IN THE CASE OF:
BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010227
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, in effect, award of Purple Heart and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Purple Heart and Combat Infantryman Badge.
2. The applicant states he was awarded the Combat Infantryman Badge in January [2009] for his first mission in August [2008]. By November [2008], he had been shot twice in each leg.
3. The applicant provides three statements of support, three photographs, and a letter.
CONSIDERATION OF EVIDENCE:
1. With respect to the applicant's request for award of the Purple Heart, Army Regulation 15-185 states the Army Board for Correction of Military Records will not consider any application if it determines the applicant has not exhausted all administrative remedies available to him/her. There is no evidence the applicant submitted an application for award of the Purple Heart to the U.S. Army Human Resources Command (HRC), ATTN: Veterans Support Branch, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122, and was denied this award. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
2. The applicant's records show he enlisted in the Regular Army on 24 January 2008 and he held military occupational specialty 11B (Infantryman). He served in Iraq from 1 July 2008 through 28 February 2009 while assigned to Company B, 1st Battalion, 8th Infantry Regiment.
3. He was discharged from active duty on 5 March 2010. He completed 1 year, 11 months, and 9 days of creditable active service and had 65 days of time lost.
4. His records do not contain orders that show he was awarded the Combat Infantryman Badge.
5. The applicant provides three undated statements from members of the unit he served with in Iraq. In one statement, a fellow Soldier stated sometime in July 2008 an improvised explosive device (IED) hit close to where the squad was patrolling. Afterwards, the applicant was found unconscious and was treated for a minor bump to his head. A second Soldier stated he did not recall all the events that occurred in late July [2008], but the applicant went on patrol with him in another squad. Everyone heard an explosion from an IED and afterwards he found out the applicant had been found unconscious in his vehicle.
6. Army Regulation 600-8-22 (Military Awards) 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. 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.
DISCUSSION AND CONCLUSIONS:
1. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
2. The applicant's infantry MOS and his assignment to an infantry unit during his service in Iraq are not in question. However, there is no evidence in the available records and he did not submit any conclusive evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3. 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 ground combat, regrettably, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case. Therefore, he is not entitled to the requested relief.
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) AR20110010227
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ABCMR Record of Proceedings (cont) AR20110010227
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