IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090014327
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 that award of the Combat Infantryman Badge (CIB) and the Expert Infantryman Badge (EIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that the CIB and EIB are not recorded on Member-4 copy of his DD Form 214 or any other DD Form 214.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants complete service personnel record is not available. His DD Form 214 shows he enlisted in the Regular Army on 31 July 2003 and was awarded military occupational specialty 11B (infantryman).
2. The applicants Enlisted Record Brief shows he was assigned to Company B, 1st Battalion, 75th Infantry.
3. His DD Form 214 shows he participated in Operation Enduring Freedom (OEF) in Afghanistan from 15 May 2004 to 2 July 2004 and Operation Iraqi Freedom (OIF) from 4 January 2005 to 9 April 2005 and 4 October 2005 to 12 January 2006.
4. There are no orders which show the applicant was awarded the CIB or the EIB. Section VIII on his Enlisted Record Brief does not list award of the CIB or the EIB.
5. The applicant was honorably released from active duty on 30 July 2006. His DD Form 214 does not show the CIB or the EIB as an authorized awards.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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. This regulation states that the CIB is authorized for award for service in Afghanistan (OEF) from 5 December 2001 to a date to be determined and OIF from 19 March 2003 to a date to be determined.
7. Army Regulation 600-8-22 provides for award of the Expert Infantryman Badge. Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.
DISCUSSION AND CONCLUSIONS:
1. The applicants statements regarding the CIB and EIB are noted. However, there is insufficient evidence on which to grant the relief requested.
2. To support award of the CIB, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.
3. Although the applicant's records show he was awarded MOS 11B and served as an infantryman with the 75th Infantry in Afghanistan/Iraq, there is no evidence which shows he served during active ground combat and was personally "present under hostile fire. Therefore, there is insufficient evidence on which base correction of his DD Form 214 to show award of the CIB.
4. There is no evidence and the applicant has provided no evidence, to show that he qualified for or was awarded the EIB. Therefore, there is insufficient evidence on which to correct his DD Form 214 to show award of the EIB.
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) AR20090014327
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ABCMR Record of Proceedings (cont) AR20090014327
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