IN THE CASE OF:	  

		BOARD DATE:	       26 August 2008

		DOCKET NUMBER:  AR20080009915 


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 correction of his records to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served in Iraq from 21 September 
2006 through 12 September 2007.  He states that his command was unfamiliar with the regulation that governs the award of the Combat Infantryman Badge.  The applicant states that he was engaged by enemy fire while performing combat duties.  No evidence pertaining to this specific incident was submitted to his command at that time.  The applicant further states that he held military occupational specialty (MOS) 11B and performed infantry duties.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 4 October 2007; and a DA Form 
2823 (Sworn Statement), dated 13 February 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the U.S. Army Reserve.  He enlisted in the California Army National Guard on 29 March 2005.  On 24 June 2006, he was ordered to active duty in support of Operation Iraqi Freedom.  He arrived in Iraq on 21 September 2006 assigned to Headquarters and Headquarters Company, 1st Battalion, 185th Infantry.

2.  The applicant departed Iraq on or about 8 September 2007.  On 4 October 2007, the applicant was honorably released from active duty.
3.  The applicant's DD Form 214 with the period ending 4 October 2007 shows he was awarded the Army Commendation Medal, 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.  Item 11 (Primary Specialty) of his DD Form 
214 shows MOS 11B (Infantryman).

4.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

5.  The applicant provided a DA Form 2823, dated 13 February 2008, that shows he stated, in effect, on 4 January 2007 his platoon was conducting operations on a convoy to Basrah Airport.  The convoy came under fire by Iraqi mortar rounds that impacted the rear of his vehicle.  Due to the chaos of the situation he could not tell where the incoming rounds were coming from.  The applicant stated that he could feel the rounds shake his truck violently.  After the barrage, all personnel were accounted for.  British troops indicated it was all clear and they continued on their mission.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  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, and 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.  

7.  Military Personnel Message (MILPER) Message Number 08-190, issued on 22 July 2008, effective immediately and retroactive to 18 September 2001, states that a Soldier must be personally present and under fire while serving in an assigned infantry or special forces primary duty position, 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge for his service in Iraq.  He further states that his command was unfamiliar with the regulation that governs the award of the Combat Infantryman Badge.  Evidence of record shows the applicant was ordered to active duty in Support of Operation Iraqi Freedom.  He served in an infantry unit and apparently performed infantry duties.  He also provided a DA Form 2823, dated 13 February 2008, wherein he stated his convoy came under mortar fire while conducting operations.  However, the DA Form 2823 alone is not enough to verify that the applicant was engaged with the enemy.

2.  There is no evidence in his records and the applicant has not provided evidence (i.e. situation reports, daily staff journals, award citations, eyewitness statements etc.) to substantiate his contention.  Therefore, there is insufficient evidence to show he is eligible for the Combat Infantryman Badge.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  ___xx___  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.




      _______ _   xxxx___   ___
               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)                                         AR20080009915



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ABCMR Record of Proceedings (cont)                                         AR20080009915



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