IN THE CASE OF:
BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090012606
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.
2. The applicant states that he earned this award during his first deployment to Iraq from 20 January 2003 to 26 August 2003 while attached to the 3rd Battalion, 7th Infantry, 3rd Infantry Division. He adds that his battalion commander issued a blanket order to all infantry Soldiers.
3. The applicant did not provide any additional documentary evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he enlisted in the Regular Army for a period of 3 years on 8 March 2002. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He was honorably released from active duty in the rank/grade of specialist/E-4 on 30 April 2006 and transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.
3. The applicant's records also show he served in Kuwait/Iraq from 20 January 2003 to 26 August 2003 and from 20 January 2005 to 24 January 2006. He was assigned to the 3rd Battalion, 7th Infantry, 3rd Infantry Division, Fort Stewart, GA.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 April 2006, shows he was awarded the Army Commendation Medal, the Presidential Unit Citation, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Iraq Campaign Medal. Item 13 does not show award of the Combat Infantryman Badge.
5. The applicant's records do not contain permanent orders awarding him the Combat Infantryman Badge.
6. The applicant's records further show he enlisted in the Georgia Army National Guard (ARNG) on 1 May 2006. He was subsequently ordered to active duty on 10 October 2006 and served in Kuwait/Iraq from 21 October 2006 to 13 April 2007. He was honorably released from active duty to the control of his ARNG unit on 8 May 2007.
7. Item 13 of the applicant's DD Form 214, dated 8 May 2007, shows he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Overseas Service Ribbon (2nd Award), and the Armed Forces Reserve Medal with "M" Device. Item 13 does not show award of the Combat Infantryman Badge.
8. 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 MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.
2. The applicant's infantry MOS and his assignment to an infantry unit during his service in Iraq are not in question. However, his records do not contain permanent orders awarding him the Combat Infantryman Badge. Additionally, there is no evidence in the available records and the applicant did not submit sufficient evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.
3. Notwithstanding the applicant's sincerity regarding his entitlement to this badge, in the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon 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.
__________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) AR20090012606
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012606
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001362
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal with arrowhead device for his service in Iraq while assigned to 2nd Platoon, Company B, 3rd Battalion, 7th Infantry Regiment, 3rd Infantry Division. Therefore, his record should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110009631
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service in support of Operation Iraqi Freedom (OIF) * award of the Bronze Star Medal and Global War on Terrorism Expeditionary Medal 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to...
ARMY | BCMR | CY2011 | 20110000028
A DA Form 638 (Recommendation for Award) that states during the period 26 January 2005 through 25 January 2006 the applicant " distinguished himself in providing support and security to the Cottonbaler Battalion, Iraqi Security Forces, Coalition Forces " The proposed citation was "For courageous service reflect great credit upon himself and the Cottonbaler Battalion 4th Brigade, Combat Team " The certificate for the Army Commendation Medal for approximately the same period states the Army...
ARMY | BCMR | CY2012 | 20120011573
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge. The applicant states he was awarded the Combat Infantryman Badge but it is not shown on his DD Form 214 or Enlisted Record Brief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting from his DD Form 214 dated 11 October 2011 the Army Commendation Medal * Adding to his...
ARMY | BCMR | CY2009 | 20090019686
The applicant provides copies of a personal statement, a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DD Form 214 (Certificate of Release or Discharge from Active Duty), a command endorsement for award of the Combat Action Badge, and an 8-page packet of military documents related to a 20 December 2003 improvised explosive device incident. Based on the above facts and findings, it is appropriate to correct the applicant's records to show that in addition...
ARMY | BCMR | CY2012 | 20120018513
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Combat Patch * Expert Infantryman Badge * Army Good Conduct Medal * Army Achievement Medal (4th Award) * Correct place of entry [on active duty] * Correct foreign service 2. Therefore, it would be appropriate to award him the Army Good Conduct Medal (2nd Award) for the period 18 January 1999 through 17 January 2002 based on completion of a qualifying period of active Army...
ARMY | BCMR | CY2012 | 20120007938
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal with the proper service star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: * deleting the entry "SOLDIER SERVED IN OPERATION ENDURING/IRAQI...
ARMY | BCMR | CY2012 | 20120001371
The evidence of record shows during his deployments to Kuwait and Iraq he participated in four campaigns. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from the applicant's DD Form 214 the Iraq Campaign Medal; and b. adding to his DD Form 214 the Valorous Unit Award and Iraq Campaign Medal with four bronze service stars. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2008 | 20080008228
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicants records and the applicant did not provide any substantiating evidence that shows he actively engaged or was engaged by the enemy. Therefore, there is insufficient evidence to award the applicant the Combat Action badge in this case.
ARMY | BCMR | CY2011 | 20110008499
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Parachutist Badge, Ranger Tab, Combat Infantryman Badge, Overseas Service Ribbon, and Iraq and Afghanistan Campaign Medals in addition to adding his Ranger Indoctrination Program training and any other awards and decorations to which he is entitled. The applicant's request to correct his DD Form 214 to show award of the Parachutist Badge, Ranger Tab, Combat...