IN THE CASE OF:
BOARD DATE: 24 FEBRUARY 2009
DOCKET NUMBER: AR20090001126
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 Combat Infantryman Badge.
2. The applicant states that he was an infantryman serving in a combat zone in Afghanistan. He believes that this service should make him eligible for the Combat Infantryman Badge.
3. The applicant provides a copy of his DD Form 214; a Statement of Wartime Service; and an award certificate for the Non Article 5 NATO [North Atlantic Treaty Organization] Medal in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior service in the Army National Guard, the applicant was ordered to active duty on 1 March 2006 in support of Operation Enduring Freedom. His DD Form 214 shows that he served in Afghanistan from 9 June 2006 to 2 June 2007. On 9 July 2007, the applicant was released from active duty.
2. The applicants DD Form 214 does not show the Combat Infantryman Badge as an authorized award.
3. There are no orders for the Combat Infantryman Badge in the available records.
4. In support of his claim, the applicant provided a Statement of Wartime Service, dated 14 April 2007, which states in pertinent part, that he was deployed to Afghanistan from 31 January 2007 to 14 April 2007 and that he was assigned to Headquarters, Joint Logistics Command.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. 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, 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:
There are no orders for the Combat Infantryman Badge in the applicants service personnel records. Although the evidence of record shows the applicant served as an infantryman during his assignment in Afghanistan, the Statement of Wartime Service provided by the applicant shows he was assigned to Headquarters, Joint Logistics Command in Afghanistan. There is no evidence of record and he provides no evidence which shows he was assigned to an infantry unit that engaged in active ground combat or that he was personally present and under hostile fire in Afghanistan. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
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) AR20090001126
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ABCMR Record of Proceedings (cont) AR20090001126
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