BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090000703 


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 two separate applications, that he be awarded the Combat Infantryman Badge and the Army Commendation Medal for meritorious service while in Baghdad, Iraq.

2.  The applicant states that the incident which led to receipt of nonjudicial punishment occurred after he engaged in combat with enemy forces.  He states that he has since been honorably discharged from the Army and has been diagnosed with post traumatic stress disorder rated at 70 percent by the Department of Veterans Affairs (VA).  He states that he has a combined service-connected disability rating of 100 percent from the VA.  He states that he believes that it was an unjust, immoral decision that was made at the discretion of a colonel who stripped him of his Combat Infantryman Badge and his Army Commendation Medal for treating a noncommissioned officer with contempt (disrespect).  He states that once he returned from Iraq, he tried desperately to be awarded the Combat Infantryman Badge and the Army Commendation Medal through his chain of command; however, he was denied once again by the same colonel.  He states that he believes that his punishment did not fit the crime and that perhaps corrective training would have been a better tool to use to fit the punishment.

3.  The applicant provides an undated statement addressed to whom it may concern; a memorandum for record, dated 19 February 2006, from a 1st Cavalry Division platoon sergeant; a letter from the VA, dated 1 August 2008, showing that he has been awarded a 90-percent service-connected disability rating; a copy of his VA Corporate Award and Rating Data; a letter, dated 24 December 2004, from a Headquarters and Headquarters Company, 1st Battalion, 53rd Infantry Regiment, first lieutenant attesting that the applicant is deserving of the Combat Infantryman Badge; a DA Form 2823 (Sworn Statement), dated 5 October 2005, from an individual who contends that he was present when the applicant received enemy small arms fire; a self-authored DA Form 2823, dated 30 September 2005, stating he had been directly engaged by enemy forces; a copy of an incomplete DA Form 4187-1-R (Personnel Action Form Addendum); a copy of an unsigned DA Form 4187 (Personnel Action); a memorandum for record, dated 15 October 2005, from the Commander, Company B, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, stating that the applicant meets the criteria for award of the Combat Infantryman Badge; a copy of a certificate awarding him the 1st Cavalry Division Combat Patch; and a letter authored by his mother, dated 29 August 2005, addressed to his commanding officer.

CONSIDERATION OF EVIDENCE:

1.  On 13 March 2003, the applicant enlisted in the Regular Army in Houston, Texas, for 3 years in the pay grade of E-2.  He successfully completed his training as an infantryman.

2.  After he completed 3 years of net active service, the applicant was honorably released from active duty (REFRAD) on 12 March 2006 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, upon completion of his required service.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Iraq Campaign Medal.

4.  His DD Form 214 also shows that he had service in Iraq from 16 March 2004 through 18 March 2005.

5.  A review of the available records does not show that orders were ever published awarding the applicant the Army Commendation Medal or the Combat Infantryman Badge.

6.  The applicant provides a memorandum, dated 24 December 2004, from an infantry officer with Headquarters and Headquarters Company, 1st Battalion, 53rd Infantry Regiment, stating that the applicant is deserving of the Combat Infantryman Badge.  The officer stated that the applicant became part of his team in Baghdad, Iraq, in July 2004 and had given outstanding performance as a gunner, driver, radio telephone operator, and rifleman.  He stated that the applicant had been directly engaged by enemy forces to include small arms, grenades, and rocket-propelled grenades.  He stated that the applicant returned accurate fire and that he eliminated the enemy threat.

7.  The applicant also provides a memorandum from the Commander, Company B, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, dated 15 October 2005, stating that the applicant meets the criteria for award of the Combat Infantryman Badge.  He stated that the applicant’s former chain of command refused to award him the Combat Infantryman Badge due to disciplinary issues.  He recommended that the applicant be awarded the Combat Infantryman Badge.

8.  In a memorandum for record, dated 19 February 2005, from a platoon sergeant with Company B, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, he stated that the applicant deployed and served in Operation Iraqi Freedom from 17 March 2004 through 16 March 2004 and he verified what the applicant’s duties were in Iraq.  He stated that the applicant came under fire on numerous occasions, closing with and engaging enemy combatants.

9.  The DA Form 2823, dated 5 October 2005, reiterates the information contained in the three memoranda that were submitted by the applicant.  It is noted that only the memorandum dated 24 December 2004 contains a signature.  Neither the DA Form 4187 nor the DA Form 4187-1-R that he submitted in regard to the award of the Combat Infantryman Badge contain signatures.

10.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

11.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge.  That paragraph states 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 have 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.

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Title 10, U.S. Code, section 1130, provides that the Service concerned will review a proposal for the award of or upgrading of a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of the requested awards and decorations rests with the requester.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Combat Infantryman Badge and the Army Commendation Medal.

2.  His contentions have been noted pertaining to award of Army Commendation Medal.   As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Commendation Medal.  Therefore, there is insufficient evidence to grant the applicant the requested relief.

3.  However, while the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  Based on the available information and the applicable regulation, the applicant is eligible for award of the Combat Infantryman Badge.  The available records show that he was serving in an infantryman military occupational specialty in an infantry regiment engaged in ground combat while in Iraq.  Therefore, based on his records, he should be awarded the Combat Infantryman Badge.

5.  During a review of the applicant’s case, it was determined that he is entitled to an additional ribbon that is not shown on his DD Form 214.  He is entitled to the Overseas Service Ribbon and this award should also be included on his DD Form 214.

6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge for serving in Iraq in the rank of private/pay grade E-2 effective 24 December 2004 and by awarding him the Overseas Service Ribbon and adding these awards to his DD Form 214.



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Army Commendation Medal.



      _____________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)                                         AR20090000703



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ABCMR Record of Proceedings (cont)                                         AR20090000703



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