IN THE CASE OF:
BOARD DATE: 10 SEPTEMBER 2009
DOCKET NUMBER: AR20090006153
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 include the awards of the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB).
2. The applicant states that he was awarded an ARCOM while he was in Iraq around October 2007 and the unit to which he was assigned, Company A, 1st Battalion, 67th Infantry Regiment, 2nd Brigade, 4th Infantry Division was awarded the CIB.
3. The applicant provides two copies of his DD Form 214; and a State of Illinois, Department of Veterans Affairs IDVA Form 200 dated 8 April 2009.
CONSIDERATION OF EVIDENCE:
1. On 9 September 2004, the applicant enlisted in the Regular Army (RA) in St. Louis, Missouri, for 3 years and 18 weeks, in the pay grade of E-1. He successfully completed his training as an infantryman. His records show that he was transferred to Iraq on 13 November 2005.
2. The applicant was transferred to Germany on 25 September 2006 and he reenlisted in the RA for 6 years on 7 October 2006.
3. On 14 April 2008, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5-17, due to a condition, not a disability.
4. The DD Form 214 that the applicant was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon and the Overseas Service Ribbon.
5. A review of the available records does not reveal orders awarding the applicant the ARCOM or the CIB.
6. Army Regulation 600-8-22 (Military Awards) 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.
7. Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge. In pertinent part, it states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he was awarded the ARCOM and the CIB.
2. His contentions have been noted. While it is possible that the applicant may have been awarded the ARCOM and the CIB, there are no orders contained in his official record and he has not submitted any orders showing that he was awarded them.
3. Inasmuch as the applicant has failed to submit the orders showing that he was awarded the ARCOM and the CIB, these awards cannot be included on his DD Form 214 at this time.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090006153
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