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ARMY | BCMR | CY2006 | 20060011099
Original file (20060011099.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060011099 


	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

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Hubert Fry

Chairperson

Mr. William Crain

Member

Mr. Dale DeBruler

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 award of the Combat Infantryman Badge.

2.  The applicant states that he served 30 plus consecutive days in the combat zone during the Persian Gulf War.

3.  The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record); orders for the Expert Infantry[man] Badge; a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 January 1994; a DD Form 214 for the period ending 29 February 2004; and a DD Form 215 (Correction to DD Form 214), dated 14 June 2006.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 27 March 1990 for a period of 4 years.  His DA Form 2-1 shows he completed advanced individual training in military occupational specialty (MOS) 11B (infantryman) and completed a 2-week course in MOS 11M (fighting vehicle infantryman).  He served as a fighting vehicle infantryman in Southwest Asia from 17 February 1991 to 16 March 1991 and was released from active duty on 7 January 1994.

2.  The applicant’s DD Form 214 for the period ending 7 January 1994 does not show the Combat Infantryman Badge as an authorized award.

3.  The applicant enlisted on 1 March 2001 for a period of 3 years.  He served as a light wheel vehicle mechanic in Southwest Asia from 2 March 2003 to 29 July 2003.  On 29 February 2004, the applicant was honorably discharged.

4.  The applicant’s DD Form 214 for the period ending 29 February 2004 does not show the Combat Infantryman Badge as an authorized award.

5.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.

6.  A DD Form 215, dated 14 June 2006, shows the applicant’s DD Form 214 for the period ending 29 February 2004 was amended to show the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal.  


7.  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, and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 
8-6b and c to be awarded the Combat Infantryman Badge during the period 
17 January 1991 to 11 April 1991.  These paragraphs state 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.  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.

DISCUSSION AND CONCLUSIONS:

There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.  Although the evidence of record shows the applicant served in an infantry MOS during his assignment in Southwest Asia in 1991, there is no evidence of record which shows his unit was engaged in active ground combat or that he was personally present and under hostile fire in Southwest Asia.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

HF______  _WC____  _DD_____  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.




___Hubert Fry_________
          CHAIRPERSON




INDEX

CASE ID
AR20060011099
SUFFIX

RECON

DATE BOARDED
20070213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.


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