IN THE CASE OF:	    

		BOARD DATE:	         13 November 2008

		DOCKET NUMBER:   AR20080012234 


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 his record is in error due to the fact that he was awarded the Combat Infantryman Badge on/or about 1 February 2003 while he was assigned to the 2d Battalion of the 505th Parachute Infantry Regiment in the 82d Airborne Division and it is not annotated on his DD Form 214.

3.  The applicant provides a one page extract from a deployment roster and a Soldier Deployment History Outprocessing Report as additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted into the United States Army Delayed Entry Program on 15 August 2001 and entered active duty on 16 January 2002.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).  On 5 October 2006, he completed the Medical Equipment Repairer Course and was awarded MOS 68A (Medical Equipment Repairer).  The highest rank he attained while serving on active duty was the rank of specialist (SPC)/pay grade E-4.  On 21 August 2007, the applicant was discharged due to a noncombat-related disability with an honorable characterization of service.
2.  Section I (Assignment Information - Oversea Service/Deployment Combat Duty) of the applicant's Enlisted Record Brief, dated 23 July 2007, shows that he had no tours of overseas service, deployment, or combat duty.  Section VII (Awards and Decorations) of this form does not show award of the Combat Infantryman Badge or any awards or decorations typically awarded for deployment into a combat theater of operations.  Section IX (Assignment Information) of this form shows the applicant was assigned to the 2d Battalion of the 505th Parachute Infantry Regiment in the 82d Airborne Division based at Fort Bragg, North Carolina during the period 18 July 2002 through 21 November 2005.  This form does not show the applicant served in an overseas location at any time during the period 16 January 2002 through 23 July 2007.

3.  Item 11 (Primary Specialty) of the applicant's DD Form 214 covering the period 16 January 2002 through 21 August 2007 shows he held primary MOS 11B for a period of 5 years and 1 month prior to reclassifying into MOS 68A.  Item 12f (Foreign Service) of this form indicates the applicant did not complete any foreign service during this period of active duty.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show award of the Combat Infantryman Badge or any awards or decorations typically awarded for deployment into a combat theater of operations.  Item 21 (Signature of Member Being Separated) shows the applicant authenticated this form with his signature on the date of his separation.  In effect, his signature was his verification that the information on the separation document, to include his foreign service and the list of awards, was correct at the time the separation document was prepared and issued.

4.  The applicant provides page number 7 of a 15 page deployment roster for the 2d Battalion of the 505th Parachute Infantry Regiment, dated 9 January 2003, which was apparently part of an enclosure for an order numbered 009-02.  This document, in pertinent part, shows the applicant's name, social security number, MOS, and unit identification code (UIC) "WABVB0."

5.  The applicant provides a Soldier Deployment History Outprocessing Report for the period 18 July 2002 to 1 November 2005, dated 1 November 2005.  This form shows the applicant deployed in support of:

	a.  a contingency operation to a location within the United States during the period 7 January 2003 through 22 August 2003;

	b.  a war to a location outside the United States during the period 22 August 2003 through 24 August 2003;

	c.  a war to a location outside the United States during the period 10 January 2004 through 28 April 2004; and 

	d.  a humanitarian operation to a location within the United States during the period 3 September 2005 through 27 September 2005.

6.  A thorough review of the applicant's available service personnel records did not reveal any evidence that the applicant served in an infantry MOS, or any other MOS, while participating in active ground combat with enemy forces.

7.  The applicant's Official Military Personnel File is void of any orders or other documents that indicate he was recommended for or awarded the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and paragraph 8-6 contains guidance on award of the Combat Infantryman Badge.  It states, in pertinent part, that there are three basic requirements for award of the Combat Infantryman Badge.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge was carefully considered.  However, by regulation, in order to support award of the Combat Infantryman Badge there must not only be evidence that a member served in an infantry MOS in an infantry unit but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

2.  The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty.


3.  Further, the Combat Infantryman Badge is also not included in the list of awards contained on his DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his signature was his verification that the information on the separation document, to include the list of awards, was correct at the time the separation document was prepared and issued.  

4.  The applicant contends that he was awarded the Combat Infantryman Badge on or about 1 February 2003.  The articles provided by the applicant corroborate the fact that he deployed to a location within the United States in support of a contingency operation during the period 7 January 2003 through 22 August 2003, but he provided no evidence pertinent to his request.  Therefore, the articles do not corroborate the applicant's claim that he is entitled to award of the Combat Infantryman Badge.

5.  Although the evidence of record shows the applicant was performing infantry duties in an infantry unit there is no evidence confirming he was personally present and participating with the unit while it was engaged in active ground combat with enemy forces.  As a result, the regulatory burden of proof necessary to support award of the Combat Infantryman Badge has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served in combat and who faced similar circumstances to grant the requested relief.

6.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  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.




      _______ _   _X______   ___
               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)                                         AR20080012234



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ABCMR Record of Proceedings (cont)                                         AR20080012234



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