IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110011734 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB) through a Member of Congress.

2.  The applicant states in a letter to a Member of Congress:

   a.  He was wounded in action on 13 September 2011 [sic 2008] while serving as a machine gunner on combat patrols.  He was holding an infantry position with Company B, 1st Battalion, 151st Infantry Regiment, while serving in Northern Iraq in 2008.

	b.  Before returning home, he was awarded the CIB in a company formation along with the others from his truck crew, Private(PV2) A____ M____ and Sergeant (SGT) M____ B____.  None of them were given actual orders for this badge and were instructed that they would receive them during demobilization later that month.  However, none of them were provided with orders during demobilization.

	c.  PV2 M____, SGT B____, and he were awarded the Purple Heart in February 2009 during a company awards ceremony.  They were provided with the actual certificate as well as orders, but were still not provided orders for the CIB, even upon request.

	d.  He began contacting his unit in hopes of receiving his CIB orders after his release from the Army National Guard (ARNG) in June 2009.  He was advised that no orders could be found for him or the others.  He tried other solutions to locate these orders, but met either no solutions or resistance since he was no longer an active part of the ARNG.

	e.  He filed a case with the Army Board for Correction of Military Records (ABCMR) and, after almost a year of waiting, the Board made no decision about awarding the CIB but made a correction to his DD Form 214 by adding the Purple Heart and National Defense Service Medal.  The Board could make no decision as it did not have enough information to determine whether he was engaged in combat, despite being wounded in action from direct combat.

3.  The applicant provides:

* DA Form 4187 (Personnel Action), dated 20 October 2008
* Purple Heart orders
* DA Form 4187-1-R (Personnel Action Form Addendum), dated 28 November 2008
* Record of Proceedings, dated 9 September 2010
* email to a constituent liaison, dated 17 May 2011

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 ABCMR in Docket Number AR20100008650 on 9 September 2010.

2.  The applicant contends that he was awarded the Purple Heart for being wounded in action from direct combat and this should be enough information to determine whether he was engaged in combat for award of the CIB.  This new argument will be considered by the Board with the evidence he provided.

3.  His military records show he enlisted in the Indiana ARNG on 31 January 2003.  He completed training and was awarded military occupational specialty (MOS) 11B (infantryman).

4.  He was ordered to active duty in support of Operation Iraqi Freedom and entered active duty on 10 December 2007.  He served in Iraq from 8 March through 20 November 2008 and he was assigned to Company B, 1st Battalion, 151st Infantry Regiment.

5.  A DA Form 4187, dated 20 October 2008, states a combat logistics patrol from the 1st Battalion, 151st Infantry Regiment, was struck by an improvised explosive device (IED) on 13 September 2008.  The truck hit an improvised container with belt, bearings, and five pounds of unknown bulk explosives which was command-wire initiated.  There were medically documented injuries due to enemy activity.

6.  Permanent Order 323-010 issued by Headquarters, 3rd Sustainment Command (Expeditionary), dated 18 November 2008 awarded him the Purple Heart for wounds received as a result of hostile enemy action on 13 September 2008.

7.  He was honorably released from active duty to the control of the Indiana ARNG on 8 December 2008 due to completion of required active service.  The Purple Heart and CIB were not listed on his DD Form 214.

8.  On 30 August 2010, he was issued a DD Form 215 (Correction to DD Form 214) adding the Purple Heart to his DD Form 214.

9.  There are no orders in his service personnel records that show he was awarded the CIB.  A review of the service personnel records of the two individuals he mentioned also failed to reveal orders for award of the CIB.

10.  Army Regulation 600-8-22 (Military Awards) – as amended by Military Personnel Message 08-190, AHRC-PDP-A, dated 22 July 2008, subject:  Revised Criteria for Awarding Combat Badges (CIB, Combat Medical Badge, and Combat Action Badge) – 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.  Specific requirements state that an Army Soldier must have an infantry or special forces specialty/MOS 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.  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.  By current policy, an individual serving in an assigned infantry duty position in an infantry unit engaged in active ground combat with the enemy to close with and destroy the enemy with direct fires may be awarded the CIB.  Army Regulation 600-8-22 also states that IED's, vehicle-borne IED's, and the like are direct-fire weapons.

2.  The evidence of record shows the applicant was struck by an IED on 13 September 2008 while serving in an infantry duty position in an infantry unit in Iraq.  He was awarded the Purple Heart for his wounds received as result of hostile enemy action on that date.

3.  Despite the absence of orders awarding him the CIB, the evidence shows he was serving in an infantry MOS in an infantry unit and personally present when he was struck by an IED on 13 September 2008.

4.  The available evidence appears to show he met the criteria for award of the CIB under current policy as result of the 13 September 2008 IED incident.  Therefore, he should be awarded the CIB for his participation in active ground combat on 13 September 2008 and his DD Form 214 should be corrected to show this badge.

5.  In view of the foregoing, his records should be corrected as recommended below.

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 amendment of the ABCMR's decision in Docket Number AR20100008650, dated 9 September 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the CIB for his participation in active ground combat while assigned to an infantry unit on 13 September 2008 and

	b.  adding the CIB to item 13 of his DD Form 214 for the period ending 8 December 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)                                         AR20110011734



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ABCMR Record of Proceedings (cont)                                         AR20110011734



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