 5, page 3, of the Board proceedings, the applicant contends that the Board simply stated the obvious by saying that there were no orders in his military file awarding him the Combat Infantryman Badge.  He was performing infantryman duty during Desert Storm; was assigned to an infantry unit when it was engaged in active ground combat; and actively participated in this ground combat, as evidenced by his military occupational specialty [MOS], award of the Bronze Star Medal, and his Certificate of Commendation showing his assignment to the 1st Infantry Division.

	e.  The applicant refers to the history of the 1st Infantry Division, that he provided with his second application, saying that it shows that [his] unit attacked the enemy and that 18 Soldiers were killed during this attack, of which he was a part.

	f.  The applicant argues, in effect, that the administrative errors in his military record should not be a basis for denying him award of the Combat Infantryman Badge.  He contends that he has submitted more than enough evidence to show that he should be awarded the Combat Infantryman Badge.

	g.  The applicant also contends that the Board continues the mistakes made in his military records by ignoring the facts submitted by him and by distorting the facts submitted on his application dated 12 July 2007.

3.  The applicant provides copies of his Bronze Star Medal Certificate; Certificate of Commendation from the Commander, VII Corps, in Saudi Arabia; Board Proceedings and letter dated 26 July 2007; and his second application to this Board, with enclosures, dated 12 July 2007.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060016633 on 19 July 2007.

2.  The Bronze Star Medal Certificate is, in effect, new evidence.  The applicant has also offered additional argument.

3.  The applicant submitted his second application prior to receiving the Board's response to his first application.  Initially, he asked for award of both the Bronze Star Medal and the Combat Infantryman Badge.  He provided no supporting 
documentation with his first application.  In his second application he only requested award of the Combat Infantryman Badge, and provided copies of his Bronze Star Medal Certificate and an extract from the Winter 2007 issue of a publication titled "Duty First," showing a condensed history of the 1st Infantry History from World War I through current operations.    

4.  When the Board considered the applicant's first request, it did not have a copy of the applicant's Bronze Star Medal Certificate.  There was no documentary evidence of record showing that he had been awarded the Bronze Star Medal.  Accordingly, the applicant was informed of his option to request this award under the provisions of Section 1130, Title 10, U.S. Code.  

5.  A review of the certificate for award of the Bronze Star Medal reveals that the certificate does not contain any reference to the authorizing orders for this award.   The citation on this certificate states that the applicant's service as a member of the 2nd Battalion, 16th Infantry Task Force was meritorious and was key to the ultimate defeat of the Iraqi Army.  However, it does not specifically state that the applicant participated in actual ground combat.  

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as previously corrected on 6 August 2007, does not show award of the Bronze Star Medal or the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 

8.  The 1st Infantry Division history, provided by the applicant, shows that the 1st Infantry Division was alerted on 8 November 1990 for deployment to Iraq.  The division deployed with over 12,000 Soldiers.  It fought through 260 kilometers of enemy-held territory in 100 hours, destroying 550 enemy tanks, 480 armored personnel carriers, and taking 11,400 prisoners.  Eighteen 1st Infantry Division Soldiers were killed.  This extract does not specifically mention the applicant or the 2nd Battalion, 16th Infantry Task Force. 

9.  On 4 October 2007, the Director, ABCMR, wrote a letter to the applicant in response to his application dated 12 July 2007.  The letter stated that it had appeared that his second application had been submitted prior to his receipt of the Board's decision on his application dated 21 November 2006.  It further stated that the Bronze Star Certificate only shows that he was awarded the medal for meritorious service.  It does not provide verification that he served in actual ground combat.  Because of the short duration of the Gulf War, an automatic presumption that any one individual was engaged in battle merely because his unit was engaged in battle cannot be made.

DISCUSSION AND CONCLUSIONS:

1.  On 19 July 2007, the Board considered the applicant's initial application.  When the Board received his subsequent application dated 12 July 2007, it was obvious that the applicant had submitted it prior to receiving the Board's response to his initial request.  Therefore, his second request was administratively closed.  

2.  The Board only considered his first application.

3.  There is no available evidence of record showing that the applicant participated in actual ground combat or that he was awarded the Combat Infantryman Badge for any such service.  The certificate showing award of the Bronze Star Medal is for meritorious service and is insufficient to show that he was personally engaged in active ground combat.

4.  To make a correction to any record based on the applicant's contention that simply because an administrative error may have resulted in a loss of evidence would not be prudent.  

5.  The historical extract of the 1st Infantry Division does not provide any substantiating evidence showing that either the applicant or his unit was engaged in active ground combat.

6.  There are no available general orders showing that the applicant was awarded the Bronze Star Medal.  The certificate, provided by the applicant, showing that he was awarded the Bronze Star Medal is not sufficient by itself to base a correction of his records.

7.  In view of the above, the applicant's request should be denied.

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 to amend the decision of the ABCMR set forth in Docket Number AR20060016633, dated 19 July 2007.



      _________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)                                         AR20080012163



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ABCMR Record of Proceedings (cont)                                         AR20080012163



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