IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110022933
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 he should have received it for the same incident as two other Soldiers. He relates:
a. When a grenade was thrown at their vehicle, two other Soldiers were awarded the CIB. However, he was told he wouldn't get it because he had a nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for disobeying a direct order by listening to an iPod while on a mission. He was unjustly punished, his platoon leader and other Soldiers frequently listened to their iPODS while on mission.
b. After the tour in Iraq, the first sergeant told him he would receive the CIB if he reached fitness standards and passed the Army Physical Fitness Test (APFT). He did this but still didn't receive the CIB.
c. He wasn't advised of the status of his CIB. He was kept in the dark. He was denied the award prior to disciplinary actions. He would have been the only African American to receive the CIB for that deployment. He thinks those in leadership positions were biased in their judgment of him.
3. The applicant provides copies of:
* his DD Form 214 (Certificate of Discharge or Release from Active Duty)
* correspondence to and from two United States Senators
* a partial list of telephone contacts for the 3rd Battalion, 8th Infantry, 4th Infantry Division
* a hand-printed statement from a fellow former Soldier and a typed sworn statement from the same individual
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 22 October 2007 and completed training as an infantryman.
2. His tour of duty in Iraq from 3 September 2008 to 24 August 2009
included:
* 11 November 2008 NJP for negligent discharge of his rifle in the guard tower
* 1 March 2009 advancement to pay grade E-2
* 28 May 2009 NJP for willful disobedience of a lawful order not to use electronic devices on security duty
3. On 31 August 2009, the date of his last physical, he was 6 feet tall and weighed 270 pounds. The weight for height table in Army Regulation 600-9 (Army Weight Control Program) shows that the maximum weight for a 6 foot male between ages 21 and 27 years is 195 pounds.
4. He received another NJP for using marijuana between 19 November and 18 December 2009.
5. A routine cleanliness inspection of living spaces, on 22 February 2010, revealed marijuana. The applicant provided a sworn statement to the effect that he assumed full responsibility for the "stem" and "roach" but didn't know how they got there or who might have brought them into his room.
6. A DA Form 268 (Report to Suspend Favorable Personnel Action (Flag) was filed (for elimination). A subsequent counseling statement noted that he had tested positive for marijuana on 23 February 2010.
7. The applicant was processed for elimination due to a pattern of misconduct and separated with a general discharge, on 1 November 2010.
8. The statements from the other Soldier that the applicant submitted with his application essentially duplicate the applicant's version of events. The witness related that he served in Iraq with the applicant and that the applicant told him that he didn't get the CIB because he was flagged due to physical training and disciplinary action. He also relates that the applicant reported to him that all of the conditions the command had specified had been satisfied, but the CIB was still withheld.
9. 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 (emphasis added), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. None of the details that the applicant and his supporter relate are contained in the available records (except that he was overweight, had committed some misconduct, and had been flagged).
2. However, it is appears that he was not serving satisfactorily and therefore does not appear to be eligible for the CIB.
3. In view of the foregoing, there is no basis for granting the applicant's 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) AR20110022933
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ABCMR Record of Proceedings (cont) AR20110022933
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