IN THE CASE OF:
BOARD DATE: 02 December 2008
DOCKET NUMBER: AR20080014002
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 Purple Heart (PH), the Combat Infantryman Badge (CIB), and the Combat Action Badge (CAB) for his service during Operation Iraqi Freedom (OIF).
2. The applicant states these awards were never posted to his 201 File.
3. The applicant provides a copy of a 26 October 2005 DA Form 2173 (Statement of Medical Examination and Duty Status) showing multi-level degenerative disk disease in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Sergeant First Class (SFC/E-7) in the U.S. Army Reserve (USAR) assigned to a Troop Program Unit (TPU).
2. The applicant served on active duty in support of OIF from 7 December 2003 through 29 March 2005. He deployed to Kuwait/Iraq during the period 10 March 2004 - 9 March 2005 where he served in military occupational specialty (MOS) 21N (Construction Equipment Supervisor) with the 980th Engineer Battalion.
3. The applicants medical records were not available for review.
4. There are no orders in the applicants records awarding him the PH, CIB, or the CAB.
5. There is no indication in the applicants records to show that he actively engaged or was actively engaged by the enemy during his service in Iraq.
6. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that:
a. The PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
b. The CIB may be awarded on or after 18 September 2001 provided a Soldier is an Army infantry or special forces officer (551 11 or 18) in the grade of colonel or below, or an Army enlisted Soldier or warrant officer with an infantry or special forces MOS, who has 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, to close with and destroy the enemy with direct fires. A Soldier must be personally present and under fire while serving in an assigned infantry or special forces primary duty, in an infantry unit engaged in active ground combat, to close with and destroy the enemy with direct fires.
c. On 2 May 2005, the Chief of Staff of the Army approved the creation of the CAB to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. The requirements for award of the CAB are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the CIB or the Combat Medical Badge (CMB). Army Regulation 600-8-22 also states that award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the CAB are not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the PH, CIB, and the CAB.
2. There are no orders awarding the applicant the PH, CIB, or the CAB. There is no evidence the applicant was wounded; he provides a DA Form 2173 for back pain attributable to degenerative disk disease. The applicant was an engineer serving in an engineer battalion; he was not an infantryman serving in an infantry unit. There is no evidence of active engagement with the enemy.
3. 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.
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.
ABCMR Record of Proceedings (cont) AR20080014002
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ABCMR Record of Proceedings (cont) AR20080014002
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