BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130012418 


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 for combat action on 2 July 2010.

2.  The applicant states after his deployment to Arghandab his request for his Combat Infantryman Badge was lost.  His platoon leader, Captain (CPT) D_______, resubmitted the request several times after the error was discovered. However, no response was ever given nor were orders issued for the Combat Infantryman Badge.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 February 2013
* his unit orders for deployment to Afghanistan in support of Operation Enduring Freedom, dated 15 March 2010
* his NATO orders for movement to Afghanistan on 31 March 2010 and to return on 27 September 2010
* four DA Forms 2823 (Sworn Statement) 

CONSIDERATION OF EVIDENCE:

1.  On 16 September 2009, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).

2.  U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, Fort Bragg, NC Orders 074-54, dated 15 March 2010, directed the 4th Brigade Combat Team, 82nd Airborne Division to deploy to Afghanistan in support of Operation Enduring Freedom on or about 31 March 2010.

3.  On 9 February 2013, the applicant was released from active duty.  He completed 3 years, 4 months, and 24 days of active service that was characterized as honorable.  His DD Form 214 shows he was deployed to Afghanistan from:

* 16 April 2010 - 2 September 2010
* 8 September 2011 - 29 August 2012

4.  His DD Form 214 does not show he was awarded the Combat Infantryman Badge.

5.  He submitted a DA Form 2823, 22 March 2013, from his platoon leader, CPT D_______.  The CPT stated the 1st Squad, 1st Platoon, Bravo Company, 
2nd Battalion, 508th Parachute Infantry Regiment (PIR) was attacked by a team size element on 2 July 2010 in the village of Mian Joy, Arghandab River Valley, Kandahar Province, Afghanistan.  At approximately 1230 their position was attacked by automatic weapons fire coupled with a vehicle-borne improvised explosive device (VIED).  The automatic weapons fire the 1st squad received lasted approximately 15 seconds until a private first class (PFC) returned fire with his squad automatic weapon.  The CPT and a staff sergeant (SSG) began to maneuver on the enemy but the maneuver was halted when combat air support (CAS) was directed onto the enemy's egress.  The applicant was in 1st squad and present during the automatic weapons fire and he was part of the initial maneuver element after the enemy attack.

6.  He submitted a DA Form 2823, dated 13 March 2013, from Specialist (SPC) C_______.  The SPC stated he was a member of 1st Platoon, Bravo Company, 2nd Battalion, 508th PIR with the applicant when they engaged the enemy on 
2 July 2010.  Their squad engaged the enemy with semi-automatic and automatic weapons fire.  The enemy proceeded to retreat through an orchard and their forward observer called in CAS into the area to continue to engage the enemy.

7.  He submitted a DA Form 2823, dated 16 June 2013 from SPC F______.  The SPC stated the 1st Platoon, Bravo Company, 2nd Battalion, 508th PIR engaged two or more enemy insurgents on 2 July 2010 at approximately 1300 during a mission in the Arghandab River Valley in Afghanistan.  While he and another SPC were on guard duty they received automatic weapons fire.  Simultaneously a VBIED hit the 2nd Platoon.  While he and the SPC returned fire on the enemy, the remainder of the squad began initiating a maneuver element on the enemy.  CAS was called in and attempted to engage the enemy who had fled from the area.  The applicant was present at the time of the attack on the squad and was part of the element that was on the ground during the attack.

8.  He submitted a DA Form 2823, which he signed on 10 June 2013.  He states that on 2 July 2010 his squad was engaged by small arms fire by two enemy insurgents.  Their squad engaged the enemy, which caused the enemy to retreat into a nearby orchard.  The platoon leader and squad leader assembled a team to flank the enemy.  Their forward observer called in CAS to continue to pursue the enemy.  He was present at the time of the incident as a member of the 
1st Squad, 1st Platoon, Bravo Company, 2nd Battalion, 508th PIR.

9.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the Combat Infantryman Badge 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, 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.  

10.  Army Regulation 600-8-22 also states that improvised explosive devices (IEDs), VBIEDs, 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 Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The DA Forms 2823 from his platoon leader and two other SPCs are consistent in their statements that the applicant was present on 2 July 2010 when the 1st Squad, 1st Platoon, Bravo Company, 2nd Battalion, 508th PIR engaged in combat with the enemy.  There is absolutely no evidence that the applicant was anywhere other than with his assigned unit at the time they were engaged in combat.  
2.  Therefore, there is sufficient evidence to show the applicant was assigned to an infantry unit performing infantry duties and that he was personally present and actively engaged in ground combat with the enemy.  Therefore, he should be awarded the Combat Infantryman Badge effective 2 July 2010, the approximate date he met the criteria for award of the badge.

BOARD VOTE:

___x_____  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  awarding him the Combat Infantryman Badge effective 2 July 2010; and

	b.  amending his DD Form 214 by adding the Combat Infantryman Badge.




      _______ _ 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)                                         AR20130012418



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ABCMR Record of Proceedings (cont)                                         AR20130012418



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