IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100030062


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* in Item 11 (Primary Specialty), his military occupational specialty (MOS) was 11B (Infantryman), not 21K (Plumber)
* in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), award of the Combat Infantryman Badge (CIB), instead of the Combat Action Badge 

2.  The applicant states, in effect:

* he enlisted in an engineer unit of the Maine Army National Guard (MEARNG) in September 2007, with formal infantry training from his prior service in the U.S. Marine Corps (USMC)
* he was involuntarily assigned to an infantry unit for deployment to Afghanistan, in support of Operation Enduring Freedom (OEF), without being afforded the ability to attend 11B MOS training
* he trained as an infantryman at Camp Atterbury, IN, and the Joint Readiness Training Center at Fort Polk, LA, prior to deploying to Afghanistan
* while in Afghanistan, he served as an infantry fire team leader, engaging the enemy and leading his men through combat without losing any men or equipment
* at the conclusion of his deployment, he was awarded the CAB, which he states is unjust because other 11Bs were awarded the CIB for minor enemy engagements, while he endured actual combat
* he was involuntarily assigned to a hostile combat zone, and served as an infantryman and as a leader of other infantrymen, while engaging the enemy in combat
* he respectfully requests the Board's favorable decision

3.  The applicant provides:

* his DD Form 214 and DD Form 214c (Certificate of Release or Discharge from Active Duty (Continuation Sheet))
* Orders 010-013, Joint Forces Headquarters, MEARNG, dated 10 January 2010
* Permanent Orders 235-046, Headquarters, 3rd Brigade Combat Team, 101st Airborne Division (Air Assault), dated 23 August 2010
* DA Form 638 (Recommendation for Award), dated 23 August 2010
* Permanent Orders 290-003, Headquarters, 3rd Brigade Combat Team, 101st Airborne Division (Air Assault), dated 17 October 2010
* excerpts from his Sailor/Marine American Council on Education Registry Transcript (2 pages)
* printout of his Army Knowledge Online (AKO) profile, showing his Branch/MOS as 11B
* Army Board for Correction of Military Records (ABCMR) Docket Number AR2002068627, dated 27 June 2002

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a specialist/E-4 in the MEARNG.

2.  His records show that after prior enlisted service in USMC, he enlisted in the MEARNG on 8 September 2007.  On 25 September 2009, after completion of MOS training, he was awarded MOS 21K (Plumber).  

3.  On 10 January 2010, he was involuntarily reassigned to Company B, 3rd Battalion, 172 Infantry Regiment (Mountain), of the MEARNG, and mobilized for the purpose of deployment to Afghanistan in support of OEF.  His records show he served in Afghanistan from 2 March 2010 to 27 November 2010.  His reassignment order shows he was assigned to an MOS 11B position; however, it also shows he was not qualified for this position.  



4.  On 12 March 2010, he was promoted to sergeant (SGT)/E-5 and awarded MOS 21K2O, the skill level commensurate with his promotion to SGT.  This order does not award him a secondary MOS.

5.  On 19 October 2010, he received his first DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report), covering the rated period from 12 March 2010 through 31 October 2010.  He affirmed this form by affixing his digital signature to it on 19 October 2010.  This form shows:

   a. Part 1e (Administrative Data – Primary MOSC) shows his primary MOS during the rated period was 21K;

   b. Part IIIa (Duty Description – Principal Duty Title) shows his principal duty during the rated period was "Fire Team Leader;"

   c. Part IIIa (Duty Description – Duty MOSC) shows his duty MOS during the rated period was 11B; and

   d. Part IVf (Rater – Values/NCO Responsibilities – Responsibility and Accountability) shows the comment "assumed the duties and responsibilities of an infantry fire team leader three months into his unit's deployment to Afghanistan with no prior formal infantry training." 

6.  On 4 January 2011, he was honorably released from active duty and transferred back to the MEARNG.  His DD Form 214 shows he completed         11 months and 24 days of net active service during this period of active duty.  
Item 11 (Primary Specialty) of this form shows his primary MOS during this period of active duty was 21K.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following:

* Afghanistan Campaign Medal with campaign star
* North Atlantic Treaty Organization (NATO) Afghanistan Service Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Component Overseas Training Ribbon
* Armed Forces Reserve Medal with M Device
* Combat Action Badge
8.  There are no official orders in his available records awarding him the CIB.

9.  He provides:

   a. Orders 010-013, Joint Forces Headquarters, Maine National Guard, dated 10 January 2010, which shows he was involuntarily reassigned, for mobilization, in MOS 11B.  This order also shows he was not qualified for the duty position in which assigned.

   b. Permanent Orders 235-046, Headquarters, 3rd Brigade Combat Team, 101st Airborne Division (Air Assault), dated 23 August 2010, which awarded him the Army Commendation Medal for exceptionally meritorious service while assigned as an infantry rifleman in support of OEF X-XI, from 3 March 2010 to  15 November 2010.

   c. DA Form 638, dated 23 August 2010, which serves as the recommendation for the Army Commendation Medal awarded under Permanent Orders 235-046.  This form shows he was assigned to an infantry battalion, and his duty position was "Infantry Rifleman." 

   d. Permanent Orders 290-003, Headquarters, 3rd Brigade Combat Team, 101st Airborne Division (Air Assault), dated 17 October 2010, which awarded him the Combat Action Badge.

   e. Excerpts from his Sailor/Marine American Council on Education Registry Transcript, which shows he completed the Marine Combat Infantry School at Camp Lejeune, NC, from 17 November 1999 through 10 December 1999.

   f. A printout of his AKO profile, which shows his Branch/MOS as 11B.

   g. Army Board for Correction of Military Records (ABCMR) Docket Number AR2002068627, dated 27 June 2002, which is a past case involving the Board's decision to award MOS 11B and the CIB to a non-MOS qualified Soldier for combat service in the Republic of Vietnam. 

10.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and have participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show the CIB has been carefully considered; however, there is insufficient evidence to grant relief in this case.  

2.  His assignment to an infantry unit, his performance in an infantry duty position, and his engagement in combat with the enemy are not in question.  However, for award of the CIB, a Soldier must hold an infantry MOS.  There is no evidence in the available records, and he did not submit any evidence, to substantiate his formal award, through either promotion or reclassification, of MOS 11B as either a primary or secondary MOS.  Absent this evidence, there is insufficient evidence upon which to award the CIB in this case.

3.  Furthermore, his unit recognized his contributions by awarding him the Combat Action Badge, which is the appropriate award for non-infantry Soldiers involved in combat.

BOARD VOTE:

________  ________  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___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.



      ____________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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100030062



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