RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050005569


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, in effect, that the Combat Infantryman Badge be
added to his DD Form 214, Certificate of Release or Discharge from Active
Duty.

2.  The applicant states, in effect, that he was awarded the Combat
Infantryman Badge in approximately September 2003.

3.  The applicant provides a copy of his DD Form 214 but no other
documents, to include a copy of the award orders for the Combat Infantryman
Badge, to support his request for addition of this award to his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 March 2001.  The
applicant completed advanced individual training and was awarded the
military occupational specialty (MOS) 11B (Light Weapons Infantryman).

2.  Item 18 (Remarks), of the applicant's DD Form 214, shows he served in
Iraq from 27 March 2003 through 10 March 2004.  Item 12 (Record of
Service), of the applicant's DD Form 214, shows he served 11 months and 14
days foreign service.

3.  The applicant's Enlisted Records Brief  shows  he  was  promoted  to the
rank and pay grade, Specialist, E-4, on 1 April 2003, while he was in Iraq.

4.  The applicant was assigned as an automatic rifleman, in the MOS 11B, to
Company B, 2nd Battalion, 8th Infantry Regiment, with a home station of
Fort Hood, Texas.

5.  On 24 September 2003, the applicant was honorably discharged for the
purpose of reenlisting in the Regular Army.  On 25 September 2003, the
applicant reenlisted in the Regular Army and served on active duty until
29 September 2004 when he was discharged, under honorable conditions, in
the rank and pay grade, Private, E-1, under the provisions of Army
Regulation 635-200, Chapter 14, Paragraph 14-12C(2), for misconduct.

6.  On the date of his discharge, the applicant had completed 3 years and
6 months total active military service of which 11 months and 14 days
were served in Iraq.
7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized), of the applicant's DD Form 214, Certificate of
Release or Discharge from Active Duty, shows that he received the National
Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the
Global War on Terrorism Service Medal, and the Army Service Ribbon.  The
Combat Infantryman Badge is not shown as an authorized award.

8.  Item 9 (Awards, Decorations and Campaigns), of the applicant's DA Form
2-1, Personnel Qualification Record, Part II, does not show the Combat
Infantryman Badge as an authorized award.

9.  Section VIII (Awards and Decorations), of the applicant's Enlisted
Record Brief, does not show the Combat Infantryman Badge as an authorized
award.

10.  A copy of orders announcing award of the Combat Infantryman Badge to
the applicant are not on file in his microfiche Official Military Personnel
File (OMPF) and the applicant did not provide a copy of the orders in
support of his request for addition of the award to his DD Form 214.

11.  AR 600-8-22, Paragraph 8-6 provides, in pertinent part, that there are
basically three requirements for award of the CIB.  The soldier must be an
infantryman satisfactorily performing infantry duties, must be assigned to
an infantry unit during such time as the unit is engaged in active ground
combat, and must actively participate in such ground combat.  Campaign or
battle credit alone is not sufficient for award of the CIB.  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.  The unit in question can be of
any size smaller than brigade.  For example, 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.  Battle or campaign participation credit
alone is not sufficient; the unit must have been in active ground combat
with the enemy during the period.  In an unclassified message, date and
time group 110501Z March 2002, from Headquarters, U.S. Army Personnel
Command [now the Human Resources Command], clarification was made to the
criteria specified in paragraph 8-6 of the Awards regulation.  This message
emphasized that, "the Soldier must be engaged in active ground combat to be
eligible for award of the Combat Infantryman Badge.  The fact that an
infantryman's unit engages the enemy or receives battle participation
credit does not entitle the Soldier to the badge.  The infantryman must
have been personally under fire while assigned to the infantry unit."

12.  AR 635-5 prescribes the separation documents that must be prepared
for Soldiers on retirement, discharge, release from active duty service,
or control of the Active Army.  It establishes standardized policy for
preparing and distributing the DD Form 214.  Paragraph 2-4.h.(13) requires
that all awards and decorations, for all periods of service, in the
priority sequence specified in AR 600-8-22, will be verified from the
Soldier's records and entered in Item 13 of the DD Form 214.  This
regulation prohibits the use of abbreviations.

13.  AR 600-8-104 prescribes policies, operating tasks, and steps governing
the Official Military Personnel File; the Military Personnel Records
Jacket; the Career Management Individual File; Army Personnel Qualification
Records; and Military Personnel Information Management.

14.  Paragraph 2-3, of the above referred to regulation provides the
policies and procedures for filing of documents in a Soldier's Official
Military Personnel File (OMPF).  The OMPF is divided into three separate
and distinct sections known as the "P" fiche (for performance fiche), the
"S" fiche (for service fiche), and the "R" fiche (for restricted fiche).
The "P" fiche is used for filing performance, commendatory, and
disciplinary data.  The "P" fiche is routinely used by career managers and
selection boards.  Documents placed on this fiche are limited to those that
provide evidence of a soldier's demonstrated performance.  These documents
are used for evaluation and selection purposes.  The "CD"
(Commendatory/Disciplinary) section is a part of the "P" fiche.
Performance data are entered on the "P" fiche from left to right beginning
at the upper left corner. "CD" data are entered from right to left
beginning at the lower right corner.  No other division or arrangement of
images is authorized.  Documents will be placed in the "P" or "CD" sections
as they are received by the custodian.  According to Table 2-1 (Composition
of the OMPF), award orders (which includes badges, tabs, bars, and so
forth) are to be filed in the commendatory/disciplinary section of the "P"
fiche.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant served as a Regular Army Soldier
for 3 years and 6 months total active military service.

2.  The applicant served in Iraq for the period 27 March 2003 through
10 March 2004, a period of 11 months and 14 days, with Company B, 2nd
Battalion, 8th Infantry Regiment.
3.  There is no evidence in the applicant's service personnel records, or
in his OMPF, and the applicant provided none, to support his statement that
he was awarded the Combat Infantryman Badge while he served in Iraq.  There
is also no evidence that the applicant was personally engaged in active
ground combat with his unit against an armed enemy to support award of the
Combat Infantryman Badge.  The applicant is therefore ineligible to have
the Combat Infantryman Badges added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TSK___  _JBM___  _RLD___  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.





                                  _____Ted S. Kanamine______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050005569                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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