IN THE CASE OF:	 

		BOARD DATE:	       30 December 2008

		DOCKET NUMBER:  AR20080019793 


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 reconsideration of his previous request to be awarded the Combat Infantryman Badge (CIB) instead of the Combat Action Badge he was already awarded.

2.  The applicant states, in effect, through a letter addressed through his congressional representative to The Secretary of the Army, that he attempted to have the CIB awarded to him by going through his chain of command; however, in each instance he was told that he could not be awarded the CIB because he was serving with a military police unit.  He goes on to state that in actuality, he served as an infantryman performing infantry duties on over 100 combat missions and was injured on one of the missions and subsequently was awarded the Purple Heart.  He further states that his squad leader told him that at         out-processing, the award of the CIB was added to his (the squad leader's) records.  He continues by stating that he has provided two statements from two noncommissioned officers who were involved in the direct fire incident with him. 

3.  The applicant provides one photocopy of a signed and un-notarized statement from his platoon sergeant in Iraq and a photocopy of an unsigned statement from a noncommissioned officer (NCO) who claims to have served in Iraq with the applicant.



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006750, on 10 July 2008.

2.  The applicant was serving as a member of the Texas Army National Guard (TXARNG) and was an infantryman assigned to A Troop, 1st Squadron, 124th Cavalry Regiment when he was ordered to active duty in the rank of sergeant on 20 January 2004.  He was deployed to Iraq with his unit on 8 March 2004 and his unit was attached to the 336th Military Police Battalion, 1st Cavalry Division.

3.  On 14 December 2004, the applicant received a Noncommissioned Officer Evaluation Report (NCOER) covering the period of December 2003 to November 2004.  In Part III - Duty Description, his NCOER indicates that his daily duties and scope were "Leads a military police team, assisted in preparation of operation plans and orders in military police detachments in support of both battlefield and installation law and order operations and security of resources; directs tactical deployment of team in combat; supervises maintenance of M1025 and assigned equipment valued at $79,000; collects, reports, and evaluates accuracy of intelligence information; directs route, area, and zone reconnaissance at team level; coordinates action of vehicles with platoon and supporting elements; responsible for all classes of supply."  The applicant signed the NCOER attesting to the accuracy of the duty description. 

4.  The statement from the applicant's platoon sergeant indicates that the applicant was injured in an improvised explosive device (IED) explosion and was subsequently awarded the Purple Heart.  He further opines that the applicant should be awarded the CIB as other 11B members of the unit have been.  However, he does not indicate who in the unit was awarded the CIB.  A review of the platoon sergeant's official records shows that he was awarded the CAB on  22 March 2004.

5.  The other unsigned statement (from John R___) indicates that he was in the same unit and he was awarded the CIB and opines that the applicant should be awarded the CIB as well.  A review of his official records shows that he was awarded the CAB on 6 December 2004.  There are no orders in his OMPF awarding him the CIB.



6.  A review of the applicant's squad leader's official records shows that he was awarded the CAB on 22 March 2004, the same date the applicant and his immediate chain of command were awarded the CAB.  There are no orders in his official records showing that he has ever been awarded the CIB.

7.  A review of the applicant's platoon leader's official records also shows that he was awarded the CAB on 22 March 2004.

8.  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.  It provides, in pertinent part, that on or after 18 September 2001, the CIB may be awarded to an Army enlisted Soldier who has performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller sixe during any period such unit was engaged in active ground combat, to close with and destroy the enemy with direct fires.

9.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CIB instead of the CAB has been noted and found to lack merit.  The applicant was serving with a cavalry unit attached to a Military Police (MP) Battalion while in Iraq and his primary duties were related to the mission of the MP battalion, not a cavalry unit.

2.  The applicant's evaluation report (NCOER) clearly depicts his duties involved leading a military police team and he signed the NCOER indicating that the duty description was correct.



3.  It is also readily apparent that the applicant's chain of command was aware of the qualifications for award of the CIB and the CAB and made a conscious determination that all individuals concerned were only authorized the CAB by virtue of the unit to which they were assigned/attached.

4.  While the applicant suggests that other individuals in his unit were awarded the CIB, he had provided no evidence to support his contention.  A review of his immediate chain of command's official records, as well as the records of the individual who provided a statement to the applicant and indicated that he received the CIB, fails to show that any of those individuals had orders in their official records showing that they were awarded the CIB.

5.  Therefore, in the absence of evidence to show that other members of his unit were officially awarded the CIB during the same period in which he served and that he was incorrectly awarded the CAB instead of the CIB, it must be presumed that the actions taken at the time were correct.  Additionally, it would be inappropriate, given the available evidence, to second guess the commander on the ground at the time without more definitive evidence.

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

___X____  ___X____  ____X__  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 to amend the decision of the ABCMR set forth in Docket Number AR20080006750, dated 10 July 2008.

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.




      _______ _  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)                                         AR20080019793





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019793



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1