BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100010361
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 was awarded.
2. The applicant states he was awarded the CAB but should have been awarded the CIB because at the time of the award he was an infantryman assigned to an infantry company. He states that he attempted to resolve this issue through his chain of command with no success.
3. The applicant provides:
* his DD From 214 (Certificate of Release or Discharge from Active Duty)
* orders announcing award of the CAB
* his Army Achievement Medal award
* memorandum showing award of the Iraq Campaign Medal
* a photograph of his unit's flag
* 4 pages from Army Regulation 600-8-22 (Military Awards)
* 2 sworn statements
* his California State Inspector General (IG) Action Request
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he is currently a specialist (SPC)/E-4 with the California Army National Guard. He enlisted in the Army National Guard on 8 July 2004. He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Infantryman) on
29 September 2006.
2. Orders Number 198-1058, dated 16 July 2008, show he was transferred as follows, "Released From: GUNNER/C/1-160 IN BN (L) REAR, 891 WEST 13TH ST, SAN PEDRO, CA 90731," and "Transferred To: TRACK VEHICLE DRIVER/CO E 1-185TH AR BN, 303 PALM AVE, NATIONAL CITY, CA 91950," with Duty MOS (DTMOS) 21B1O (Combat Engineer), and an effective date of
15 July 2008.
3. The applicant's DD Form 214 shows he was ordered to active duty in support of Operation Iraqi Freedom (OIF) on 16 August 2008, while assigned to Company E, 1st Battalion, 185th Armor Regiment, and released from active duty on 7 September 2009.
4. Block 18 (Remarks) of his DD Form 214 indicates he served with his unit in Iraq from 26 October 2008 through 9 August 2009. He was credited with 1 year and 22 days of active federal service during this timeframe.
5. Orders Number 324-1083, dated 20 November 2009, show he was transferred as follows, "Released From: TRACK VEHICLE DRIVER/CO E
1-185TH AR BN, 303 PALM AVE, NATIONAL CITY, CA 91950," and "Transferred To: GRENADIER/CO C 1-160TH IN, 891 WEST 13TH STREET, SAN PEDRO, CA 90721," in DTMOS 11B1O, and with an effective date of
19 November 2009.
6. Permanent Order 218-002, dated 5 August 2009, awarded the applicant the CAB for "being engaged by the enemy" on 20 January 2009.
7. In a sworn statement signed by the applicant, dated 20 January 2009, he states his truck came under enemy fire during a convoy mission. A second sworn statement, dated 20 January 2009, provided by the applicant, from SSG Vxxxxx also states while on a convoy logistics patrol the convoy came under enemy fire.
8. Army Regulation 600-8-22 (Military Awards) states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
9. Army Regulation 600-8-22 also states the CAB may be awarded to any Soldier performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. A 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the CIB instead of the CAB was carefully considered. However, there is insufficient evidence to support this request.
2. The applicant's contention that he is an 11B and his service in OIF are not in question. However, during the applicant's deployment to Iraq he was neither serving in an assigned infantry duty position nor was he assigned to an infantry unit that was actively engaged in ground combat with the enemy. Therefore, he does not meet the criteria for award of the CIB.
3. Records show the applicant clearly meets the criteria for award of the CAB and it was properly awarded.
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) AR20100010361
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ABCMR Record of Proceedings (cont) AR20100010361
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