IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120011454 


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
* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award

2.  The applicant states he should have been awarded the Combat Infantryman Badge.  When he requested an upgrade of his discharge, the Army Discharge Review Board (ADRB) determined the characterization of his service was too harsh and upgraded it from under other than honorable conditions to a general, under honorable conditions discharge.  With his request for an upgrade, he submitted a letter from his lawyer who stated his command was heavy handed and vindictive as they failed to award him the Combat Infantryman Badge despite his participation for 15 months in some of the most intense combat operations in the Operation Iraqi Freedom (OIF) campaign and that every other Soldier in his unit was awarded the Combat Infantryman Badge.  He also states he is submitting statements of support from his fellow combat Soldiers that address the Combat Infantryman Badge.

3.  The applicant provides a self-authored letter, an ADRB letter and Report of Proceedings (ROP), three memoranda, and six statements of support.


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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 26 May 2005 and he held military occupational specialty 11C (Indirect Fire Infantryman).  He was assigned to Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division, Germany.

3.  He served in Iraq from 13 August 2007 to 19 October 2008 while assigned to Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division.

4.  On 27 February 2009, court-martial charges were preferred against the applicant for one specification each of wrongfully using marijuana between:

* 1 July - 1 August 2007
* 5 December 2008 - 5 January 2009

5.  He subsequently requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.  On 17 March 2009, the separation authority approved the request and directed the applicant be issued an under other than honorable conditions discharge.

6.  The DD Form 214 he was issued shows he was discharged on 27 March 2009 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial.  He completed 3 years, 10 months, and 2 days of creditable active service.

7.  His DD Form 214 does not show award of the Combat Infantryman Badge.  His record is void of orders for the Combat Infantryman Badge.

8.  The applicant subsequently submitted a request to the ADRB for an upgrade of his discharge.  On 20 April 2012, the ADRB determined the characterization of service was too harsh, and as a result, it was inequitable.  The ADRB found the length and quality of the applicant's service, to include his combat service, mitigated the discrediting entries in the applicant's service record.  He was granted partial relief and the characterization of his service was upgraded to general, under honorable conditions.  The ADRB also determined the reason for his discharge was both proper and equitable and voted not to change it.

9.  On 22 June 2012, his initial DD Form 214 was voided and a new one was issued that changed the characterization of his service to general, under honorable conditions.  The entry "CONTINUOUS HONORABLE SERVICE:  20050526-20080914" was added to item 18 (Remarks) of this DD Form 214.

10.  The applicant provides:

	a.  A statement of support, dated 28 May 2010, wherein Sergeant (SGT) WP stated he served in Iraq with the applicant from August 2007 to October 2008 while assigned to the 2nd Platoon, Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division.  He was the vehicle commander of a Stryker vehicle and the applicant was a gunner on the vehicle.  Company B was the lead company during the surge into Sadr City beginning in March 2008.  They spent almost 4 months battling elements of the Mahdi Army.  During their Iraqi combat days, the applicant did his job as a gunner for the squad and they were lucky to have him.  Due to his (the applicant) being subject to company punishment upon their return to Germany, the command went so far as to deny him the Combat Infantryman Badge for his service in Iraq.

   b.  A review of SGT WP's records showed he was awarded the Combat Infantryman Badge for "participation in ground combat operations under enemy hostile fire to liberate Iraq in support on OIF" while assigned to Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division on 17 October 2007.

	c.  A statement of support, dated 2 July 2010, wherein SGT MG stated he served in Iraq with the applicant from August 2007 to October 2008 while assigned to the 2nd Platoon, Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division.  The applicant was part of the quick reaction force and served as a gunner on a Stryker vehicle.  The applicant and the unit saw intense combat at times and they all did their jobs.  After their return to Germany, the applicant was subject to company punishment.  While punishment 


was warranted, the command took the unusual step of denying him the Combat Infantryman Badge for his combat service in Iraq.

   d.  A review of SGT MG's record showed he was awarded the Combat Infantryman Badge for "participation in ground combat operations under enemy hostile fire to liberate Iraq in support on OIF" while assigned to Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division on 7 March 2008.  He held the rank of specialist (SPC) at the time of the award.

	e.  A statement of support, dated 19 July 2010, wherein Staff Sergeant (SSG) CM stated he served in Iraq with the applicant from August 2007 to October 2008 while assigned to the 2nd Platoon, Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division.  SSG CM and the applicant were part of the quick reaction force.  During the 15 month deployment, the squad became a close-knit team.  They had "each other's back" and he would not have a problem serving with the applicant again.  After their return to Germany, the applicant was subject to company punishment.  Most troubling was the refusal to present the applicant with the Combat Infantryman Badge for his combat service in Iraq.

	f.  A review of SSG CM's records showed he was awarded the Combat Infantryman Badge for "participation in ground combat operations under enemy hostile fire to liberate Iraq in support on OIF" while assigned to Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division on 6 September 2007.  He held the rank of SPC at the time of the award.

	g.  Two statements of support, dated 24 June and 21 July 2010, respectively, wherein SGT MB and SSG WE stated they each served in Iraq with the applicant from August 2007 to October 2008 while assigned to the 2nd Platoon, Company B, 1st Squadron, 2nd Stryker Cavalry Regiment, 4th Infantry Division.  SSG WE stated during the deployment, he was the squad leader and the applicant was on his squad.  SGT MB stated he was the vehicle commander and the applicant was a gunner in his squad.  During the surge into Sadr City, they spent almost 4 months under daily hostile fire.  The Army's refusal to present the applicant with the Combat Infantryman Badge for his Iraqi combat service that he earned along with his fellow Stryker Soldiers was troubling.

	h.  Due to several records with the same first and last name, the records of SGT MB and SSG WE were not reviewed to determine if they had been awarded the Combat Infantryman Badge.


11.  Army Regulation 600-8-22 (Military Awards) states 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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been awarded the Combat Infantryman Badge and he did not receive this award due to his command being heavy handy and vindictive. 

2.  While it cannot be determined that his command declined to award him the Combat Infantryman Badge due to any adverse actions he may have been facing, the evidence of record confirms the applicant held an infantry MOS and he served in Iraq, while apparently assigned to an infantry platoon.  He provides statements from five Soldiers who served in the same platoon with him in Iraq that stated the applicant was with them when they underwent hostile fire on many occasions during combat operations in Iraq during the August 2007 through October 2008 unit deployment.  In addition, a review of the records of three of these Soldiers shows each Soldier was awarded the Combat Infantryman Badge during the same period of deployment.  This supports the criteria that he was personally present and under fire when his unit engaged the enemy.

3.  In view of the foregoing, it would be appropriate at this time to award the applicant the Combat Infantryman Badge for actions in Iraq between October 2007 to March 2008 and to correct his DD Form 214 accordingly.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Combat Infantryman Badge for participation in ground combat operations under enemy hostile fire to liberate Iraq in support on Operation Iraqi Freedom from October 2007 to March 2008
* adding to his DD Form 214 the Combat Infantryman Badge



      ___________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)                                         AR20120011454



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ABCMR Record of Proceedings (cont)                                         AR20120011454



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