IN THE CASE OF:	  

		BOARD DATE:	        14 August 2008

		DOCKET NUMBER:  AR20080009912 


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 award of the Combat Infantryman Badge (CIB).   

2.  The applicant states that he held an infantry military occupational specialty (MOS) and was engaged by direct and indirect enemy fire while performing combat operations in the vicinity of Basra Air Station in Southern Iraq.  However, his command was unfamiliar with the Regulation and did not submit a recommendation for his award of the CIB.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 October 2007.  

	b.  Copy of Extract of Army Regulation 600-8-22 (Military Awards).

	c.  Copy of manifest of personnel present during the incident.   

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the U.S. Marine Corps (USMC) and entered active duty on 14 April 1993.  He was trained in MOS 0311 (Rifleman) and attained the rank/grade of sergeant (SGT)/E-5.  He was honorably released from active duty on 12 May 1999. 

2.  On 27 August 2001, the applicant enlisted in the U.S. Army Reserve, for a period of 1 year, in his rank/grade of SGT/E-5.  He completed the training requirements for MOS 77F (Petroleum Inventory Control Specialist) and was subsequently assigned to the 329th Quartermaster Company, Moreno Valley, California.  He was honorably separated from the USAR on 3 November 2002. 

3.  On 15 November 2002, the applicant enlisted in the California Army National Guard (CAARNG), in the rank/grade of sergeant (SGT)/E-5 and was subsequently assigned to 1st Squadron, 18th Cavalry, Ontario, California.  

4.  On 25 July 2003, Office of the Adjutant General, CAARNG, Sacramento, California, published Orders 206-1008, awarding the applicant primary MOS (PMOS) 19K (M-1 Armor Crewman) and secondary MOS (SMOS) 11B (Infantryman).

5.  On 14 May 2003, the applicant was ordered to active duty in support of Operation Noble Eagle, in MOS 11B.  He was honorably released from active duty on 23 December 2003.  He subsequently executed a 3-year extension in the CAARNG on 14 November 2004.  

6.  On 24 June 2006, the applicant was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from 21 September 2006 to 8 September 2007 in MOS 11B.  He was assigned to the 705th Military Police Battalion, 16th Military Police Brigade.  He was honorably released from active duty to the control of his CAARNG unit on 15 October 2007.

7.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 15 October 2007, shows he was awarded the Sea Service Deployment Ribbon (2nd Award), the U.S. Navy Achievement Medal, the Meritorious Unit Commendation, the USMC Good Conduct Medal, the National Defense Service Medal (2nd Award), 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 (2nd Award).  Item 13 does not show award of the CIB.

8.  The applicant’s records do not contain permanent orders awarding him the CIB.




9.  The applicant submitted a sworn statement that was not subscribed before a person authorized by law to administer an oath.  In this statement, the applicant states:

“On the morning of January 4, 2007, [Applicant] was on a convoy to Basra Air Base conducting detainee operations.  During this mission, at approximately 0010, mortar rounds had impacted the rear of my location.  The vehicle that I was in at the time was ASV 20, with my driver and gunner.  The impacts could not be identified right away due to our vehicle running and myself and the crew wearing our headsets.  The impacts, however, did rumble our vehicle a little and then a voice came over the net saying:
“incoming, incoming.”   Right away, vehicles that had their headlights on, quickly turned them off and all Soldiers minus key personnel were told to get inside their vehicle and get accountability of all personnel, gear, and sensitive items per the platoon’s standing operating procedure (SOP).  After being cleared by the British liaison officer (LNO), we continued on with rest of the mission.”

10.  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).  The Soldier must meet the three requirements for award of the CIB: must be an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the award of the CIB.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record and the applicant did not provide any substantiating evidence that he was recommended for or awarded the CIB. Furthermore, the applicant presents an unconvincing argument that his chain of command was not familiar with the requirements of the CIB, six years into the war in Iraq.  

2.  The applicant’s service in Iraq in an infantry MOS is not in question.  Additionally, the applicant’s unsigned self-authored sworn statement was noted. However, the evidence of record shows that he was assigned or attached to a Military Police unit during his service in Iraq.  Furthermore, there is no evidence in the available records and the applicant did not provide substantiating evidence 
that shows he was assigned to an infantry unit of brigade, regiment, or smaller size, during such time as the unit was engaged in active ground combat or that he actively participated in such ground combat.  

3.  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 evidence that would satisfy that requirement.  Therefore, the applicant is not entitled to relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


															XXX
      ______________________
               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)                                         AR20080009912



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009912



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1