IN THE CASE OF:
BOARD DATE: 15 SEPTEMBER 2009
DOCKET NUMBER: AR20090005798
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge and a second award of the Purple Heart.
2. The applicant provides no explanation.
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's request for a second award of the Purple Heart was addressed by separate correspondence to the applicant. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
2. The applicant enlisted in the Regular Army on 28 August 2003. He served as an infantryman in Iraq from 15 August 2004 to 22 July 2005 and from 15 October 2006 to 14 December 2007. On 7 April 2008, he was released from active duty.
3. The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award. His DD Form 214 does show, among other awards, the Purple Heart as an authorized award.
4. There are no orders for the Combat Infantryman Badge in the available records. However, Headquarters, Multi-National Corps-Iraq Permanent Order 128-055, dated 8 May 2007, shows the applicant received the Purple Heart for wounds received as a result of hostile enemy action on 15 January 2007 in Iraq. These orders also show the applicant was assigned to Delta Company, 1st Battalion, 9th Infantry Regiment, 1st Brigade Combat Team, 3rd Infantry.
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:
Evidence of record shows the applicant served as an infantryman while assigned to Delta Company, 1st Battalion, 9th Infantry Regiment, 1st Brigade Combat Team, 3rd Infantry during his second assignment in Iraq. In addition, the applicant was awarded the Purple Heart for wounds received as a result of hostile enemy action on 15 January 2007. Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.
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:
a. awarding him the Combat Infantryman Badge; and
b. adding the Combat Infantryman Badge on his DD Form 214.
_______ _ __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) AR20090005798
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ABCMR Record of Proceedings (cont) AR20090005798
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