RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 August 2005
      DOCKET NUMBER:  AR20040010350


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
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 and “any and all awards.”

2.  The applicant states that he served in Iraq with 2d Battalion, 8th
Infantry and that “orders were made out for the whole battalion.”  He did
not receive a copy of the orders and desires to have the Combat Infantryman
Badge added to his separation document.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records consist of two microfiche, the bulk of
which contain documents pertaining to his enlistment and separation from
the Army.  The available records show that the applicant enlisted in the
Regular Army on 8 March 2001 and served in Military Occupational Specialty
11C10 (Indirect Fire Infantryman) with 2d Battalion, 8th Infantry at Fort
Hood, Texas.  He was honorably separated from active duty in pay grade E-4
on 7 March 2004.

2.  There are no orders or any other evidence that shows the applicant was
awarded the Combat Infantryman Badge.

3.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that 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
satisfactorily perform 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.

4.  Paragraph 1-25 of the regulation provides that permanent awards of
badges, except basic marksmanship qualification badges, identification
badges, and the Physical Fitness Badge will be announced in permanent
orders by commanders authorized to make the award or permanent orders of
Headquarters, Department of the Army.  There are no provisions in the
regulation for award of combat badges to a unit.

5.  Headquarters, 2d Battalion, 8th Infantry Regiment Permanent Orders
Number 052-10, announced award of the Army Achievement Medal to the
applicant, for meritorious achievement during the period 4 to 14 February
2002.

6.  Headquarters, 2d Battalion, 8th Infantry Regiment Permanent Orders
Number 191-70, announced award of the Army Achievement Medal to the
applicant, for meritorious achievement during the period 1 to 31 May 2002.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records that shows the applicant
was awarded, or is entitled to, the Combat Infantryman Badge.  Therefore,
he is not entitled to correction of his records to show this combat badge.

2.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jea __  ___rtd___  ___lmd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.
2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Army Achievement Medal with First Oak Leaf
Cluster.




            ___James E. Anderholm_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010350                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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