IN THE CASE OF: BOARD DATE: 14 October 2022 DOCKET NUMBER: AR20220004221 APPLICANT REQUESTS: in effect, the award of the Combat Infantryman Badge and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two letters of support, with orders attached to one letter FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he would like to have the Combat Infantryman Badge added to the awards section of his DD Form 214; he argues that he earned this award, and his DD Form 214 should list it, for Department of Veterans Affairs (VA) purposes. 3. The applicant provides two letters of support, respectively from the applicant’s former first sergeant and the applicant’s former fire team leader; both affirm the applicant was involved in multiple enemy engagements. 4. The applicant’s service records show: a. On 19 August 2004, the applicant enlisted into the Regular Army for 4 years and 17 weeks. Upon completion of initial entry and airborne training, and with the award of military occupational specialty (MOS) 11B1P (Airborne-Qualified Infantryman), orders assigned the applicant to an airborne infantry unit at Fort Bragg, NC, and he arrived at his unit, on or about 10 February 2005. b. On 8 April 2005, the applicant deployed with his unit to Afghanistan; he redeployed to Fort Bragg, on 8 April 2006. In April 2006, the applicant’s leadership awarded him the Army Commendation Medal (1st Award) for meritorious service while deployed. c. On 1 June 2007, the applicant deployed with his unit to Iraq; on 14 April 2008, he redeployed to Fort Bragg. d. On 6 May 2008, orders honorably discharged the applicant, due to hardship; his DD Form 214 shows he completed 3 years, 8 months, and 18 days of his 4-year, 17- week enlistment contract. In addition, Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: * Army Commendation Medal (1st Award) * Army Achievement Medal (1st Award) * National Defense Service Medal * Afghanistan Campaign Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal * Army Service Ribbon * Overseas Service Ribbon with Numeral “2” * North Atlantic Treaty Organization Medal * Parachutist Badge e. Permanent Orders, dated in or around July 2008, awarded the applicant the Army Commendation Medal (2nd Award) for meritorious service during the period 5 June 2007 to 25 July 2008. f. The applicant’s Enlisted Record Brief (ERB) reflects the award of the Combat Infantryman Badge in Section VIII – Awards and Decorations; however, his available service record is void of Permanent Orders authorizing the award. 5. Army Regulation (AR) 600-8-22 (Military Awards) states, for award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * The enlisted man must be an infantry Soldier satisfactorily performing infantry duties * The Soldier must be assigned to an infantry unit, brigade-sized or smaller, during a time when the unit was actively engaged in active ground combat, and the Soldier must have been personally present and under hostile fire * The Soldier must have actively participated in ground combat; campaign or battle credit is not sufficient to warrant this award 6. The ABCMR does not grant requests solely for VA purposes; however, in reaching its determination, the Board can consider the applicant’s petition, his evidence and assertions, and his service record in accordance with the published equity, injustice, or clemency guidance. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that the applicant’s Enlisted Record Brief (ERB) reflects the award of the Combat Infantryman Badge in Section VIII – Awards and Decorations; however, his available service record is void of Permanent Orders authorizing the award. The Board also note that he meets all the requirements and therefore the badge should be added to his DD Form 214 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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, in addition to the corrections addressed in Administrative Note(s) below, by adding award of the Combat Infantryman Badge to his DD Form 214 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. ADMINISTRATIVE NOTE(S): 1. AR 635-5 (Separation Documents), in effect at the time, required DD Form 214 preparers to list all awards and decorations. 2. AR 600-8-22, currently in effect, states, for both the Afghanistan Campaign Medal and the Iraq Campaign Medal, one bronze service star will be issued for each designated campaign in which a Soldier participated. Authorized campaigns for both medals include: a. Afghanistan Campaign Medal 20050408-20060408: Consolidation I (1 December 2001 to 30 September 2006) b. Iraq Campaign Medal 20070601-20080414: Iraqi Surge (10 January 2007 to 31 December 2008). 3. PO awarded the applicant two Army Commendation Medals (respectively, PO Numbers 055-041, Headquarters, 504th Parachute Infantry Regiment, dated April 2006, and 093-342, Headquarters 1st Brigade Combat Team, dated July 2008). 4. Based on the foregoing: a. Delete the Army Commendation Medal and replace with Army Commendation Medal (2nd Award). b. Delete the Afghanistan Campaign Medal and Iraq Campaign Medal and replace with the Afghanistan Campaign Medal with one bronze service star and Iraq Campaign Medal with one bronze service star. REFERENCES: 1. Title 10, USC, 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 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. 2. AR 600-8-22, currently in effect, states, for award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * The enlisted man must be an infantry Soldier satisfactorily performing infantry duties * The Soldier must be assigned to an infantry unit, brigade-sized or smaller, during a time when the unit was actively engaged in active ground combat, and the Soldier must have been personally present and under hostile fire * The Soldier must have actively participated in ground combat; campaign or battle credit is not sufficient to warrant this award //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004221 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1