IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080012104
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, that he was an infantryman and that he served from October 2001 to September 2005 with Bravo Company, 1st Battalion, 22nd Infantry of the 4th Infantry Division. He contends that he was in Iraq from April 2003 to April 2004 and that during that time he participated in numerous firefights, combat patrols, combat convoys, and other infantry actions. He states that the Bradley he was riding in was hit by an explosive device. The driver was severely injured and he received a concussion. He further states that there was a company formation in October 2003 and the company commander and first sergeant presented him with the Combat Infantryman Badge.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted on 6 June 2001 and trained as an infantryman. He served in Iraq from 5 April 2003 to 4 April 2004. On 23 September 2005, the applicant was discharged with a general discharge under the provisions of Army Regulation 635-200 for misconduct.
2. The applicantÂ’s DD Form 214 shows the National Defense Service Medal, the Army Service Ribbon, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal as authorized awards.
3. There are no orders for the Combat Infantryman Badge in the available records.
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. 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 applicantÂ’s service personnel records. Although the evidence of record shows the applicant
served as an infantryman during his assignment in Iraq, there is no evidence of record and he provides no evidence which shows he was assigned to an infantry unit that engaged in active ground combat or that he was personally present and under hostile fire in Iraq. 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
___XX_____ ___XX_____ ___XX_____ 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.
______XXXX_ _ _______ ___
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) AR20080012104
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ABCMR Record of Proceedings (cont) AR20080012104
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