BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120022171
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) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.
2. The applicant states he met the criteria for award of the CIB but he never received it. He describes two incidents that occurred before 22 July 2008, which he claims is the date of the change of criteria for the CIB. He believes paperwork was sent in but denied. He believes that now, because the regulation has changed, he has fully met the requirements for award of the CIB.
3. The applicant provides:
* a self-authored statement describing two incidents in Iraq
* his Department of Veterans Affairs (VA) Rating Decision, effective
13 August 2010
* a Memorandum for Record, subject: Deployment, dated 24 January 2008
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 September 2007. He held military occupational specialty (MOS) 11C (Indirect Fire Infantryman).
2. He was honorably released from active duty on 12 August 2010 at the completion of required active service in the rank/grade of specialist (SPC)/E-4. He completed 2 years, 11 months, and 8 days of net active service this period. The DD Form 214 he was issued at the time does not list the CIB as an authorized award.
3. Section VIII (Awards and Decorations) of his Enlisted Record Brief, dated
19 May 2012, does not show the CIB. Section IX (Assignment Information) shows that effective 9 March 2008 he was assigned in Iraq to Troop C,
10th Armored Cavalry Regiment as an assistant gunner in MOS 11C.
4. He provides:
a. A self-authored statement describing two incidents that occurred in Iraq.
(1) In May or June 2008, while serving as an infantryman in the
4th Infantry Division in Baghdad his unit was engaged by a missile that flew no more than 8 feet above their heads. They were prepared to engage the enemy but did not because they did not have the proper location. They fully performed their job to the extent they could after being fired upon.
(2) A short time later, while rolling out for a patrol an explosion occurred in a close proximity to the lead vehicle. The vehicle did not receive any damage. They cordoned off the area and searched for secondary devices, but found no signs of any.
b. A VA Rating Decision showing he received service-connection for post traumatic stress disorder with depressive disorder.
c. A 24 January 2008 memorandum with a by-name listing of Soldiers, including his name, as among those deploying to Iraq during the month of March 2008.
5. 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. Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/MOS 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 available evidence shows the applicant was awarded an infantry MOS. However, there is no evidence of record and he did not provide any corroborating evidence that shows he was assigned to an infantry unit of brigade, regimental, or smaller size in Iraq; or that he was personally engaged in combat with such a unit.
2. In view of the foregoing, there is an insufficient evidentiary 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) AR20120015258
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120022171
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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