IN THE CASE OF:	  

		BOARD DATE:	       3 February 2009

		DOCKET NUMBER:  AR20080016119 


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 reconsideration of an earlier request that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge.

2.  The applicant states that he was awarded the Combat Infantryman Badge but it is not on his DD Form 214.  

3.  The applicant provides a letter, dated 16 September 2008, from a retired lieutenant colonel who awarded him the Combat Infantryman Badge; an excerpt from Army Regulation 600-8-22 (Military Awards) pertaining to the Combat Infantryman Badge; an email, dated 15 September 2008; and a Basic AD HOC Query Report in support of his application. 

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 AR20080004984, on 5 June 2008.

2.  The applicant provided a letter, dated 16 September 2008, from a retired lieutenant colonel who awarded him the Combat Infantryman Badge.  The retired lieutenant colonel states that the applicant is a combat veteran of Operation Desert Storm and that the applicant served with the 1st Squadron, 3d Armored Cavalry Regiment in its attack into Iraq in the winter of 1991.  He indicates that while assigned as Executive Officer, 1st Squadron, 3d Armored Cavalry Regiment in the summer of 1991, he awarded the applicant the Combat Infantryman Badge for his performance in combat in Operation Desert Storm.  The retired lieutenant colonel also states that he served as a Regimental S4 officer for Operation Desert Storm and that he entered into Iraq after the 
1st Squadron of which the applicant was a part.  He further states that although he did not know the applicant at the time of Operation Desert Storm he is certain that the applicant would not have been awarded the Combat Infantryman Badge if he had not been in Iraq with the squadron, that he never heard anything that was suspect about the applicant's service in Operation Desert Storm, and that if the Combat Infantryman Badge had been awarded in error he would certainly have known since all personnel actions were under the direct supervision of the squadron Executive Officer.

3.  The applicant also provided a copy of an AD HOC Query Report that certifies his deployment during Operation Desert Shield/Storm under hostile conditions.

4.  The new evidence provided by the applicant will be considered by the Board.

5.  The applicant enlisted in the Regular Army on 6 April 1988 for a period of 
4 years.  He was awarded MOS 11C.  He served in MOS 11C assigned to 
1st Squadron, 3d Armored Cavalry Regiment in Southwest Asia from 1 October 1990 through 18 March 1991.  On 1 March 1992, he was released from active duty. 

6.  The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

7.  There are no orders for the Combat Infantryman Badge in the available records.

8.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge, and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991.  These paragraphs state that there are basically three requirements for award of the Combat Infantryman Badge.  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 and 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.  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:

1.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.  Although the evidence of record shows the applicant served as an infantryman during his assignment in Southwest Asia, there is no evidence of record which shows he was personally present and under hostile fire in Southwest Asia.  

2.  Although the retired lieutenant colonel stated that he awarded the Combat Infantryman Badge to the applicant in the summer of 1991, he does not offer any explanation as to why the award was not announced in orders.  Such orders would have served as confirmation that the Combat Infantryman Badge was approved by competent authority.  Additionally, while the retired lieutenant colonel notes the applicant entered Iraq as part of the 1stt Squadron, 
3rd Armored Cavalry Regiment he does not confirm that the applicant was  personally present and under hostile fire at any time after entering the combat theater, a key element for award of the Combat Infantryman Badge.

3.  In the absence of orders, or evidence confirming the applicant was personally present and under hostile fire, and not merely part of a ground combat unit which entered Iraq during Desert Storm, the photograph of an awards ceremony and statement from the officer which presented the award is, unfortunately, not sufficient to confirm the applicant’s entitlement to the Combat Infantryman Badge.

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 AR20080004984, dated 5 June 2008.




      _______ _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)                                         AR20080016119





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ABCMR Record of Proceedings (cont)                                         AR20080016119



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