BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090011948 


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 for award of the Combat Infantryman Badge in lieu of his already-awarded Combat Action Badge.

2.  The applicant states that he was part of a convoy en route from Qalat Forward Operating Base (FOB) Apache to Kandahar around 12 September 2006 when the vehicle in front of his was hit by a vehicle- borne improvised explosive device (VBIED), which resulted in a fireball engulfing both vehicles.  He states that he reacted to the incident according to the procedures.  Every Soldier involved in the incident was recommended for a Combat Action Badge or a Combat Infantryman Badge.  He states that he was assigned to the 205th Infantry Brigade located at Qalat in the S-1 job, which is an infantry cover position.  He states that as part of his additional duties, he was a convoy commander, a gunner and he conducted logistic packages to other FOBs within his brigade.  He states that he reinforced the FOB security when embedded training teams were on leave and that he performed every other infantry task.  The applicant goes on to state that on the day of the incident, he was executing an infantry mission as an infantry officer; he was working in a 1 year tour in Afghanistan; and he was in more than a dozen incidents where he was exposed to either direct or indirect enemy fire.  He states that he submitted several packages for the incidents on multiple occasions as he completed all the requirements to be granted the Combat Infantryman Badge.  He states that he got negative results and that everybody else who was involved in the incidents who had an 11 military occupational specialty (MOS) were awarded the Combat Infantryman Badge.  The applicant concludes by stating that he was in the "kill zone" of the attack and that he reacted to the attacks accordingly.

3.  The applicant provides a self-authored, sworn statement dated 17 August 2006.

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 AR20080008121, on 26 August 2008.

2.  On 12 June 1987, the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant.  He was promoted to first lieutenant on 26 May 1990.

3.  On 8 February 1991, the applicant was appointed as a commissioned officer in the Puerto Rico Army National Guard (PRARNG) in the rank of first lieutenant. He was promoted to captain on 7 September 1995 and he was promoted to the rank of major, Infantry, on 5 April 2004.

4.  On 25 October 2005, United States Army Human Resources Command (AHRC) Orders A-10-522-151 were published ordering the applicant to active duty, in Afghanistan, in support of Operation Enduring Freedom, effective 28 January 2006, for 373 days.

5.  A DA Form 4187 (Personnel Action) and an attached statement, dated 
2 July 2006, show the applicant was recommended for award of the Combat Action Badge for personally being engaged by hostile enemy when two rockets landed 100-125 meters away from his location at Kandahar Airfield, Afghanistan on 30 June 2006.  According to the statement, the explosion damaged 2 tents and injured 10 people; the warning sirens sounded and all personnel moved to their assigned bunkers until the "all clear" sounded.

6.  The applicant's DA Form 67-9 (Officer Evaluation Report) dated 2 September 2006, for the period 1 October 2005 through 31 August 2006 shows he was assigned to Headquarters and Headquarters Company, 2d Battalion of the 205th Regional Corps Assistance Group based at the FOB located in Qalat, Afghanistan.  This form also shows his principle duty title was Brigade S-1 (Personnel Officer) Mentor and his duty position was designated to be filled by an Infantry officer.  The applicant was responsible for teaching, coaching, and 

mentoring Afghan National Army S-1 officers of the brigade and garrison as part of the Embedded Training Team in a combat environment.  His primary duties included personnel management, pay operations, legal procedures, casualty operations, mortuary procedures, and staff operations.  His additional duties included managing personnel performance evaluations, awards, leave and pass administration, personnel accountability, and strength reporting.

7.  Combined Security Transition Command-Afghanistan, Operation Enduring Freedom, Kabul, Afghanistan, Permanent Orders 275-003, dated 2 October 2006, awarded the applicant the Combat Action Badge (First Award) for actively engaging or being engaged by the enemy on 30 June 2006.

8.  On 20 November 2006, the applicant was released from active duty (REFRAD) upon completion of his required active service and he was transferred to the PRARNG.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) that he was furnished shows his specialty as 11A (Infantry) and that he was awarded the Combat Infantryman Badge.  However, on 24 March 2008 the applicant was furnished a DD Form 215 (Correction to DD Form 214) to show that he was awarded the Combat Action Badge instead of the Combat Infantryman Badge. 

9.  On 26 August 2008, the ABCMR denied the applicant's petition for award of the Combat Infantryman Badge in lieu of the Combat Action Badge.

10.  The applicant now submits a self-authored, sworn statement dated              17 August 2006 in which he essentially reiterates the contentions contained in his application.

11.  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 Combat Infantryman Badge.  It states, in pertinent part, that there are three basic requirements for the Combat Infantryman Badge.  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 personally present and under fire while serving in an assigned infantry or Special Forces primary duty, in a unit engaged in active ground combat, to close with and destroy the enemy with direct fires.  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.  The regulation further states that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.
12.  Army Regulation 600-8-22 also contains a special provision authorized for the War on Terrorism that states the Combat Infantryman Badge may be awarded to recognize those United States Army Infantry and Special Forces Soldiers embedded in formed Afghan National Army or Iraqi infantry/special force units, or Iraqi specialized Infantry type units, of brigade, regimental or smaller size, or assigned as advisors to a foreign infantry/special forces comparable to the above infantry units, as tactical advisors, trainers or performing liaison duties, during the time that the supported infantry/special force unit engages in active ground combat, to close with and destroy the enemy with direct fires.  Qualified Soldiers must have been personally present and participated in the combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge in lieu of his already-awarded Combat Action Badge.

2.  His contentions have been noted.  However, there is no evidence in the available records to substantiate his contentions that he met the criteria for award of the Combat Infantryman Badge.  

3.  While his self-authored, sworn statement has been considered, it is not substantiated by the evidence of record.  The DA Form 4187 contained in his official record shows that he was recommended for award of the Combat Action Badge as a result of personally being engaged by hostile enemy when two rockets landed 100-125 meters away from his location at Kandahar Airfield, Afghanistan on 30 June 2006.  According to the statement, the explosion damaged 2 tents and injured 10 people; the warning sirens sounded and all personnel moved to their assigned bunkers until the "all clear" sounded.

4.  As a result of the actions that occurred on 30 June 2006, Orders 275-003 were published awarding him the Combat Action Badge and the applicant has failed to provide sufficient evidence to substantiate the incident that he contends occurred on or about 12 September 2006, which he believes would qualify him for award of the Combat Infantryman Badge.

5.  The applicant has also failed to provide sufficient evidence to show that the information contained on the DA Form 4187, which qualified him for the award of the Combat Action Badge is incorrect.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

6.  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 has failed to submit evidence that would satisfy this requirement.

7. In view of the foregoing, there is no basis for granting the applicant's request.

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 to amend the decision of the ABCMR set forth in Docket Number AR20080008121, dated 26 August 2008.




      _______ _   _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)                                         AR20090011948



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ABCMR Record of Proceedings (cont)                                         AR20090011948



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