IN THE CASE OF:	    

		BOARD DATE:	          17 September 2008

		DOCKET NUMBER:     AR20080009917 


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, in effect, award of the Combat Infantryman Badge (CIB) for his duty performed in Iraq in support of Operation Iraqi Freedom.

2.  The applicant states, in effect, that he was engaged by enemy fire (direct/
indirect) while assigned to an infantry unit and performing infantry combat duties in Southern Iraq in the vicinity of Basrah Air Station.  He continues that no evidence pertaining to the specific incident was submitted to the command at the time of the events.  The applicant concludes that his chain of command was unfamiliar with the provisions of Army Regulation 600-8-2 (Military Awards) so, they failed to recommend him for award of the CIB.

3.  The applicant states that he provides copies of Section II, Paragraph 8-6 of Army Regulation 600-8-2; a manifest of personnel present for the incident; and a DD Form 214 (Certificate of Release or Discharge from Active Duty) as additional documentary evidence in support of this application.  However, the only document attached to his application is a DD Form 214 for the period 24 June 2006 through 4 October 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he is a member of the California Army National Guard assigned to Headquarters and Headquarters Company, 1st Battalion of the 185th Infantry Regiment based in San Diego, California.  He currently holds the rank of sergeant (SGT)/pay grade E-5.  His primary military occupational specialty (MOS) is 11B (Infantryman).

2.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  The OMPF also contains no evidence that the applicant served in an infantry MOS while participating in active ground combat with enemy forces.

3.  The applicant's OMPF contains 705th Military Police Battalion, Camp Bucca, Iraq memorandum, dated 1 September 2007, Subject: Statement of Service.  This memorandum, in pertinent part, shows the applicant served in Iraq and lists the awards and decorations to which he was entitled based upon this service.  The CIB is not listed among these awards and decorations.

4.  The applicant's DD Form 214 shows that on 4 October 2007, he was honorably released from active duty and transferred back to his unit after completing 1 year, 3 months, and 11 days of active military service.  During this period of service on active duty, the applicant served 11 months and 17 days in Iraq during the period 22 September 2006 through 8 September 2007.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB.  The applicant authenticated the administrative accuracy and completeness of this document with his signature in Item 21 (Signature of Member Being Separated) on the date of his release from active duty. 

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB for his service in support of Operation Iraqi Freedom was carefully considered.  However, by regulation, in order to support award of the CIB, there must be evidence that a member served in an infantry MOS in an infantry unit and that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

2.  The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

3.  Although the evidence of record shows the applicant possesses an infantry MOS and was assigned to an infantry unit, there is no evidence that he was personally present and participating with the unit while it was engaged in active ground combat with enemy forces.  As a result, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  Therefore, there is no basis upon which to grant the requested relief.

4.  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 any evidence that would satisfy this requirement.  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.



      ___________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)                                         AR20080009917



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ABCMR Record of Proceedings (cont)                                         AR20080009917



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