IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150001974
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 the Combat Infantryman Badge.
2. The applicant states his Enlisted Record Brief (ERB) reflects the badge but his DD Form 214 omitted it.
3. The applicant provides his DD Form 214, ERB, a Statement of Service, and unsigned statement, photographs, and an article about a wounded warrior.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 5 June 2002 and he was trained in and held military occupational specialty (MOS) 11B (Infantryman).
2. He served through multiple extensions or reenlistments, in a variety of stateside or overseas assignments (as indicated below), and he attained the rank/grade of staff sergeant (SSG)/E-6:
* Iraq, from 10 December 2002 to 21 March 2005
* Iraq, from 23 October 2006 to 6 January 2008; he was assigned to 1st Battalion, 8th Cavalry, 1st Cavalry Division
* Afghanistan, from 1 April 2011 to 31 March 2012; he was assigned to 3rd Brigade Special Troops battalion, 25th Infantry Division
3. He was honorably discharged on 10 November 2013. His DD Form 214 shows he completed 11 years, 5 months, and 6 days of net active service this period. It doesnt list the Combat Infantryman Badge among his authorized awards.
4. His records do not contain orders awarding him the Combat Infantryman Badge. However:
a. His records contain and he provides an ERB, dated 19 September 2013, that shows all the awards listed on his DD Form 214 in addition to the Combat Infantryman Badge.
b. He provides a Statement of Service, dated 4 October 2013, signed by the Battalion commander, 3rd Brigade Special Troops battalion, 25th Infantry Division. This statement certifies his assignment to the unit and lists his awards and decorations, including the Combat Infantryman Badge.
c. In a self-authored statement, he states he was deployed to Iraq and he went with another Soldier on a mission to catch a high-value target. They were heavily ambushed with mortars, small arms fire, improvised explosive devices, heavy machine gun fire, and rockets. He was in the vehicle behind the lead vehicle. All vehicles were receiving enemy fire. The other Soldier was hit with a rocket propelled grenade that shot off his legs. The vehicles were so close that blood splashed on his vehicle. This was the first time he got the badge.
d. He provides multiple photographs of Soldiers and an article about the Soldier who was injured in Iraq.
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 fires.
6. Army Regulation 600-8-22 also states that improvised explosive devices (IEDs), vehicle-borne IEDs (VBIEDS), and the like are direct fire weapons. While no fixed, qualifying distance from an explosion of these devices can be established, commanders should consider the entirety of the combat situation when considering award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
Although the applicant's record is void of orders awarding him the Combat Infantryman badge, his ERB lists it and his battalion commander certified he was awarded this badge. There is sufficient evidence to support his contention that he was awarded the Combat Infantryman Badge, which is not listed on his DD Form 214.
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 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.
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