IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080009911
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 that he be awarded the Combat Infantryman Badge.
2. The applicant states his unit was unfamiliar with regulations and did not submit a recommendation for award of the Combat Infantryman Badge. He was "directly/indirectly" engaged in enemy action while stationed in the vicinity of Basra, Iraq.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a DA Form 2833 (Sworn Statement) about a 3 January 2007 mortar attack.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the California Army National Guard on 29 June 2005 and was called to active duty in support of Operation Iraqi Freedom in military occupational specialty (MOS) 11B ( Light Weapons Infantryman).
2. He served on active duty from 24 June 2006 through 2 October 2007 with service in Iraq from 21 September 2006 through 8 September 2007.
3. His DD Form 214 shows he served in MOS 11B for 2 years and 6 months and lists his awards as the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Armed Forces Reserve Medal with "M" Device.
4. The DA Form 2833, completed by the applicant on 3 January 2007, states, in effect, that while his unit (the 2nd Platoon, 1st Battalion, 185th Infantry Regiment) was on an assignment transporting detainees to the airport, their convoy came under mortar attack. The applicant reported that he was in the trail bus when mortar rounds struck close enough to shake the bus. The mortars caused dirt and gravel to be thrown up against the side of the bus. He reported that no one was seriously injured or killed on his bus.
5. Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the Combat Infantryman Badge. In effect, that paragraph states that there are three basic requirements for award of the CIB. The enlisted Soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the Combat Infantryman Badge was carefully considered. However, there is insufficient evidence to support this claim. By regulation, in order to qualify for the Combat Infantryman Badge, a member must not only hold an infantry MOS and serve with a qualifying infantry unit, there must also be evidence that he was personally present with the qualifying infantry unit when it was engaged in active ground combat.
2. While the applicant is shown to have been serving in an infantry MOS with an infantry unit, the only documentation of any engagement is the applicant's own uncorroborated statement on the DA Form 2833. Without corroboration that the incident occurred and that it was considered to meet the criteria as active ground combat there is insufficient evidence to award the applicant the Combat Infantryman Badge.
3. Further, by the applicant's own statement, a formal recommendation was not submitted for approval though proper channels.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ __X_____ 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) AR20080009911
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ABCMR Record of Proceedings (cont) AR20080009911
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