IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080012197
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) in lieu of the Combat Action Badge (CAB). He also requests that all his military education schools be listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that award of the CAB should be changed to the CIB since his primary military occupational specialty (PMOS) is 11B (infantryman). He believes that under current Department of Defense (DOD) regulations, he and others who served in the 171st Sapper Company in Iraq from June 2007 to June 2008, deserve award of the CIB instead of the CAB.
3. The applicant provides a copy of his DD Form 214 for the period ending 27 July 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant initially served in the U.S. Marine Corps from 2 February 1993 through 1 February 1997. He subsequently served in the U.S. Marine Corps Reserve. The applicant enlisted in the North Carolina Army National Guard on 5 June 2006 in pay grade E-5.
2. State of North Carolina, Department of Crime Control and Public Safety, Joint Force Headquarters, Raleigh, North Carolina, Orders Number 122-844, dated 2 May 2007, awarded the applicant PMOS 11B2O effective 2 May 2007.
3. The applicant was ordered to active duty on 19 July 2007 in support of Operation Iraqi Freedom.
4. His service personnel records contain Headquarters, U.S. Army Garrison, Fort McCoy, Wisconsin, Permanent Orders Number 264-001, dated 21 September 2007, which show he was assigned with his unit, the 171st Engineer Company Sapper, Fort McCoy, Wisconsin, to Kuwait in support of Operation Iraqi Freedom on or about 25 September 2007. He served in Iraq from 26 September 2007 to 21 June 2008.
5. The applicant was honorably released from active duty on 27 July 2008 at the completion of his required active service. His DD Form 214 for the period ending 27 July 2008 does not show entitlement to the CAB or the CIB.
6. Item 14 (Military Education) on his DD Form 214 for the period ending 27 July 2008 shows he completed the Warrior Leader Course in 2008. There is no evidence of record available which indicates he completed other military education during the period covered by the report.
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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy. Subparagraph 8-6c(13) states that the CIB is authorized for Operation Iraqi Freedom from 19 March 2003 to a date to be determined.
8. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.
DISCUSSION AND CONCLUSIONS:
1. Although the applicants records show he was awarded an infantry MOS of 11B, there is no evidence to show he served in an infantry unit during active ground combat and was personally present under hostile fire during the Operation Iraqi Freedom. Evidence shows he was assigned to an engineer unit. Therefore, there is insufficient evidence to show that the applicant met the requirements for award of the CIB.
2. The applicant's DD Form 214 for the period ending 27 July 2008 currently reflects he completed the Warrior Leader Course. However, there is no evidence of record which indicates he completed additional military education during the period covered by this DD Form 214. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 for the period ending 27 July 2008 to show additional military education.
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) AR20080012197
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080012197
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