RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20070005193


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 (CIB).

2.  The applicant states that he served on active duty with the Washington
State Army National Guard (WAARNG) and that he was engaged by the enemy
while he was on patrol.

3.  The applicant provides a copy of a Personnel Action (DA Form 4187); and
a copy of his National Guard Bureau Report of Separation and Record of
Service (NGB Form 22).

CONSIDERATION OF EVIDENCE:

1.  The available records show that the applicant had completed 11 years,
4 months and 25 days of net active service when he enlisted in the WAARNG
on 27 May 2003, for 1 year, in the pay grade of E-5.  The available record
is unclear as to the number of years; however, the records do show that he
reenlisted in the WAARNG on 9 June 2003 and that he was awarded an
infantryman military occupational specialty.

2.  Orders were published on 14 November 2003, ordering the applicant to
active duty in support of Operation Iraqi Freedom, with a reporting date of
15 November 2003.

3.  The DA Form 4187 that the applicant submits in support of his
application indicates that the applicant was attached to Company A, 1st
Battalion, 161st Infantry Regiment (Mechanized), 3rd Brigade Combat Team
when he was recommended for award of the Combat Infantryman Badge for
engaging in ground combat on 10 April 2004.  In a DA Form 4187, the
applicant's commanding officer indicated that the applicant, while
participating in combat operations to liberate Iraq in support of Operation
Iraqi Freedom II, was participating in a route reconnaissance patrol to
confirm or deny enemy activity along route Patriot when the patrol was
ambushed by enemy insurgents with rocket propelled grenades and small arms
fire.  The commanding officer indicated that all members of the patrol
returned well aimed fire breaking contact and the enemies' will to continue
to fight.  The 4187 submitted by the applicant was never dated, approved or
signed by the appropriate authorities.




4.  The applicant was honorably released from active duty (REFRAD) on 9
April 2005, under the provisions of Army Regulation 635-200, chapter 4,
upon completion of his required active service.  The DD Form 214 that he
was furnished at the time of his REFRAD shows that he was awarded the Army
Achievement Medal (Second Award), the Combat Actions Ribbon, the
Meritorious Unit Commendation, the Navy Unit Commendation, the Marine Corps
Good Conduct Medal, the National Defense Service Medal w/one Bronze Service
Star, the Global War on Terrorism Expeditionary Medal, the Global War on
Terrorism Service Medal, the Armed Forces Expeditionary Medal, the Armed
Forces Reserve Medal w/M Device, the Southwest Asia Service Medal w/two
Bronze Service Stars, the Southwest Asia Service Medal, the Noncommissioned
Officer Professional Development Ribbon, the Army Service Ribbon, the Army
Good Conduct Medal (Third Award), Two Overseas Service Bars, the Overseas
Service Ribbon (Second Award) the Sea Service Development Ribbon, the
Kuwait Liberation Medal (Government of Kuwait), the Kuwait Liberation
Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the
Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

5.  The applicant was honorably discharged from the WAARNG in accordance
with National Guard Regulation 600-200, paragraph 8-26i, at the expiration
of his term of service.  The NGB Form 22 that he was furnished at the time
of his discharge indicates that he was awarded the Armed Forces
Expeditionary Medal, The Armed Forces Reserve Medal, the Army Good Conduct
Medal (Third Award), the Marine Corps Good Conduct Medal, the National
Defense Service Medal w/one Bronze Service Star, the Noncommissioned
Officer Professional Development Ribbon, Two Overseas Service Ribbons, the
Southwest Asia Service Medal w/one Bronze Service Star, the Sea Service
Development Ribbon, the Army Service Ribbon, the Southwest Asia Service
Medal, the Kuwait Liberation Medal (Southwest Asia), the Kuwait Liberation
Medal (Kuwait), the Combat Action Ribbon, the Army Achievement Medal
(Second Award), the Meritorious Service Medal, the Navy Unit Commendation
and the National Guard Service Ribbon (10 years).

6.  The CIB was never included on his DD Form 214 nor his NGB Form 22.

7.  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 specialty, satisfactorily performed duty while assigned or
attached as a member of an infantry 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 primary duty, in a unit actively engaged in ground
combat with the enemy.

8.  Department of Defense Instruction 1348.33 (Military Awards Program)
shows that the Combat Action Ribbon was authorized by the Secretary of the
Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the
U.S. Marine Corps and the U.S. Coast Guard operating under the control of
the U.S. Navy in the grade of 0-6 and below who have actively participated
in ground or surface combat.  The Department of Defense Instruction lists
the actions for which the Combat Action Ribbon is authorized beginning with
Southeast Asia (1 March 1961 and ending with Operation Desert Storm in
1991.

9.  Department of Defense Instruction 1348.33 also states that an
individual who earned the Combat Infantryman Badge in the Army may be
authorized to wear the Combat Action Ribbon as a member of the U.S. Navy,
the U.S. Marine Corps or the U.S. Coast Guard.

10.  Department of Defense Instruction 1348.33 states that an individual
who earned the Combat Infantryman Badge in the Army may be authorized to
wear the Combat Action Ribbon instead.

11.  To date, a separate award of the CIB has been authorized for qualified
Soldiers in the War on Terrorism (Afghanistan, Operation Enduring Freedom)
and (Iraq, Operation Iraqi Freedom).

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicable regulation, the information contained in the
applicant's official file and the documentation submitted by the applicant,
he is entitled to award of the Combat Infantryman Badge.

2.  The available records indicate that he was awarded a Combat Action
Ribbon during a separate period of qualifying service, while he was a
member of the United States Marine Corps.  He qualified for the CIB for
combat service during Operation Iraqi Freedom, thereby entitling him to
wear both decorations.

3.  The evidence of record shows that he was assigned to an infantry
regiment, serving in an infantryman military occupational specialty when he
was engaged in ground combat with enemy forces.  Although the DA Form 4187
that he submitted in support of his application was never signed and
approved, he is entitled to the Combat Infantryman Badge in accordance with
the applicable regulation and his records should be corrected to reflect
this decoration.

4.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

BOARD VOTE:

__TMR___  __GJP__  __BPI___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by awarding him the CIB and amending his DD Form 214 to reflect
this decoration.

2.  Insofar as records of the Washington Army National Guard are concerned,
the Army Board for Correction of Military Records recommends that the
Adjutant General of the State of Washington correct all records related to
this case by amending the applicant's NGB Form 22 to show that he was
awarded the Combat Infantryman Badge.




                                  ____Bernard Ingold____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005193                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070830                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  157                 |107.0111/COMBAT INFANTRYMAN BADGE       |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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