IN THE CASE OF:
BOARD DATE: 2 July 2015
DOCKET NUMBER: AR20140018883
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) to show award of the Combat Infantryman Badge (CIB) and the Purple Heart (PH).
2. The applicant states he should have been awarded the CIB instead of the Combat Action Badge (CAB) because he held military occupational specialty (MOS) 11B (Infantryman). The CAB is for Soldiers who do not hold an infantry MOS. He was awarded the PH after he was separated from the Army National Guard (ARNG).
3. The applicant provides:
* two Certificates of Recognition
* PH Certificate
* CAB Certificate
* Certificate of Combat
* DD Form 214
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. After having prior enlisted service in the Regular Army, the applicant enlisted in the ARNG on 27 February 1990. He served in MOS 11B.
3. Orders 123-042, issued by State of Idaho, Military Division, Boise, ID, dated 25 June 2004 show he was ordered to active duty for continuing support of Operation Iraqi Freedom III. His unit of assignment was Headquarters and Headquarters Battery (HHB), 1st Battalion, 148th Field Artillery Regiment.
4. A PH Certificate, with Permanent Order (PO) Number 334-081, shows he was awarded the PH for wounds received in action on 30 June 2005.
5. He was awarded the CAB for engagements against enemies. The CAB Certificate states that he was personally present and under enemy fire during combat operations with the 11th Brigade Combat Team in Iraq from November 2004 through October 2005.
6. On 24 November 2005, he was honorably released from active duty. The DD Form 214 issued at that time does not show he was awarded the CIB or the PH. The DD Form 214 shows his last duty assignment was HHB, 1st Battalion, 148th Field Artillery Regiment.
7. His record is void of documentation showing he was awarded the CIB or that he was assigned to an infantry unit during his active duty service in support of Operations Iraqi Freedom III.
8. 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 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.
DISCUSSION AND CONCLUSIONS:
1. There are basically three requirements for award of the CIB. 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 available records show he was assigned to a field artillery battalion during his tour of duty in Iraq. There is no evidence to show that he was assigned to an infantry unit during his active duty service. The fact that he did not meet the criteria for award of the CIB in no way diminishes his faithful and selfless service to his country while deployed in Iraq.
3. He was awarded the PH. It would be appropriate to add this award to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the PH to his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the CIB.
__________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) AR20140018883
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018883
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