RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            11 October 2006
      DOCKET NUMBER:   AR20060003707


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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 that his awards of the Combat Medical Badge
(CMB) and the Combat Infantryman Badge (CIB) be added to his report of
separation (DD Form 214).

2.  The applicant states that he earned the awards of the CMB and CIB and
they are not reflected on his DD Form 214.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in Phoenix, Arizona on 22 August 2000 for a
period of 4 years and training as a medical specialist.  He successfully
completed his training as a medical specialist at Fort Sam Houston, Texas
and was transferred to Fort Sill, Oklahoma for assignment to a Field
Artillery Battalion as a medic.  He was awarded an Army Achievement Medal
(AAM) on 19 June 2002.

2.  He served in Southwest Asia (SWA) with his unit, which was a multiple
launch rocket system (MLRS) battery from 13 April 2003 to 7 April 2004,
when he was returned back to Fort Sill.  He remained at Fort Sill until he
was honorably released from active duty (REFRAD) on 21 August 2004 due to
completion of required service.  He had served 4 years of total active
service and his DD Form 214 issued at the time of his REFRAD indicates that
he was awarded the National Defense Service Medal, the Army Service Ribbon,
the Global War on Terrorism Service Medal, and the Global War on Terrorism
Expeditionary Medal.

3.  There is no evidence in the available records to show that the
applicant was awarded the CIB or CMB, nor is there any evidence to show he
was assigned or attached to an infantry unit or that he performed medical
duties while his MLRS artillery battery was engaged in active ground
combat.

4.  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, 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.
Eligibility for special forces personnel (less the special forces medical
sergeant) accrues from 20 December 1989.  Retroactive awards for special
forces personnel are not authorized.  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.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Medical Badge (CMB) is awarded to medical department
personnel (colonel and below) who are assigned or attached to a medical
unit of company or smaller size that is organic to a ground combat arms
unit of brigade, regimental or smaller size which is engaged in active
ground combat.  Battle participation credit is not sufficient; the unit
must have been in contact with the enemy and the Soldier must have been
personally present and under fire during such ground combat.  Soldiers may
not be awarded both the CIB and the CMB.  The sole criteria which qualifies
medical personnel for award of the CMB is to be assigned or attached to a
combat arms unit engaged in active ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he earned the awards of the CIB and CMB
while serving in SWA has been noted; however, he has failed to show through
evidence submitted with his application or the evidence of record that such
was the case.

2.  The applicant did not possess an infantry military occupational
specialty (MOS) and was not assigned or attached to an infantry unit
engaged in combat with the enemy.  Although he was assigned as a medic to a
MLRS artillery battery, there is no evidence in the available records to
show that he was present when or if the unit engaged the enemy in ground
combat. Therefore, lacking evidence to the contrary, there appears to be no
basis to add those awards to his records.

3.  However, the applicant was awarded the AAM and that award was not
included on his DD Form 214 at the time of his REFRAD.  Accordingly, it
would be in the interest of justice to do so at this time.




4.  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

____PM _  ___DG _  ___RV___  DENY APPLICATION – W/NOTE

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 his award of the AAM.




                                  _____Patrick_McGann_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003707                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20040821                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 4                        |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |157/CIB                                 |
|1.107.0111              |                                        |
|2.107.0113              |159/CMB                                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]