IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20100030071 


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).

2.  The applicant states he served as an infantryman in Iraq and he received the CAB for being engaged by the enemy during Operation Iraqi Freedom.  He believes he was awarded the wrong badge.  He was deployed as an infantryman.  They conducted convoy operations in Northern Iraq.  They mainly protected convoys heading north to Mosul or south to Tikrit.  His primary job was alternating between the lead scout vehicle commander and assistant convoy commander.  On 22 January 2009, he was involved in an improvised explosive device (IED) attack.  They had just passed an Iraqi police checkpoint when it detonated behind his truck.  Everyone in his vehicle and a trailing vehicle from his company were awarded the CAB.  Another Soldier in his company was involved in another attack and he was able to convert his CAB to a CIB.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), assignment orders, DA Form 2166-8 (Noncommissioned Officer Evaluation Report), mobilization orders, DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), National Guard Bureau 
Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) or DA Form 4836 – Reenlistment/Extension Bonus Addendum – Army National Guard of the United States), and Combat Action Badge orders.



CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 shows he served in Iraq from 27 October 2008 through 30 July 2009.

2.  Item 8a (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows he served with Company E, 1st Battalion, 185th Armor.

3.  The record shows Permanent Order 211-017, dated 29 July 2009, awarded applicant the CAB for being engaged by the enemy on 22 January 2009 while assigned to Company E, 1st Battalion, 185th Armor, 395th Combat Sustainment Support Battalion.

4.  The applicant's DA Form 2166-8 for the period 1 September 2008 through 31 August 2009 shows his assigned unit as Company E, 1st Combined Arms Battalion, 185th Armor, while performing duties in military occupational specialty (MOS) 11B (infantryman) as a vehicle commander in a light infantry platoon during his tour of duty in Iraq.

5.  On 28 August 2009, the applicant was honorably released from active duty in the rank/grade of sergeant/E-5 after completing 1 year and 13 days of active military service.

6.  His DD Form 214 does not show award of the CIB or CAB.

7.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties while 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.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active 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 to close with and destroy the enemy with direct fires.

	b.  Army Regulation 600-8-22 also states that IED's, vehicle-borne IED's, 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 CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the CIB based on his combat infantry service in Iraq in support of Operation Iraq Freedom.  He was deployed as an infantryman conducting convoy operations in Northern Iraq.  His unit mainly protected convoys heading north to Mosul or south to Tikrit.  His primary job was alternating between the lead scout vehicle commander and assistant convoy commander.  On 22 January 2009, he was involved in an IED attack.

2.  In order to qualify for the CIB a member must be an infantryman and satisfactorily performing duties in an infantry unit while participating in active ground combat with his unit.  Current guidelines state that IED's, vehicle-borne IED's, and the like are direct fire weapons.

3.  The applicant's DA Form 2166-8 for the period 1 September 2008 through 31 August 2009 clearly shows his assigned duties in MOS 11B as a vehicle commander in a light infantry platoon in Iraq in support of Operation Iraqi Freedom.

4.  His record also clearly shows he was awarded the Combat Action Badge for being engaged by the enemy on 22 January 2009 while assigned to Company E, 1st Battalion, 185th Armor, 395th Combat Sustainment Support Battalion.

5.  As such, the regulatory criteria necessary to award the CIB in lieu of the CAB has been satisfied.  Therefore, the applicant's CAB should be revoked and he should instead be awarded the CIB for being engaged by the enemy on 22 January 2009 while assigned to Company E, 1st Battalion, 185th Armor, 395th Combat Sustainment Support Battalion.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  revoking Permanent Order 211-017, dated 29 July 2009, awarding the applicant the CAB;

	b.  awarding the applicant the CIB for being engaged by the enemy on 22 January 2009 while assigned to Company E, 1st Battalion, 185th Armor, 395th Combat Sustainment Support Battalion; and

	c.  amending his DD Form 214 to show he was awarded the CIB.



      ____________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)                                         AR20100030071



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ABCMR Record of Proceedings (cont)                                         AR20100030071



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