RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060013126 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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, in effect, that his Combat Action Badge be changed to the Combat Infantryman Badge.

2.  The applicant states that he is an infantryman with a primary specialty of 11A and was attached to an Infantry Battalion at the time of the event that lead to the award of the Combat Action Badge.  He further states that he was working in the position of a civil affairs officer at the time but had not changed his primary specialty.

3.  The applicant provides copies of his reassignment orders dated 28 March 2005; active duty orders dated 14 April 2005; reassignment orders dated 1 June 2005; Personnel Action Request for Award of Combat Action Badge and subsequent orders dated1 April 2006; and his Certificate of Release or Discharge from Active Duty (DD Form 214). 

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was an infantry major assigned with the 1st Battalion, 339th Regiment, 7th Brigade, 100th Division, Louisville, Kentucky.  

2.  Orders 05-087-00002, 100th Division, dated 28 March 2005, reassigned the applicant to the 351st Civil Affairs Command, Mountain View, California.  It further shows his basic branch as infantry.

3.  Orders 05-104-00011, Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina, dated 14 April 2005, ordered the applicant to active duty with the 422nd Civil Affairs Battalion, 4th Infantry Division, for the purpose of mobilization in support of Operation Iraqi Freedom.  

4.  Permanent Orders Number 091-021, Multi-National Division, Camp Liberty, Iraq, dated 1 April 2006, award the applicant the Combat Action Badge for active engagement with the enemy on 20 January 2006, while assigned to the 422nd Civil Affairs Battalion.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Bronze Star Medal, Army Good Conduct Medal, National Defense Service Medal with bronze service star, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Army Reserve Component Overseas Training Ribbon with Numeral Two, Armed Forces Reserve Medal with "M" Device, and the Parachutist Badge.  It does not show award of the Combat Action Badge or Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

7.  Army Regulation 600-8-22, provides, in pertinent part, for award of the Combat Action Badge (CAB) to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the CAB are Branch and MOS immaterial. Assignment to a Combat Arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended for award to all Soldiers who serve in a combat zone or imminent danger area.  Specific eligibility requirements are: (1) All Soldiers are eligible; (2) Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; (3) Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; (4) Soldier must be assigned or attached to a unit that would not qualify the Soldier for the CIB/CMB.  For example, an 11B assigned to an infantry battalion is not eligible for award of the CAB.  However, an 11B assigned to Corps staff is eligible for award of the CAB.  Award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized.  Second and subsequent awards of the CAB are as follows: (1) only one CAB may be awarded during a qualifying period; (2) second and subsequent awards of the CAB will be indicated by superimposing one and two stars respectively, centered at the top of the badge between the points of the oak wreath.  Retroactive awards of the CAB are not authorized prior to 18 September 2001.  Soldier may be awarded the CIB, CMB and CAB for the same qualifying period, provided the criteria for each badge are met.  However, subsequent awards of the same badge within the same qualifying period are not authorized.

DISCUSSION AND CONCLUSIONS:

1.   The evidence clearly shows that the applicant was an infantryman serving in Iraq with the 4th Infantry Division.  However, there is no evidence showing that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  
2.  The evidence clearly shows that the applicant was assigned to a civil affairs battalion at the time he was awarded the Combat Action Badge. 

3.  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

__LWR__  ___MKP_   __REB__  DENY APPLICATION

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 that, in addition to the remaining awards shown on his DD Form 214, his authorized awards include the Combat Action Badge.




__Margaret K. Patterson_
          CHAIRPERSON




INDEX

CASE ID
AR20060013126
SUFFIX

RECON

DATE BOARDED
20070315
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.