IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090020476
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 reconsideration of his earlier request for correction of his records to show award of the Combat Infantryman Badge (CIB).
2. The applicant states he held an infantry specialty and served in an infantry company of an armor battalion. He states his "battle buddy" was in the same unit and with him every step of the way in combat and that his DD Form 214 shows the CIB.
3. The applicant provides a copy of his battle buddy's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 August 1991.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080014932, on 2 December 2008.
2. The applicant submitted a copy of battle buddy's DD Form 214 showing award of the CIB, which was not previously reviewed by the ABCMR. Therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant's military records are not available for review with this case; however, his DD Form 214 shows he enlisted in the Regular Army on 6 April
1989 and he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
4. His DD Form 214 shows he served in Southwest Asia from 7 October 1990 to 17 April 1991. He was assigned to Company C, 1st Battalion, 32nd Armor.
5. He was honorably released from active duty on 15 May 1992 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the CIB.
7. His reconstructed records do not contain official orders awarding him the CIB.
8. He submitted a copy of one of his battle buddy's DD Form 214. This form shows another individual who served in Southwest Asia from 9 October 1990 to 17 April 1991 presumably with the same unit, Company C, 1st Battalion, 32nd Armor, was awarded the CIB.
9. Evidence of record shows his buddy was awarded the CIB by permanent orders published in April 1991 for service on 20 February 1991.
10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB: an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat. Campaign or battle credit alone is not sufficient 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. 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:
1. The applicant contends his records should be corrected to show award of the CIB.
2. The evidence of record shows he held an infantry MOS and he served with an armor unit in Southwest Asia. He contends that his service was with an infantry company of an armor battalion. But, even if this was the case, there is no evidence in the available records and he did not submit any substantiating evidence that shows he, not someone else, was personally present and under hostile fire while assigned to an infantry unit that was actively engaged in ground combat with the enemy.
3. The fact that one of the applicant's buddies received the CIB during the same deployment or while assigned to the same unit does not entitle him to award of the CIB as it is unclear under what circumstances his buddy's CIB was awarded. Additionally, official orders awarded his buddy the CIB for service on 20 February 1991, which authorized him to wear the CIB as well as showing this award on his DD Form 214.
4. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit or that he was awarded the CIB by official orders as was his buddy, there is insufficient evidence upon which to base award of the CIB 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 to amend the decision of the ABCMR set forth in Docket Number AR20080014932, dated 2 December 2008.
____________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) AR20090020476
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090020476
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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