RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 JANUARY 2006
      DOCKET NUMBER:  AR20060006762


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 the award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was federally recognized as an
infantry branch officer (11A) from the National Guard Bureau.  He maintains
that he served in Iraq as an infantry platoon leader and assigned to the
corresponding paragraph and line number.  Additionally, the applicant
states that he was engaged in active ground combat in accordance with the
CIB regulation.  The applicant also admits that he graduated from the
Chemical Officer Basic Course prior to his deployment.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), Personnel Qualification Record
(PQR), Patrol Commander Debriefing Report Format, Federal Recognition
Letter, orders, Service School Academic Evaluation Report (AER), and
Officer Evaluation Report (OER).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he was appointed as an Infantry, Reserve
Commissioned Officer on 3 April 2004.

2. Service School AER, dated 22 October 2004, shows that the applicant
successfully completed Chemical Officer Basic Course.  The duration of the
course was listed as 7 June 2004 to 22 October 2004.  After completion of
the course, he was awarded 74A (Chemical) as his area of concentration
(AOC).

3.  Orders 312-231, dated 7 November 2004, shows that the applicant was
ordered to active duty, effective 13 November 2004, in support of Operation
Iraqi Freedom.  The order listed the applicant’s AOC as 74A.

4.  Orders 314-03, dated 9 November 2004, shows that the applicant was
assigned as a platoon leader for D/2-162 Infantry in AOC 11A.

5.  The Patrol Commander Debriefing Report Format, dated 30 January 2005,
shows that a patrol unit with C/2-162 Infantry, that established security
perimeter around a sector, was engaged by the enemy in small arms fire.
The report stated that the quick reaction force did not return fire as they
could not determine the exact direction of the fire.

6.  The applicant’s DD Form 214, for the period 13 November 2004 to 13
April 2005, shows his last duty assignment and major command as Company C,
2-162 Infantry Battalion.  This form lists the applicant’s primary
specialty as 74A.  It also shows that the applicant served in Iraq from 13
November 2004 to 18 March 2005.

7.  The applicant’s OERs, for the period from 23 October 2004 to 1 April
2005 and from 2 April 2005 to 22 October 2005, shows his branch as CM
(Chemical), 74A.  Both OER’s lists his principal duty title as platoon
leader with significant duties listed as “platoon leader of a 35 man Light
Infantry Rifle Platoon” and “platoon leader of 35 man Motorized Infantry
Rifle Platoon,” respectively.

8.  In the processing of this case, the Board’s staff obtained an advisory
opinion from the Chief, Personnel Division, National Guard Bureau (NGB),
Arlington, Virginia.  The Chief, Personnel Division, provided a brief
synopsis of the supporting documentation, provided to the Board by the
applicant.  The Chief, Personnel Division, stated that the applicant
requested branch transfer to Chemical Branch and completed Chemical Officer
Basic Course before deploying, but was not federally recognized until after
his return from deployment.  He said the applicant’s deployment OER shows
that his branch was chemical, but his principal duty title was listed as
infantry platoon leader.  Additionally, the applicant’s personnel
qualification record, dated 25 June 2005, reflected his duty position as an
11A.

9.  The Chief, Personnel Division, said that the applicant provided sworn
statements from members of his platoon that stated that he (applicant) and
members of his team were engaged by enemy fire, but did not return fire
because the team members were following the rules of engagement.  Further,
the commander’s debriefing report verified that the applicant and members
of his platoon were engaged by small arms fire while providing security.
However, the Chief, Personnel Division, admitted that NGB had no
jurisdiction in recommending approval or disapproval on the applicant’s
request for the CIB, because the officer was not infantry.  Therefore, NGB
recommended that the applicant’s request be forwarded to the Awards Branch,
Human Resources Command, Alexandria, Virginia, for their recommendation.






10.  The advisory opinion was forwarded to the applicant for his
acknowledgement and/or response.  On 7 August 2006, the applicant responded
by stating that his unit requested he be deployed as an officer in a rifle
platoon leader position.  However, NGB replied that they could not deploy
an officer with a combat support MOS to a combat MOS.  Therefore, his
branch transfer request was not submitted until after his deployment to
Iraq.  The applicant argued that he was not chemical branch qualified at
the time of deployment and he was federally recognized as infantry.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted and
warrant officer persons who have an infantry military occupational
specialty (MOS) or AOC.  They must have served in active ground combat
while assigned or attached to an infantry unit or brigade, regimental or
smaller size.

DISCUSSION AND CONCLUSIONS:

1.  Military records show that the applicant completed Chemical Officer
Basic Course and was awarded AOC 74A (Chemical) prior to his deployment to
Iraq.  His deployment orders also show his AOC as 74A.  The applicant’s
OER, during the period of deployment, shows his branch as chemical;
however, his principal duty title was listed as infantry platoon leader.

2.  Notwithstanding the applicant’s argument “that he was federally
recognized as an infantry officer” the evidence clearly shows that his AOC,
at the time of deployment, was 74A.  Therefore, his AOC precludes him from
being awarded the CIB.

3.  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 has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

__JA____  ___JP  __  ___SF __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board
unanimously determined during their review that the available evidence
presented was sufficient to warrant a recommendation for relief.  The
applicant was on orders as an infantry officer for his designated branch.
He may have been assigned on the Unit Manning Roster against a chemical
officer (74A) position, yet clearly the applicant served as an infantry
platoon leader engaged by the enemy in small arms fire.  As a result, the
Board determined that the applicant was serving as an infantry platoon
leader while holding a legitimate infantry officer area of concentration.
Therefore, the overall merits of this case are sufficient for correction of
the records of the individual concerned to show award of the combat
infantryman badge.




                                  ____James Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006762                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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