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Decision Text

ARMY | BCMR | CY2013 | 20130006074
Original file (20130006074.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130006074 


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.

2.  The applicant states he was involved in combat during his February – September 2007 deployment.  He was engaged in combat on multiple instances. Most of the individuals he deployed with were given the award and he served no differently than they did.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 November 2006, completed training, and was awarded the military occupational specialty 11B1P (Infantryman – Parachutist) with the additional skill identifier of 2C (Javelin Gunnery).

2.  During his enlistment the applicant was deployed to Iraq from 17 June 2007 through 21 September 2007 and 6 August 2009 through 10 July 2010.

3.  He was honorably discharged on 11 March 2011 for failure to meet body fat standards.  He had 4 years, 4 months, and 11 days of creditable service and no time lost.

4.  His DD Form 214 lists his awards as the Iraq Campaign Medal with two Campaign Stars, Army Commendation Medal, Army Achievement Medal (2nd Award), National Defense Service Medal, Global War On Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Parachutist Badge.

5.  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 fire.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any evidence that the applicant was personally present and under hostile fire while his infantry unit was actively engaged in ground combat to close with and destroyed the enemy with direct fire.

2.  Without verifiable documentation the applicant was actively engaged in ground combat with the enemy, award of the Combat Infantryman Badge is not warranted.

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.


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ABCMR Record of Proceedings (cont)                                         AR20130006074



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