IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080009914
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 for his combat service in Iraq as an infantryman.
2. The applicant states, in effect, that he engaged the enemy in direct and indirect fire while performing duties in the vicinity of Basrah, Iraq. He further states that his command was unfamiliar with the regulation and did not submit him for award of the Combat Infantryman Badge.
3. The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214) and a personal statement regarding an incident on
4 January 2007. The applicant indicates on his application that he also included a copy of Section II, paragraph 8-6, Army Regulation 600-8-22 (Military Awards) and a manifest of personnel present during an incident. These documents were not received.
CONSIDERATION OF EVIDENCE:
1. On 24 June 2006, the applicant, a member of the California Army National Guard, was ordered to active duty in support of Operation Iraqi Freedom.
2. The applicant deployed to the Iraqi Theater on or about 21 September 2006.
3. In a memorandum, 705th Military Police (MP) Battalion, dated 1 September 2007, the commander indicated that the applicant, a member of the 1st Battalion, 185th Infantry Regiment, had been assigned in support of the 16th MP Brigade from 21 September 2006 to 4 September 2007, at Camp Bucca, Iraq. The memorandum further stated that the applicant was authorized to wear the 16th MP Brigade (Airborne) Shoulder Sleeve Insignia-Former Wartime Service. He was also authorized to wear two overseas bars, Iraq Campaign Medal, Overseas Service Ribbon, Armed Forces Reserve Medal with M Device, Global War on Terrorism Service Medal, and the Army Good Conduct Medal.
4. On 4 October 2007, the applicant was released from active duty and transferred to the 185th Infantry Regiment, California Army National Guard. He had attained the rank of sergeant, pay grade E-5 and had completed 1 year,
3 months, and 11 days of creditable active duty during this period.
5. Item 11 (Primary Specialty) of the applicants DD Form 214 indicates that the applicants military occupational specialty (MOS) was 11B (Infantryman) and that he had held this MOS for 1 year and 10 months. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this same form does not show award of the Combat Infantryman Badge.
6. Orders 31-1006, California Army National Guard, dated 31 January 2008, discharged the applicant effective 24 January 2008. His characterization of service was honorable.
7. On 12 February 2008, the applicant wrote a sworn statement. It, in effect, stated that on 4 January 2007, he was conducting a detainee operation on Basrah Air Base. During the mission, while waiting to pick up the detainees, at approximately 0015 hours, they received a mortar attack. It impacted the rear of the convoy. All headlights were turned off and all personnel got inside the vehicle to wait for the "all clear" signal from the British liaison officer. After a while, the all clear signal was received and the mission continued.
8. 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). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size. However, it appears that during his deployment to Iraq he was assigned for duty with an MP battalion.
2. The applicants statement indicates that he took cover during a mortar attack. It does not show that he ever engaged in actual ground combat as an infantryman with an infantry unit.
3. In view of the above, the applicants request for award of the Combat Infantryman Badge should be denied.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080009914
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