IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100013025 


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).

2.  The applicant states a packet for awarding the CIB for service in Operation Enduring Freedom (OEF) was rejected by the U.S. Army Human Resources Command Military Awards Branch due to a lack of supporting documents indicating his unit was "engaged in active ground combat to close with and destroy the enemy with direct fires."  He states that supporting documentation has been included in his attached packet.  He further states that over a period of 21 days his Afghanistan National Army unit and he conducted over 30 combat patrols in the heart of an enemy stronghold.  He states this included a fierce firefight at Camp Blessing, Kunar Province, on 26 September 2005 which resulted in the death of a Marine.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 15 December 2004 to 15 March 2006
* his DD Form 214 for the period 10 December 2007 to 29 January 2009
* his DA Form 2-1 (Personnel Qualification Record)
* a Military Awards Branch letter
* sworn statements
* situational reports (SITREP's)
* troops in contact report
* Department of the Army (DA) press release
* other supporting documentation

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was promoted to the rank of lieutenant colonel (LTC) in the Army National Guard effective 19 December 2002 and to the rank of colonel effective 12 July 2007.

2.  His DD Form 214 for the period ending 15 March 2006 shows he served in Afghanistan during the period 16 February 2005 to 13 February 2006.  This form shows his branch as infantry.  The CIB does not appear on this DD Form 214, his DD Form 214 for the period 10 December 2007 to 29 January 2009, or his DA Form 2-1.

3.  He provided copies of two DA Forms 67-9 (Officer Evaluation Report) indicating outstanding performance while serving as an Embedded Tactical Trainer (ETT) as part of OEF.  He also provided sworn statements and numerous SITREP's related to combat patrols in which his primary duty was serving as an ETT with an Afghanistan National Army infantry battalion over an 18-day period in support of OEF.  These documents describe how he led and organized infantry assets; exposed himself to danger while under attack by enemy mortar, rocket-propelled grenade, and small arms fire; and was present when a Marine died during a firefight at his location.

4.  A U.S. Army Human Resources Command Military Awards Branch letter to the applicant's elected representative, dated 2 June 2008, states he did not meet the criteria for the award of the CIB.  The reason given was that the supporting documentation did not indicate that his unit engaged in active ground combat to close with and destroy the enemy with direct fires.

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 states in pertinent part that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry military occupational specialty; must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

6.  The CIB was established by the War Department on 27 October 1943.  Lieutenant General Lesley J. McNair, then the Army Ground Forces commanding general, was instrumental in its creation.  He originally recommended that it be called the "fighter badge."  The CIB was designed to enhance morale and the prestige of the "Queen of Battle."  Then Secretary of War Henry Stinson said, "It is high time we recognize in a personal way the skill and heroism of the American infantry."

7.  Originally, the regimental commander was the lowest level at which the CIB could be approved and its award was retroactive to 7 December 1941.  There was a separate provision for badge holders to receive a $10.00 per month pay stipend, which was rescinded in 1948.  Several factors led to the creation of the CIB, some of the most prominent factors are as follows:

	a.  The need for large numbers of well-trained infantry to bring about a successful conclusion to the war and the already critical shortage of infantrymen.

	b.  Of all Soldiers, it was recognized that the infantryman continuously operated under the worst conditions and performed a mission which was not assigned to any other Soldier or unit.

	c.  The infantry, a small portion of the total Armed Forces, was suffering the most casualties while receiving the least public recognition.

	d.  General Marshall's affinity for the ground forces Soldier and, in particular, the infantryman was well known.  All these factors led to the establishment of the CIB, an award which would provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen serving in every theater.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant was indisputably accompanying a unit which was engaged in combat, there is no evidence to show that he actually participated in the combat.  He directed the actions of the combatants.

2.  Army Regulation 600-8-22 is somewhat confusing concerning the eligibility requirements for the CIB.  However, the intent of the CIB is clear:  it is to recognize the inherent risks taken by an infantryman in battle.

3.  Without evidence to show the applicant fired at or otherwise engaged the enemy and without evidence to show that he was actually involved in the battle (had to take cover to avoid being hit by enemy fire), he does not meet the intent, if not the stated requirements, for the CIB.

4.  Such distinctions must be made to insure only those Soldiers actively engaged in combat are awarded the CIB.  Otherwise, infantry Soldiers assigned to units in supporting roles who never saw the enemy would be entitled to the CIB.

5.  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 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)                                         AR20100013025



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ABCMR Record of Proceedings (cont)                                         AR20100013025



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