IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110018538
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states, due to administrative error, his unit of attachment was not familiar with the CIB award process for personnel serving in military occupational specialty (MOS) 11B (Infantryman).
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Veterans Service Office Letter
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 records show he enlisted in the Regular Army on 15 March 2006. He completed basic combat and advanced individual training and he was awarded 11B.
3. He served in Iraq from 12 March 2007 to 20 March 2008. He was assigned to Hellcat Company, 2nd Battalion, 69th Armor Regiment, 3rd Infantry Brigade, 3rd Infantry Regiment.
4. On 22 April 2009, he was discharged from active duty having completed 2 years, 8 months, 15 days of creditable active duty service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
5 There are no official orders in his records that show he was awarded the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is authorized for award for several qualifying wars, conflicts, and operations, including Operation Desert Storm. 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces 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.
DISCUSSION AND CONCLUSIONS:
1. There are 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. In this case, the applicant's infantry MOS and his service in Iraq with an infantry briagade are not in question. However, there is no evidence in his records and he provides none to show he was actively present while the infantry unit engaged in active ground combat.
3. Notwithstanding his sincerity, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when the unit was engaged in active ground combat and that he actively participated in such ground combat, there is insufficient evidence upon which to support award of the Combat Infantryman Badge or adding it 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) AR20110018538
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018538
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080002979
The applicant states that he was awarded the CIB in Iraq, but it is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the CIB. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge...
ARMY | BCMR | CY2009 | 20090006153
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to include the awards of the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB). The applicant states that he was awarded an ARCOM while he was in Iraq around October 2007 and the unit to which he was assigned, Company A, 1st Battalion, 67th Infantry Regiment, 2nd Brigade, 4th Infantry Division was awarded the CIB. While it is possible that the applicant may have...
ARMY | BCMR | CY2010 | 20100017739
The applicant states he was in combat and the CIB is not recorded in his records. The available evidence shows the applicant was an infantryman assigned to an infantry unit in Kuwait/Iraq. _______ _ _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.
ARMY | BCMR | CY2010 | 20100027092
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB 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. The evidence of record shows he served in MOS 11B, while assigned to an...
ARMY | BCMR | CY2011 | 20110011141
However, there is no evidence in his record which indicates he was ever recommended for or awarded the CIB during his active duty service. However, the evidence does not show he served in active ground combat during this period of service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2008 | 20080007053
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Iraqi Campaign Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or...
ARMY | BCMR | CY2007 | AR20070005193C071029
Although the DA Form 4187 that he submitted in support of his application was never signed and approved, he is entitled to the Combat Infantryman Badge in accordance with the applicable regulation and his records should be corrected to reflect this decoration. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. Insofar as records of the Washington Army National Guard are concerned, the Army Board for Correction of Military Records...
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 | CY2009 | 20090016415
The applicant requests award of the Combat Infantryman Badge (CIB). It does not show award of the CIB. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.
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...