IN THE CASE OF:	  

		BOARD DATE:	        30 OCTOBER 2008

		DOCKET NUMBER:  AR20080009913 


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, in effect, that he was engaged by enemy fire while performing combat duties with the 2nd Platoon, 1st Squadron, 185th Infantry in Southern Iraq in the vicinity of Basrah Air Station.  He contends that his command was unfamiliar with Army regulations and did not submit him for award of the CIB.  He also contends that no evidence pertaining to the specific incident was reported to the command.   

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of paragraph 8-6, Army Regulation 600-8-22 (Military Awards); and a self-authored sworn statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a member of the California Army National Guard (CAARNG). He was ordered to active duty in support of Operation Iraqi Freedom on 24 June 2006.  On 3 October 2007, he was released from active duty upon completion of his required active service and returned to his unit in the CAARNG.

2.  The applicant's DD Form 214 shows that he was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).  He served in Iraq from 20 September 2006 through 7 September 2007.  He states that he was assigned to the 2nd Platoon, 1st Battalion, 185th Infantry Company.  However, his DD Form 214 shows he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 185th Infantry Company.

3.  The applicant was awarded the Army Commendation Medal for his participation in Operation Iraqi Freedom.  The award certificate shows he was assigned to HHC, 1st Battalion, 185th Infantry Company, Camp Buca, Iraq.

4.  The applicant was awarded the Driver and Mechanic Badge with Wheel Component Bar on 12 June 2007 while in Iraq.  This order shows the applicant was assigned to HHC, 1st Battalion, 185th Infantry Company, Camp Buca, Iraq.  He received the badge for "12 consecutive months as a drive for HHC 1-185th Infantry Company.  During this time awardee had no documented violations or accidents."

5.  A thorough review of the applicant's official record maintained on the Integrated Personnel Electronic Records Management System (iPerms) failed to show any orders awarding the applicant the CIB.  There is no evidence that he was recommended for award of the CIB.  There is also no evidence to support his contention that he actively engaged the enemy or participated in combat operations.

6.  The applicant provided a self-authored witness statement dated 4 January 2007 indicating that while at Basrah Air Base, the members of his unit were under indirect fire by unknown insurgents.  The rounds (240mm mortars) landed close to his unit.  He could see flashes of light, hear the impact, and the HUMVEE he was in began to rock back and forth in a violent manner.  After the all clear was given, the gunner re-mounted his weapon and began to scan the area.  The applicant got on the radio and began to talk with the British Security Forces, who were in charge of base security for Basrah, to see if they could assist them in any way.  After the British Forces gave them the all clear, they moved out and finished their mission.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  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 or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  
DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served in Iraq from 20 September 2006 through 7 September 2007.  The preponderance of evidence shows that he served with HHC, 1st Battalion, 185th Infantry Company, Camp Buca, Iraq.  Although the applicant's MOS was 11B, there is no definitive evidence that he performed duties as an infantryman while in Iraq.  He was awarded the Driver and Mechanic Badge with Wheel Component Bar for 12 consecutive accident-free months as a driver for HHC, 1st Battalion, 185th Infantry Company, which suggests that he was performing duties as a driver.

2.  There is no evidence that he was recommended for or awarded the CIB.  He provided a contemporaneous statement regarding the mortar fire incident; however, there is no evidence that his unit believed that this incident met the requirements for award of the CIB.

3.  The CIB is awarded to infantryman satisfactorily performing infantry duties, who are assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who must actively participate in such ground combat. 
Although the applicant contends that he was actively engaged with the enemy, the contemporaneous statement he provided at the time does show he was actively participating in ground combat against the enemy.  It states that his unit was hit by mortar fire by unknown insurgents which does not meet the qualification for award of the CIB.  

4.  Given the regulatory guidance above, the available evidence fails to establish the applicant's entitlement to the CIB.  The Board wants the applicant and all others concerned to know that 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:

________  ________  ________  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.




      _______ _ 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)                                         AR20080009913



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ABCMR Record of Proceedings (cont)                                         AR20080009913



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