RECORD OF PROCEEDINGS


	IN THE CASE OF:	.


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060016010


	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:


Mr. Kenneth L. Wright

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Ms. Karmin S. Jenkins

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 for his service in Iraq.

2.  The applicant states that he was awarded the Combat Infantryman Badge; however, it was revoked.  He wants this revocation reversed based on the fact that the awards policy stipulates an individual recommended for this award must hold an infantry military occupational specialty (MOS), but does not require it to be his primary MOS.  The applicant further states that his MOS was 11B2O (Infantryman) prior to the time of his mobilization.  He was conducting a recruiting mission for the 189th Engineer Company when he received orders mobilizing the Soldiers he had recruited for active duty with the 276th Engineer Battalion.  He volunteered to go with the Soldiers he had recruited to help them in their missions.  He was assigned to the 2nd Platoon of B Company, 276th Engineer Battalion.  His platoon’s mission was as Stryker infantry dismounts for the various units as follows: Mortar Section in the 1st Battalion, 23rd Infantry Regiment; Stryker Brigade in the 2nd Infantry Division; 2nd Battalion, 14th Cavalry Regiment; 2nd Battalion, 4th Infantry Regiment, and in the 1st Infantry Brigade, 25th Infantry Division.  He conducted infantry missions of cordon searches, raids, patrols, and security of the Stryker vehicles dismounted while various leadership personnel conducted inspections of Iraqi police and Army units and compounds in the assigned area of operation.  The applicant believes that the Commander, 1st Infantry Brigade, 25th Infantry Division, awarded him the Combat Infantryman Badge in accordance with Army Regulation 600-8-22 for the types of missions conducted by his platoon in support of the various units.  This commander's recommendation for awards should carry weight since he was the signer of the Combat Infantryman Badge and the Army Commendation Medal and had direct knowledge of what missions were performed.   

3.  The applicant provides a copy of orders and award certificate for the Combat Infantryman Badge, orders awarding him the Army commendation Medal, and his Certificate of Release or Discharge from Active Duty (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  On 18 December 2003, the applicant, an Army National Guard sergeant was ordered to active duty in support of Operation Iraqi Freedom.  His primary MOS was 21B2O (Combat Engineer).  His secondary MOS was 11B2O (Infantryman).

2.  The applicant was mobilized with Company B, 276th Engineer Battalion and served in Iraq from 29 February 2004 to 9 February 2005. 

3.  Orders 280-091, 2nd Support Brigade Combat Team, dated 8 October 2004, awarded the applicant the Army Commendation Medal for meritorious service during the period from 1 March 2004 to 28 February 2005, while serving in the Iraqi Theater of Operations with the 276th Engineer Battalion.

4.  Orders 049-002, 1st Brigade, 25th Infantry Division, dated 18 February 2005, awarded the applicant the Combat Infantryman Badge for the period from 
15 October 2004 to 15 January 2005, while assigned with the 276th Engineer Battalion.  Revocation orders are not available for review.

5.  On 4 April 2005, the applicant was released from active duty.  He had completed 1 year, 3 months, and 17 days of creditable active duty.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows his awards as the Army commendation Medal, Army Achievement Medal, Navy Unit Commendation, Army Reserve Components Achievement Medal with Oak Leaf Cluster, National Defense Service Medal with bronze service star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with “M” Device, Noncommissioned Officer’s Professional Development Ribbon, Army Service Ribbon, and the Bronze Excellence in Competition Badge, Pistol Shot.  It does not show award of the Combat Infantryman Badge or the Combat Action Badge.  

7.  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.

8.  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 provided by the applicant shows that he was awarded the Combat Infantryman Badge, and that it was revoked.  However, the revocations orders are not available for review.

2.  The evidence clearly shows that the applicant was assigned to the 276th Engineer Battalion for his entire tour of duty in Iraq.

3.  The evidence clearly shows that the applicant held an infantryman MOS and served in combat.  However, he was not assigned to a qualifying infantry unit of brigade, regimental, or smaller size.  Therefore, his request for award of the Combat Infantryman Badge should not be granted.

4.  However, the applicant may be authorized award of the Combat Action Badge.  Regular Army and Reserve Component Soldiers should submit their request through their first brigadier general commander in their chain of command to the United States Army Human Resources Command, Attention: AHRC-PDO-PA, 200 Stovall Street, Alexandria, Virginia 22332.  The request should be submitted on a DA Form 4187 and include supporting documentation and a copy of their DD Form 214, if applicable.  Veterans, Individual Ready Reserve, members of the other military services, and foreign military personnel should submit a written request directly to the same address.  







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KLW__  ___PHM _  __KSJ __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.





___Kenneth L. Wright____
          CHAIRPERSON

INDEX

CASE ID
A20060016010
SUFFIX

RECON
 
DATE BOARDED
20070510 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0111.0000
2.

3.

4.

5.

6.