IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100021246
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 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge.
2. The applicant states he believes this badge was overlooked when he processed out of the military. He is applying for Department of Veterans Affairs (VA) benefits and would like this request expedited because it would be of great value in supporting his VA claim.
3. The applicant provides no additional documentation.
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 applicants 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 applicants 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 DD Form 214 as filed in his official military personnel file (OMPF) shows:
a. he enlisted in the Regular Army on 7 February 2002 and he was awarded military occupational specialty (MOS) 11B (Infantryman);
b. he was assigned to Company A, 1st Battalion,15th Infantry Regiment;
c. he was honorably discharged on 16 April 2004;
d. in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Global War On Terrorism Service Medal, Global War On Terrorism Expeditionary Medal, Presidential Unit Citation, National Defense Service Medal, Armed Forces Expeditionary Medal, Army Service Lapel Button, and the Army Service Ribbon; and
e. in Item 18 (Remarks) he was deployed to Kuwait from 13 July to
23 November 2002; and he was deployed to Iraq from 10 January to 20 July 2003.
3. Section VIII - Awards and Decorations of the applicant's Enlisted Record Brief (ERB) does not show award of the Combat Infantryman Badge.
4. Army Regulation 600-8-22 (Military Awards) provides:
a. 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.
b. Recommendations for awards of badges will be submitted through command channels to the commander authorized to make the award. Awards of the Combat Infantryman Badge will be announced in permanent orders by commanders authorized to make the award or in permanent orders issued by Headquarters, Department of the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.
2. The evidence clearly shows the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size. However, it does not sufficiently show that he ever engaged in active ground combat.
3. Furthermore, there is no available evidence showing he was ever recommended for award of the Combat Infantryman Badge, or that orders were issued authorizing this badge. Therefore, there is insufficient evidence on which to base adding this badge to his DD Form 214.
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) AR20100021246
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100021246
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070000720
The applicant requests, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Global War on Terrorism Expeditionary Medal and the Combat Infantryman Badge. 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 military occupational specialty (MOS). The evidence clearly shows that...
ARMY | BCMR | CY2007 | AR20070002850C071029
The applicant requests award of the Combat Infantryman Badge and the Global War on Terrorism Expeditionary Medal. Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the...
ARMY | BCMR | CY2009 | 20090015044
The applicant requests, in effect, that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show he served in Iraq and was awarded the Combat Infantryman Badge. The evidence shows the applicant served in an infantry MOS in an infantry unit in Iraq; however, the evidence of record does not confirm and he has not sufficiently shown that he was personally present and participated in active ground combat while assigned or attached to this...
ARMY | BCMR | CY2007 | 20070013956
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 March 2008 DOCKET NUMBER: AR20070013956 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) provides, in...
ARMY | BCMR | CY2015 | 20150002420
The applicant requests correction of his DD Form 214 (Certificate of Release from Active Duty) by showing: * Global War on Terrorism Expeditionary Medal (GWOTEM) * Combat Infantryman Badge (CIB) * Any other awards or decorations he may have earned 2. d. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan...
ARMY | BCMR | CY2008 | 20080000327
There is no evidence in the applicant's military service record that he participated in active ground combat. The applicant's contention that his DD Form 214 should be corrected to reflect foreign service credit and awards, decorations, badges, and/or campaign ribbons, to include award of the Combat Infantryman Badge, was carefully considered and determined to be without merit. Therefore, there is no basis to correct his records to show award of the Combat Infantryman Badge.
ARMY | BCMR | CY2006 | 20060009446
The applicant served on active duty on or after 11 September 2001; however, his DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal. Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal and the Expert Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the award of the Army Commendation Medal and the...
ARMY | BCMR | CY2009 | 20090014920
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, bronze service star to be affixed to his Parachutist Badge, bronze arrowhead, and a meritorious unit citation [exact award unspecified]. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as...
ARMY | BCMR | CY2012 | 20120020648
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of the Combat Medical Badge (CMB). He completed 4 years of active service with no lost time. Although he did not provide the accompanying orders and his records do not contain such orders, the evidence of record shows he held a medical MOS, twice served in combat, and he was assigned to a medical unit of company or smaller size that is organic to an infantry unit of...
ARMY | BCMR | CY2007 | 20070009773
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his overseas service and awards of the Purple Heart, Army Commendation Medal, Army Achievement Medal, Expert Infantryman Badge, Combat Infantryman Badge, Global War on Terrorism Expeditionary Medal, Armed Forces Expeditionary Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, Army Good Conduct Medal, and the 75th Ranger Regiment Shoulder Sleeve Insignia. The evidence...