IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019134 


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 (CIB) and the Army Commendation Medal (ARCOM) for his service in Iraq.

2.  The applicant states:

* he should be awarded these awards for his service in Iraq
* while in Iraq he was involved in different patrols in which his vehicle came under fire and in one particular patrol he lost a close friend
* a lot of the unit records were lost 
* he did see his name on the orders when he left Iraq but the orders did not make it back to the states
* he moved around to various units in Iraq 

3.  The applicant provides a copy of his Enlisted Record Brief (ERB).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 September 2007.  He was trained in and awarded military occupational specialty 11B (infantryman).  He served in Iraq from 1 February 2008 to 19 July 2008.  On 15 September 2009, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph
14-12c (Commission of a serious offense), by reason of misconduct.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the CIB or the ARCOM as authorized awards.

3.  There are no orders for the CIB or the ARCOM in the available records.

4.  Section VII (Awards and Decorations) on the applicant's ERB does not show entitlement to the CIB or the ARCOM.

5.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  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.

6.  Army Regulation 600-8-22 states the ARCOM 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, distinguishes 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.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

8.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or 


period for which recognition is being requested must accompany the DA Form 
638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.
Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the CIB in the applicant’s service personnel records.  Although the evidence of record shows he served as an infantryman during his assignment in Iraq, there is no evidence of record and he provides no evidence which shows he was assigned to an infantry unit that was engaged in active ground combat or that he was personally present and under hostile fire in Iraq.  Therefore, there is insufficient evidence on which to base award of the CIB in this case.
 
2.  There are no orders for the ARCOM in the available records.  Therefore, there is insufficient evidence on which to base award of the ARCOM in this case.  While there is insufficient evidence for awarding the applicant the ARCOM, this in no way affects the applicant’s right to pursue his claim for the ARCOM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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)                                         AR20090019134



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ABCMR Record of Proceedings (cont)                                         AR20090019134



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