IN THE CASE OF: BOARD DATE: 8 February 2023 DOCKET NUMBER: AR20220006942 APPLICANT REQUESTS: reconsideration of his previous request for award of the Combat Infantryman Badge and a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * ACTS online application with signature page * Fort Benning (FB) Form 21, Diploma, Infantry Training Brigade (ITB) 14 April 1989 * Certificate of Achievement, 1st Battalion (BN), 8th Cavalry Regiment, June 1989 * DA Form 4980-18 (Army Achievement Award Certificate), 18 August 1989 * Certificate, Architect of the Capitol, 14 November 1990 * DA Form 4980-14 (Army Commendation Medal Certificate), 9 May 1991 * Certificate of Participation, 1st Cavalry Division, undated * DD Form 214 (Certificate of Release or Discharge from Active Duty), 1 March 1992 * DD Form 215 (Correction to DD Form 214), 1 March 1992 * DD Form 214 belonging to another Soldier (removed by Army Board for Correction of Military Records (ABCMR)) * letter, Army Human Resources Command (AHRC), 18 April 2022 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070010064 on 18 December 2007. 2. The applicant provides new evidence which was not previously considered by the Board. 3. He provides a photograph of another Soldier's DD Form 214, which contains Personally Identifiable Information (PII). The applicant did not provide any evidence showing he was granted written consent to use this document. This DD Form 214 will not be included or addressed in this record of proceedings or in the supporting documents file, as it is a violation of the Privacy Act. 4. The applicant is entitled to additional awards, which will be addressed through an administrative correction without action by the Board. 5. The applicant states, in effect, he should have been awarded the Combat Infantryman Badge. He contacted several individuals from his unit; both his Company commander and battle buddy were awarded the Combat Infantryman Badge for the same time period. The unit was "field grade awarded" the Combat Infantryman Badge. His commander told him the chain of command mistakenly did not submit the proper paperwork for the award when they returned from Iraq. 6. He enlisted in the Regular Army on 10 January 1989. He held the Military Occupational Specialty (MOS) 11M (Fighting Vehicle Infantryman). 7. He provides the following documents and awards: a. Diploma, Individual Infantry Training, 1st Infantry Training Brigade, Fort Benning, GA, 14 April 1989. b. Certificate of Achievement, 1st Battalion, 8th Cavalry Regiment, for outstanding achievement during the III Corps Combat Readiness Special Inspection in June 1989. c. Army Achievement Medal Certificate for exceptionally meritorious achievement while assigned to Company A, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division from 1 July 1989 to 21 July 1989. d. Certificate, Architect of the Capitol, verifying the accompanying flag was flown over the U.S. Capitol on his birthday in honor of his support of the U.S. Military during "Desert Shield Operation." e. Army Commendation Medal Certificate, from 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, for exceptionally meritorious service from 16 January 1991 to 1 March 1991, where he served as a radio telephone operator (RTO) during combat operations in Northern Saudi Arabia and Southern Iraq. f. Certificate, 1st Cavalry Division, for participation in Desert Storm/Desert Shield. 8. He was released from active duty on 1 March 1992 with an honorable characterization of service. His DD Form 214 and corresponding DD Form 215 show service in Southwest Asia from 27 September 1990 to 5 April 1991. He was awarded or authorized the following: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Expert Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar * Army Lapel Button * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal 9. There is no documentation in the applicant's record to show he was recommended for or awarded the Combat Infantryman Badge. 10. The ABCMR considered the applicant's request for correction of his DD form 214 to show award of the Combat Infantryman Badge and the Army Commendation Medal in ABCMR Docket Number AR20070010064, on 18 December 2007. A review of the applicant's record showed that a DD Form 215 was issued on 9 February 2007, adding the award of the Army Commendation Medal. The Board denied his request for award of the Combat Infantryman Badge, stating there was no evidence the applicant was assigned to an infantry unit engaged in active ground combat, which is a requirement for the award. 11. A letter from AHRC, Awards and Decorations Branch, dated 18 April 2022, shows ARHC was unable to facilitate the applicant's request for award of the Combat Infantryman Badge as the ABCMR previously denied his request. 12. 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. Personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. Upon review of the applicant’s petition and available military records Board found evidence in the record that show the applicant served as a RTO in HHC 1/9 Infantry and was performing infantry duties. The Board determined the applicant’s unit was engaged in active ground combat. Based on governing regulation the applicant met the criteria to be awarded the Combat Infantryman Badge (CIB). Therefore, the Board granted relief to award the CIB. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 by adding in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Combat Infantryman Badge (CIB). 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 NOTES: A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214. As such administratively correct his DD Form 214 by deleting the Kuwait Liberation Medal, and adding the following awards: * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) - a. 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces 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 recipient 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. b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. c. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. 2. AR 15-185 (ABCMR) sets forth procedures for processing requests for corrections to military records, including requests for the reconsideration of previous Board decisions. This regulation allows an applicant to request reconsideration of an earlier ABCMR decision, provided new evidence or a new argument exists that was not in the records or considered at the time of the ABCMR's original decision. 3. AR 15-185, paragraph 2-11 states applicants do not have the right to a hearing before the ABCMR. The Director of the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006942 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1