IN THE CASE OF:
BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130000987
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, the father of a former service member (FSM), requests correction of his son's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge and two awards of the Army Achievement Medal.
2. The applicant states:
a. The above awards are not noted on his son's DD Form 214. At the time of his son's out-processing they did not have time to make changes and corrections.
b. His son was separated from the Army a year ago and he was aware at the time that his DD Form 214 did not reflect the Combat Infantryman Badge and one or two awards of the Army Achievement Medal that he had been awarded. His son stated that he was told they did not have time to get to it before he was scheduled to leave Joint Base Lewis-McChord, WA.
c. The combination of his son's out-processing experience and dealings with the Department of Veterans Affairs has left him very discouraged. He is requesting a correction on his son's behalf as his son has lost faith in the Army that at one time he was so proud to serve in. One of his son's proudest achievements was earning the Combat Infantryman Badge and not to see it listed on his DD Form 214 has really changed his view of the three and one-half years that he served.
d. His son was deployed to Iraq with Company A, 4th Battalion, 9th Infantry Regiment, from the Fall of 2009 until the Fall of 2010. He is enclosing what paperwork he has.
3. The applicant provides a Power of Attorney and copies of his son's Enlisted Record Brief, 2009 deployment memorandum, Soldier Deployment History Outprocessing Report, and DD Form 214 (member 1 and member 4 copies).
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 10 September 2008. He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman).
2. The applicant provides copies of the FSM's:
* Enlisted Record Brief
* 2009 deployment memorandum, dated 22 July 2009, which shows the FSM was listed on a roster for deployment in support of Operation Iraqi Freedom with Company A, 4th Battalion, 9th Infantry Regiment
* Solider Deployment History Outprocessing Report, dated 30 November 2011, which shows the FSM was deployed from 16 September 2009 through 16 November 2010
3. The FSM was honorably released from active duty, in pay grade E-4, on 13 January 2012, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3 years, 4 months, and 4 days of active service with no time lost. He was also credited with 11 months and 17 days of foreign service in Iraq.
4. The FSM's DD Form 214 does not list the Combat Infantryman Badge or any awards of the Army Achievement Medal.
5. A review of the FSM's military records located in the integrated Personnel Electronic Records Management System failed to reveal orders for award of the Combat Infantryman Badge or any awards of Army Achievement Medal.
6. Army Regulation 600-8-22 states:
a. 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. The Combat Infantryman Badge is authorized for award for the War on Terrorism (which includes Operation Enduring Freedom and Operation Iraqi Freedom).
b. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after
1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The evidence of record shows the FSM served in an infantry MOS in an infantry unit during his deployment in Iraq; however, the evidence of record does not confirm and the applicant has not sufficiently shown that his son was personally present and participated in active ground combat while assigned or attached to this infantry unit during such time as the unit was engaged in active ground combat. The available evidence is not sufficient to correct the FSM's
DD Form 214 to show award of the Combat Infantryman Badge at this time.
3. With respect to the Army Achievement Medal, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal. The FSM's service records give no indication he was recommended for or awarded the Army Achievement Medal during his period of service. Therefore, there is an insufficient evidentiary basis for adding any awards of the Army Achievement Medal to the FSM's 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) AR20130000987
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ABCMR Record of Proceedings (cont) AR20130000987
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