IN THE CASE OF:	   

		BOARD DATE:	         26 August 2008

		DOCKET NUMBER:  AR20080008121 


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, in effect, award of the Combat Infantryman Badge in lieu of his already-awarded Combat Action Badge.

2.  The applicant states, in effect, that he should have been awarded the Combat Infantryman Badge in lieu of the Combat Action Badge due to the fact that he was deployed to Afghanistan in support of Operation Enduring Freedom as an infantry officer performing infantry missions while engaged under enemy direct fire and indirect fire. 

3.  The applicant provides copies of orders to active duty, deployment orders, DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214), and the recommendation packet for his Combat Action Badge as additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he is currently serving in the Puerto Rico Army National Guard.  The applicant currently holds the military occupational specialty 11A (Infantry Officer) and the rank of major (MAJ)/pay grade O-4.

2.  Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico Orders 175-019, dated 9 September 2005, show that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom as an Embedded Tactical Trainer of the Afghan National Army (ANA) on 15 September 2005 for a period not to exceed 172 days.

3.  1st Mobilization Brigade, Fort Carson, Colorado, Orders 280-10, dated 7 October 2005, reassigned the applicant to the Puerto Rico National Guard Element, Joint Forces Headquarters (Forward 32) in support of Operation Enduring Freedom effective 7 October 2005 for a period of 365 days.

4.  United States Army Human Resources Command, Alexandria, Virginia Orders A-10-522151, dated 25 October 2005, show that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12301(d) in Contingency of Operation Temporary Tour of Active Duty (COTTAD) support of Operation Enduring Freedom on 28 January 2006 for a period not to exceed 373 days with a projected ending date of 4 February 2007.

5.  DA Form 4187 (Personnel Action) and an attached statement, dated 
2 July 2006, shows the applicant was recommended for award of the Combat Action Badge for personally being engaged by hostile enemy when two rockets landed 100-125 meters away from his location at Kandahar Airfield, Afghanistan on 30 June 2006.  According to the statement, the explosion damaged 2 tents and injured 10 people; the warning sirens sounded and all personnel moved to their assigned bunkers until the "all clear" sounded.

6.  The applicant's DA Form 67-9 (Officer Evaluation Report), dated 2 September 2006, rendered for the period 1 October 2005 through 31 August 2006 shows he was assigned to Headquarters and Headquarters Company, 2d Battalion of the 205th Regional Corps Assistance Group based at the Forward Operating Base located in Qalat, Afghanistan.  This form also shows his principle duty title was Brigade S-1 (Personnel Officer) Mentor and his duty position was designated to be filled by an Infantry Officer.  The applicant was responsible for teaching, coaching, and mentoring Afghan National Army S-1 officers of the brigade and garrison as part of the Embedded Training Team in a combat environment.  His primary duties included personnel management, pay operations, legal procedures, casualty operations, mortuary procedures, and staff operations.  His additional duties included managing personnel performance evaluations, awards, leave and pass administration, personnel accountability, and strength reporting.

7.  Combined Security Transition Command-Afghanistan, Operation Enduring Freedom, Kabul, Afghanistan, Permanent Orders 275-003, dated 2 October 2006, awarded the applicant the Combat Action Badge (First Award) for actively engaging or being engaged by the enemy on 30 June 2006.

8.  Continuation of Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) in Item 18 (Remarks) of the applicant's DD Form 214 for the period 15 September 2005 through 20 November 2006 shows he was awarded the Combat Infantryman Badge.

9.  The applicant's Official Military Personnel File is void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty.

10.  DD Form 215, dated 24 March 2008, corrected the applicant's DD Form 214 for the period 15 September 2005 through 20 November 2006 by amending “Combat Infantryman Badge” to read “Combat Action Badge.”

11.  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 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 personally present and under fire while serving in an assigned infantry or Special Forces primary duty, in a unit engaged in active ground combat, to close with and destroy the enemy with direct fires.  Improvised explosive devices (IEDS), vehicle-borne IEDS (VBIEDS) and the like are direct fire weapons.  While no fixed, qualifying distance from an explosion of these devices can be established, commanders should consider the entirety of the combat situation when considering award of the Combat Infantryman Badge.  The regulation further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

12.  Army Regulation 600-8-22 also contains a special provision authorized for the War on Terrorism that states the Combat Infantryman Badge may be awarded to recognize those United States Army Infantry and Special Forces Soldiers embedded in formed Afghan National Army or Iraqi infantry/special force units, or Iraqi specialized Infantry type units, of brigade, regimental or smaller size, or assigned as advisors to a foreign infantry/special forces comparable to the above infantry units, as tactical advisors, trainers or performing liaison duties, during the time that the supported infantry/special force unit engages in active ground combat, to close with and destroy the enemy with direct fires.  Qualified Soldiers must have been personally present and participated in the combat operations.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Combat Infantryman Badge in lieu of his already-awarded Combat Action 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 Soldier served in an infantry MOS in an infantry unit, but also that he was personally present and under fire while serving in an assigned infantry or Special Forces primary duty, in a unit engaged in active ground combat, to close with and destroy the enemy with direct fires.

2.  The record shows the applicant was awarded the Combat Action Badge based upon an indirect fire rocket attack on his base camp.  The record also shows the resulting explosion impacted at least 100 meters away from the applicant's location and his reaction was to seek shelter in a bunker.  This clearly does not meet the regulatory requirement of being engaged in active ground combat, to close with and destroy the enemy with direct fires.

3.  The applicant's Official Military Personnel File 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.  Additionally, there is also no indication that he was ever personally present and under fire while serving in an assigned infantry or Special Forces primary duty, in a unit engaged in active ground combat, to close with and destroy the enemy with direct fires.  Finally, a DD Form 215 corrected the erroneous entry for the Combat Infantryman Badge on the applicant's DD Form 214 by removing it and replacing it with an entry for the Combat Action Badge.

4.  As a result, although the evidence of record shows the applicant was performing infantry duties in an infantry unit, there is no evidence confirming he was ever personally present and under fire while the unit was engaged in active ground combat, to close with and destroy the enemy with direct fires.  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 Operation Enduring Freedom and who faced similar circumstances to grant the requested relief.

5.  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:

___X____  __X____  __X_ ____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20080008121



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ABCMR Record of Proceedings (cont)                                         AR20080008121



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