IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025097
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 records to show the Combat Infantryman Badge.
2. The applicant is also requesting a change in the characterization of his discharge; however, because his discharge from the Army took place in 2009, this portion of his request falls within the purview of the Army Discharge Review Board (ADRB). This portion of his request was transferred to the ADRB and as a result, it will not be discussed further in this Record of Proceedings. He has been notified by separate correspondence about the action taken on his request.
3. The applicant states he was deployed to Iraq and was shot while on patrol.
4. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 24 March 2005. Upon completion of initial entry training, he was awarded military occupational specialty 11B (Infantryman). He served in Iraq from 14 September 2005 to 30 April 2006.
2. Headquarters, 101st Airborne Division (Air Assault), Permanent
Orders 317-001D, dated 29 November 2005, awarded him the Purple Heart for wounds received as a result of enemy or hostile actions on 24 November 2005. The circumstances surrounding his wound are not known.
3. There are no orders or any other documents in his official military personnel file (OMPF) that indicate he was recommended for or awarded the Combat Infantryman Badge.
4. He was discharged on 13 March 2009 because of misconduct with his service characterized as under other than honorable conditions. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the Combat Infantryman Badge may be awarded to 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 participating in such ground combat. Specific requirements state that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have 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 Soldier 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 to close with and destroy the enemy with direct fires.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his records be corrected to show the Combat Infantryman Badge.
2. There is no evidence in his OMPF indicating he was awarded or recommended for the Combat Infantryman Badge. He served as an infantryman assigned to an infantry unit and was awarded the Purple Heart for wounds received as a result of enemy or hostile actions; however, the circumstances surrounding his wound are not known. It cannot be established whether or not he received the wound while engaged in active ground combat and actively participating in such ground combat. Additionally, it does not appear that the applicant satisfactorily performed his duty since he received a less than honorable discharge. As a result, there is insufficient evidence to support awarding him the Combat Infantryman Badge.
3. In view of the foregoing, the applicant's request should be denied.
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 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) AR20100025097
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100025097
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090005798
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 and a second award of the Purple Heart. There are no orders for the Combat Infantryman Badge in the available records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge; and b. adding the Combat Infantryman Badge on his DD Form 214.
ARMY | BCMR | CY2009 | 20090015088
The applicant states he is not sure why his request to add the PH and CIB to his record and DD Form 214 was denied by the Board. The applicant's record shows while a member of the United States Army Reserve (USAR), he was ordered to active duty in support of Operation Iraqi Freedom and entered active duty on 2 October 2005. By regulation, in order to support award of the CIB, there must be evidence confirming not only service in an infantry MOS in a qualifying infantry unit, but also...
ARMY | BCMR | CY2008 | 20080014002
There are no orders in the applicants records awarding him the PH, CIB, or the CAB. There is no evidence of active engagement with the enemy. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2014 | 20140009132
Army Regulation 600-8-22 (Military Awards) states: a. He should be awarded the Combat Medical Badge instead, and his records should be corrected to show this. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * revoking that portion of Permanent Order Number Number 201-56, dated 22 July 2005, Headquarters, 48th Infantry Brigade Combat Team, awarding the applicant the Combat Infantryman Badge * awarding the applicant the...
ARMY | BCMR | CY2012 | 20120004987
There is no evidence of record and he did not provide any evidence that shows he was recommended for or awarded the CIB. Therefore, he is entitled award of the AGCM (1st Award) for the period 10 December 2007 through 15 December 2008 and correction of his DD Form 214 to show this award. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, or any other evidence that conclusively shows he actively participated in...
ARMY | BCMR | CY2008 | 20080007030
The applicant requests correction of his records to show he was awarded the Combat Infantryman Badge (CIB) instead of the Combat Action Badge (CAB) and that he contributed to the MGIB. Upon confirmation from their chain that the enemy was setting up a mortar system for an indirect fire attack, he and the other two Soldiers fired an initial volley of three high-explosive (HE) rounds. Furthermore, the applicant evidence of record shows that the applicant held an infantry MOS and engaged the...
ARMY | BCMR | CY2008 | 20080017003
The applicant requests correction of his separation records to show award of the Purple Heart and Combat Infantryman Badge. The available evidence does not contain any orders or other documents that indicate he was ever awarded the Purple Heart or Combat Infantryman Badge by proper authority while serving on active duty. Although there is evidence in his records showing that the applicant sustained a gunshot wound to his left leg while serving in Iraq and was treated for that wound by...
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...
ARMY | BCMR | CY2012 | 20120020577
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 January 2006 * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 29 March 2012 * DA Form 2823 (Sworn Statement) * CAB orders * Excerpts from Army Regulation 600-8-22 CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman...
ARMY | BCMR | CY2007 | 20070000349C071029
The applicant requests, in effect, that the Purple Heart and the Combat Infantryman Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 December 2006. The evidence of record shows that the applicant was wounded as a result of enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 3 December 2006 to add...