IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100008650 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states he served in an infantry position during Operation Iraqi Freedom (OIF) and he was wounded in action during combat operations in September 2008.  He was awarded the Combat Infantryman Badge in November 2008 in theater and the Purple Heart in February 2009.  But neither is shown on his DD Form 214.  He also states he never received the paperwork for the Combat Infantryman Badge and that his unit told him the paperwork was lost or misplaced during demobilization.  He would like new orders for the Combat Infantryman Badge based on the fact that he was wounded in action while serving in military occupational specialty (MOS) 11B (Infantryman) while assigned to an infantry unit. 

3.  The applicant provides the following documents:

* DD Form 214, dated 8 December 2008
* NGB Form 22 (Report of Separation and Record of Service), dated 15 June 2009
* DA Form 4187 (Personnel Action), orders, and certificate showing award of the Purple Heart



CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Indiana Army National Guard (INARNG) on 31 January 2003.  He subsequently entered active duty for training, completed the training requirements, and he was awarded MOS 11B.  He was assigned to Company B, 151st Infantry, Martinsville, IN.

2.  On 10 December 2007, he was ordered to active duty in support of OIF and subsequently served in Iraq from 8 March to 20 November 2008.  He was honorably released from active duty to the control of his ARNG unit on 8 December 2008. 

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army  Commendation Medal, Army Reserve Components Achievement Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with a bronze service star, Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Reserve Medal with "M" Device.

4.  His records contain a copy of a DA Form 4187, dated 20 October 2008, that shows the following:  On 13 September 2008, a combat logistics patrol from the 1st Battalion, 151st Infantry Regiment was struck by an improvised explosive device (IED) while enroute from Q-West Base Complex to Forward Operating Base Warrior.  Gun Truck B301 hit an improvised container with belt bearing and five pounds unknown bulk explosives (UBE) of which was command-wire initiated.  There were medically documented injuries due to enemy activity.  The applicant sustained a concussion as a result of the IED.  

5.  Headquarters, 3rd Sustainment Command (Expeditionary), Joint Base Balad, Permanent Order 232-010, dated 18 November 2008, awarded him the Purple Heart for wounds received as a result of hostile enemy action on 13 September 2008. 

6.  His records do not contain official orders awarding him the Combat Infantryman Badge.

7.  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. 


8.  Military Personnel Message Number 08-190, dated 22 July 2008 revised the criteria for award of the Combat Infantryman Badge to show that a Soldier must be personally present and under fire while serving in an assigned infantry or special forces primary duty position in a unit engaged in active ground combat, to close with and destroy the enemy with direct fire.  IEDs and Vehicle-Borne IEDs (VBIEDs) and the like are direct fire weapons.  While no fixed qualifying distance from an explosion of these devices can be established, commanders should consider the entirety of the combat situation when considering award of the Combat Infantryman Badge.  While not qualifying by themselves, engagement by direct fire weapons, including IEDs, VBIEDs, and the like should be considered in recommendations for award of the Combat Infantryman Badge. 

9.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The evidence of record shows he was awarded the Purple Heart for wounds received in action on 13 September 2008 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  The applicant’s records show he served a qualifying period of service for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this award.  

4.  With respect to the Combat Infantryman badge, the evidence of record shows he held an infantry MOS and he was assigned to an infantry unit that was on a combat logistics patrol when the command-initiated IED explosion occurred and he suffered his concussion.  It is unclear what action he took at that time.  There is no indication if he actively engaged or was engaged by the enemy. 

5.  The decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  It appears that his commander at the time of the act, or shortly thereafter, determined that the entirety of the combat situation did not entitle the applicant to award of the Combat Infantryman Badge.  Therefore, in the absence of evidence to the contrary, it must be presumed he did not meet the criteria for award of the Combat Infantryman Badge. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  __X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the list of awards shown on his DD Form 214 the Purple Heart and the National Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge.



      _______ _  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)                                         AR20100008650



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ABCMR Record of Proceedings (cont)                                         AR20100008650



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