IN THE CASE OF:	  

		BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090005073 


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, via his congressional representative and a former military officer, reconsideration of his previous requests to correct his records to reflect award of the Combat Infantryman Badge.

2.  In correspondence to the applicant’s congressional representative, the former military officer, who has championed the applicant’s attempt to have his records corrected to reflect award of the Combat Infantryman Badge, states that the Board continues to deny the applicant due combat recognition because of the absence of orders awarding him (the applicant) the Combat Infantryman Badge.

3.  The applicant’s supporters provided no new or additional evidence not previously considered by the Board.  The applicant, however, concurred with the information being provided to his congressional representative by the former military officer.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080004984 on 5 June 2008 and Docket Number AR20080016119 on 3 February 2009.

2.  Although no new evidence or argument was submitted with this latest request for reconsideration, a member of the Board’s staff further researched the applicant and his supporters’ claim that he (the applicant) was in fact entitled to the Combat Infantryman Badge.  The staff member reviewed the records of another Soldier who was listed in the photograph along with the applicant as having been awarded the Combat Infantryman Badge during the November 1991 ceremony at Fort Bliss, Texas and discovered a copy of the orders which did in fact award the applicant the Combat Infantryman Badge.

3.  Permanent Orders Number 138-17, issued by Headquarters, XVIII Airborne Corps and Fort Bragg on 22 July 1991 awarded the applicant and 24 other Soldiers from Fort Bliss, Texas, the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

The evidence now available to the Board confirms that the applicant was in fact awarded the Combat Infantryman Badge in properly constituted permanent orders.  As such it would be appropriate to further correct the applicant’s records to show he was awarded the Combat Infantryman Badge. 

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 amendment of the ABCMR’s decision in Docket Number AR20080004984 dated 5 June 2008 and Docket Number AR20080016119 dated 3 February 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Infantryman Badge to his DD Form 214.



      _______ _   _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)                                         AR20090005073





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005073



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1