IN THE CASE OF:	  

		BOARD DATE:	        26 AUGUST 2008

		DOCKET NUMBER:  AR20080009918 


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 that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he should have been awarded the CIB for duty performed in Iraq in support of Operation Iraqi Freedom from 21 September 2006 to 12 September 2007.  He goes on to state that his command was unfamiliar with the regulations and did not submit him for the award; however, he was engaged by the enemy both directly and indirectly while performing combat duties in southern Iraq in the vicinity if Basrah Air Station.  He also states that no evidence pertaining to a specific incident was submitted at time of report to command.  He further states that he held the military occupational specialty (MOS) of 11B and performed the duties of an infantryman while assigned to Iraq.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also indicates that he provides a copy of an excerpt from the awards regulation and a copy of a manifest of personnel present for incident; however, they were not attached to his application when received.

CONSIDERATION OF EVIDENCE:

1.  After serving 2 years in the United States Army Reserve (USAR) as a watercraft engineer, the applicant enlisted in the Regular Army on 15 October 1990 and served as a watercraft engineer until 1995, when he reclassified to an explosive ordnance disposal (EOD) specialist.  He was promoted to the pay grade of E-6 on 15 April 1998.
2.  On 8 June 1998, while serving at Fort Irwin, California, the applicant received assignment instructions to the Presidio of San Francisco, California and was advised that he had to extend or reenlist in order to accept the assignment.  The applicant elected to sign a declination of continued service statement, which amounts to a self-imposed bar to reenlistment.  

3.  On 31 January 2001, he enlisted in the USAR for a period of 1 year.  On 1 February 2001, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-5A, due to non-retention on active duty. He had served 10 years, 3 months and 17 days of total active service.  

4.  On 22 April 2005 he enlisted in the California Army National Guard (CAARNG) and had remained in the CAARNG through a series of extensions.

5.  Although the specifics are not indicated in his records, it appears that the applicant was reassigned to an infantry unit for duty in MOS 11B.  His primary MOS is still listed as 89D (EOD Specialist) and there is no indication that he has been awarded the primary MOS of an infantryman.  

6.  However, on 30 May 2006, he was ordered to active duty in support of Operation Iraqi Freedom in MOS 11B and assigned to Headquarters and Headquarters Company, 1st Battalion, 185th Infantry Regiment (Mechanized).  He deployed to Iraq on 21 September 2006 and was assigned to Camp Bucca, Iraq for duty as a squad leader in MOS 11B.

7.  He departed Iraq on 7 September 2007 and was transferred to Camp Shelby, Mississippi for transition processing.  He received a Noncommissioned Officer Evaluation Report (NCOER) ending on 15 September 2007, indicating that his PMOS was 89D3O and his duty MOS was 11B3O.

8.  On 8 October 2007, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 1 year, 4 months, and 12 days of active service during his current tour of active duty.

9.  A review of the available records fails to show that the applicant was recommended for or ever awarded the CIB.  There is also no indication in his records of any evidence to show that he engaged the enemy in combat while in Iraq.  

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).  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.  While the sincerity of the applicant’s contention that he engaged the enemy in combat in Iraq is not in doubt, the applicant has failed to show through the evidence of record and the evidence submitted with his application that such was the case.   

2.  The applicant’s contention that his command was unfamiliar with the regulation has also been noted; however, he has failed to show any evidence to show that he pursued the matter with his unit or that other members were also denied similar awards during the period in question.

3.  While the applicant is not precluded from further pursuing the award of the CIB with the unit he served with in Iraq, it should be noted that the CIB and the Combat Action Badge (CAB) are based on specific actions on specific dates and such dates are required for such awards.

4.  It is also noted that in order to be awarded the CIB, the individual concerned must be awarded an infantry MOS.  There is no evidence in the available records to show that he has been awarded the MOS of an infantryman.

5.  Therefore, in the absence of conclusive evidence to show that he possessed the MOS of an infantryman and that he engaged the enemy in combat operations in Iraq, there appears to be no basis to award him the CIB at this time.      

6. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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 the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        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)                                         AR20080009918



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ABCMR Record of Proceedings (cont)                                         AR20080009918



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