IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090021738 


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.

2.  The applicant states he was medically discharged and was told he "rated the Combat Infantryman Badge."  The applicant states he was injured in battle.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 May 2006.

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 military personnel records show he enlisted in the Regular Army on 6 June 2003 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) of 11B (Infantryman).

3.  On 19 March 2004, the applicant was assigned to the 2nd Battalion, 503rd Infantry Regiment.

4.  An electronic mail (email) from the Defense Finance and Accounting Service (DFAS), dated 2 June 2010, states the applicant received hostile fire/imminent danger pay from 31 March through 23 November 2005 for Afghanistan.

5.  On 29 December 2005, an MEBD found the applicant medically unacceptable and referred him to a PEB for:

* Post-traumatic stress disorder (PTSD), chronic
* Personality disorder
* Occupational problems

6.  On 3 January 2006, the applicant agreed with the findings and recommendation of the MEBD.  The applicant indicated that he did not desire to continue on active duty.

7.  On 28 March 2006, an informal PEB found the applicant unfit for duty under Department of Veterans Affairs (VA) disability code 9411 for PTSD, secondary to trauma in childhood and adolescence worsened by exposure to combat situations in Iraq.  He was also diagnosed with a personality disorder.  The PEB also found the applicant presented an extensive childhood psychiatric history consistent with conduct disorder and anti-social behaviors for which he was treated with multiple psychotropic medications prior to his entering the Army.  The PEB found his condition existed prior to the applicant's entrance into the Army but had been permanently aggravated by the unique stresses of the military environment.

8.The PEB stated the applicant was injured psychiatrically by an instrumentality of war, while serving in Battle Company, 2nd Battalion, 503rd Infantry in Zabul Province, Afghanistan during a period of war 21 August 2005.

9.  Vicenza Transition Center Orders 102-004, dated 12 April 2006, show the applicant was discharged with entitlement to disability severance pay in the rank of specialist based on 2 years, 11 months, and 6 days of service.  These orders state his disability rated zero percent and his disability did result from a combat related injury.

10.  A Physical Disability Information Report, dated 13 April 2006, reports the applicant's disability as being based on an injury or disease received in line of duty as a direct result of war and incurred in the line of armed conflict or caused by an instrumentally of duty during a war period as defined by law.

11.  On 11 May 2006, the applicant was discharged by reason of disability with severance pay.  He had completed 2 years, 11 months, and 6 days of active service that was characterized as honorable.

12.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers and warrant officers who 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, to close with and destroy the enemy with direct fire.  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, to close with and destroy the enemy with direct fire.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Combat Infantryman Badge and that he was injured in battle.

2.  The PEB shows the applicant was discharged based on a finding of PTSD.  There was no evidence of his being injured in battle.

3.  The applicant served in Afghanistan from 31 March through 23 November 2005.  He held the infantry MOS of 11B and he was assigned to an infantry battalion.  However, the available evidence does not show he was personally present and under hostile fire while serving with that unit when the unit actively engaged in ground combat. 

4.  In view of the above, there is insufficient evidence to award the applicant the Combat Infantryman Badge.

5.  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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20090021738



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ABCMR Record of Proceedings (cont)                                         AR20090021738



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