IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025097 


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 records to show the Combat Infantryman Badge.

2.  The applicant is also requesting a change in the characterization of his discharge; however, because his discharge from the Army took place in 2009, this portion of his request falls within the purview of the Army Discharge Review Board (ADRB).  This portion of his request was transferred to the ADRB and as a result, it will not be discussed further in this Record of Proceedings.  He has been notified by separate correspondence about the action taken on his request.

3.  The applicant states he was deployed to Iraq and was shot while on patrol.

4.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 March 2005.  Upon completion of initial entry training, he was awarded military occupational specialty 11B (Infantryman).  He served in Iraq from 14 September 2005 to 30 April 2006.

2.  Headquarters, 101st Airborne Division (Air Assault), Permanent 
Orders 317-001D, dated 29 November 2005, awarded him the Purple Heart for wounds received as a result of enemy or hostile actions on 24 November 2005.  The circumstances surrounding his wound are not known.
3.  There are no orders or any other documents in his official military personnel file (OMPF) that indicate he was recommended for or awarded the Combat Infantryman Badge.

4.  He was discharged on 13 March 2009 because of misconduct with his service characterized as under other than honorable conditions.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Infantryman Badge.

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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show the Combat Infantryman Badge.

2.  There is no evidence in his OMPF indicating he was awarded or recommended for the Combat Infantryman Badge.  He served as an infantryman assigned to an infantry unit and was awarded the Purple Heart for wounds received as a result of enemy or hostile actions; however, the circumstances surrounding his wound are not known.  It cannot be established whether or not he received the wound while engaged in active ground combat and actively participating in such ground combat.  Additionally, it does not appear that the applicant satisfactorily performed his duty since he received a less than honorable discharge.  As a result, there is insufficient evidence to support awarding him the Combat Infantryman Badge.

3.  In view of the foregoing, the applicant's request should be denied.


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 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)                                         AR20100025097



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ABCMR Record of Proceedings (cont)                                         AR20100025097



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