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ARMY | BCMR | CY2012 | 20120004999
Original file (20120004999.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  20 September 2012

		DOCKET NUMBER:  AR20120004999 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 September 2009 to show award of the Combat Infantryman Badge.

2.  The applicant states the Combat Infantryman Badge is not listed on his current DD Form 214.

3.  The applicant indicated he had provided a letter from Headquarters, 56th Infantry Brigade signed by a colonel; however, this document is not available.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Army National Guard in the rank of specialist.  

2.  The applicant enlisted in the Army National Guard on 12 July 2005.  Upon completion of initial active duty training, he was awarded military occupational specialty 11B (Infantryman).  

3.  He was ordered to active duty in support of Operation Iraqi Freedom on 28 August 2008.  He served in Kuwait/Iraq from 4 November 2008 to 20 August 2009.

4.  His personnel record does not include orders for award of the Combat Infantryman Badge and is void of evidence which indicates he was engaged in active ground combat.  

5.  He was released from active duty on 20 September 2009.  His DD Form 214 does not show award of the Combat Infantryman Badge.  

6.  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, in effect, 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's service record is void of evidence and he has not provided any evidence which confirms he was awarded the Combat Infantryman Badge.  

2.  His service record shows he was awarded MOS 11B and served as an infantryman in Iraq.  However, there is no substantial evidence which shows he served during active ground combat and he was personally present under hostile fire.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the Combat Infantryman Badge.

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)                                         AR20120004999



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ABCMR Record of Proceedings (cont)                                         AR20120004999



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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