IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100025565
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 petition to be awarded the Combat Infantryman Badge.
2. The applicant states, in effect, his previous request was denied because the evidence was insufficient to show he engaged in active ground combat or hostile fire with enemy forces. He states his Combat Related Special Compensation (CRSC) request was disapproved during the time his previous request was being considered. He states his request for reconsideration is based on evidence that shows he was personally present and under hostile fire in Southwest Asia.
3. The applicant provides:
* Department of Veterans Affairs (VA) Rating Decision, dated 11 September 2010
* Memorandum from the VA, dated 17 September 2010, notifying him of his entitlements
* VA Form 28-1900 (Disabled Veterans Application for Vocational Rehabilitation), incomplete and unsigned
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 AR20090020935, on 10 June 2010.
2. During the original review of the applicant's case there was no evidence available to show he was assigned to an infantry unit and that he was personally present and engaged in active ground combat while he was in Southwest Asia. Therefore, the Board concluded there was insufficient evidence to support award of the Combat Infantryman Badge.
3. The applicant reenlisted in the Regular Army on 18 June 1976, with prior active service. He arrived in Southwest Asia on 5 December 1990. He departed Southwest Asia en-route to the U.S. on 8 May 1991.
4. On 31 August 1997, the applicant was honorably retired and his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served in military occupational specialty (MOS) 92A (Automated Logistics Specialist) and MOS 11B (Infantryman). His DD Form 214 does not show the Combat Infantryman Badge as an authorized award nor is there any documentation contained in his official military record.
5. The VA Memorandum and the VA Rating Decision the applicant submits informs him of his monthly entitlements. These documents show his service connected condition of post traumatic stress disorder (PTSD) has worsened and his VA rating was increased from 10 to 100 percent. He was also awarded service connected disability ratings for the following conditions:
* Migraine Headaches
* Degenerative Joint Disease, Left Knee
* Degenerative Joint Disease, Right Knee
* Right Foot Disability with Hallux Valgus, Plantar Fasciitis, Degenerative Changes, and Pes Planus
* Carpal Tunnel Syndrome, Right Hand
* Carpal Tunnel Syndrome, Left Hand
6. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have been personally present and participated in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting documents have been considered.
2. However, there is no evidence in the available record, nor has the applicant submitted sufficient evidence to show he was personally present and engaged in active ground combat with enemy forces while he was assigned to an infantry unit in Southwest Asia.
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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090020935, dated 10 June 2010.
____________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.
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ABCMR Record of Proceedings (cont) AR20100025565
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