IN THE CASE OF:
BOARD DATE: 12 MARCH 2009
DOCKET NUMBER: AR20080019060
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, that Permanent Orders 248-022 dated 4 September 2008 be revoked and removed from his official military personnel file (OMPF).
2. The applicant states that he was awarded the Combat Infantryman Badge (CIB) in Permanent Orders 357-05 issued by Headquarters, 3d Infantry Division, in Iraq on 23 December 2005. However, orders were issued on 4 September
2008 that again awarded him the CIB and now both orders are filed in his OMPF. He goes on to state that he has attempted to have the last order removed to no avail and because he is currently deployed to a remote location in Afghanistan it becomes even more difficult. Additionally, he does not want the presence of an improper order to negatively influence the upcoming sergeant first class promotion board.
3. The applicant provides no supporting documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 September 1995 for a period of 4 years and training as a light weapons infantryman. He successfully completed his training and has remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-6 on 1 September 2002.
2. On 23 December 2005, Permanent Orders 357-05 were issued by Headquarters, 3d Infantry Division, in Iraq which awarded the applicant the CIB effective 29 July 2005.
3. On 4 September 2008, Permanent Orders 248-022 were issued by Task Force Duke, 3d Brigade Combat Team, 1st Infantry Division, in Afghanistan which awarded the applicant the CIB effective 1 September 2008.
4. A review of the applicant's OMPF shows that both orders are filed in his OMPF. However, his OMPF also shows that on 30 December 2008,
Orders 366-001, issued by Task Force Duke in Afghanistan, revoked Permanent Orders 248-022. Both the original order and the revocation are filed in his OMPF.
5. 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 military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. The regulation also states: "To date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of three conflicts: World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict. Service in the Republic of Vietnam conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (after 4 January 1969), Grenada (23 October 1983 to 23 November 1983), Panama (20 December 1989 to 31 January 1990), the Persian Gulf War (17 January 1991 to 11 April 1991), and the War on Terrorism (5 December 2001 to a date to be determined) is recognized by one award only, regardless of whether a Soldier had served one or multiple tours in any or all of these areas.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the second award of the CIB should be revoked and removed from his OMPF has been noted and found to have merit.
2. The applicable regulations state that only one award of the CIB is authorized for designated periods and the applicant has been awarded two awards for the same period of authorization.
3. Accordingly, Permanent Orders 248-022 issued by Task Force Duke, 3d Brigade Combat Team, 1st Infantry Division, on 4 September 2008, and Orders 366-001, which revoked the second award of the CIB, should be removed from the applicant's OMPF as they serve no useful purpose and would only serve to confuse anyone viewing his OMPF.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing Permanent Orders 248-022 issued by Task Force Duke, 3d Brigade Combat Team, 1st Infantry Division, on 4 September 2008, and Orders 366-001 issued by Task Force Duke, 3d Brigade Combat Team, 1st Infantry Division, on 30 December 2008, which revoked the second award of the CIB from his OMPF.
_________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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