IN THE CASE OF:	  

		BOARD DATE:	       14 May 2009

		DOCKET NUMBER:  AR20080019205 


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.

2.  The applicant states, in effect, he needs his records corrected to show he was awarded the Combat Infantryman Badge to assist him in filing for Department of Veterans Affairs benefits.  He also indicates he was assigned to Company B, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 January 2002, completed training and was awarded military occupational specialty 11B (Infantryman).

2.  The applicant’s DD Form 214 shows that he was honorably released from active duty on 13 January 2005.  He had completed 1 year, 1 month, and 1 day of foreign service, but the DD Form 214 does not show where this service was performed.  His last duty assignment is listed as Company B, 1st Battalion, 67th Armor.  His awards are shown as: the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the National Defense Service Medal, and the Army Service Ribbon.

3.  The applicant's iPERMS (integrated Personnel Electronic Records Management System) contains no documentation related to the applicant's period of active duty except for his enlistment and separation documents.  

4.  There are no orders to show the applicant was awarded the Combat Infantryman Badge.

5.  The Enlisted Record Brief, associated with the applicant's separation documents, does not list an assignment with Company B, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division.  The following hand written notation is shown under the foreign service section, "030301 040401 Iraq."  

6.  Army Regulation 600-8-22 (Personnel Separations), paragraph 8-6 sets forth the Army policy and procedures for award of the Combat Infantryman Badge.  In effect, that paragraph states that there are three basic requirements for award of the Combat Infantryman Badge.  The enlisted Soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record does not contain any evidence and the applicant did not provide any evidence to show he was awarded the Combat Infantryman Badge.  There is also no evidence to support that he was assigned to an infantry unit and that he was personally present during a period when the unit engaged in active ground combat against a hostile force.  Therefore, there is insufficient to show he was awarded the Combat Infantryman Badge. 

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20080019205



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ABCMR Record of Proceedings (cont)                                         AR20080019205



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