BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012478
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 award of the Combat Action Badge to award of the Combat Infantryman Badge.
2. The applicant states he was awarded the Combat Action Badge for being engaged by the enemy or engaging the enemy on 21 July 2010. Because he was acting as an infantry squad leader in charge of infantry Soldiers and held an infantry secondary military occupational specialty (MOS), he should have been awarded the Combat Infantryman Badge. The S-1 stated he was listed as having MOS 31B (Military Police) due to a State administrative error in not including his secondary MOS so he was awarded the Combat Action Badge.
3. The applicant provides:
* deployment orders
* Army Commendation Medal Certificate
* DA Form 2166-8 (Noncommissioned Officer Evaluation Report)
* DA Form 638 (Recommendation for Award)
* orders awarding him secondary MOS 11B (Infantryman)
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 February 2011
CONSIDERATION OF EVIDENCE:
1. He previously served 3 years and 8 months in the U.S. Marine Corps. On 21 December 2006, he enlisted in the New Hampshire Army National Guard (NHARNG).
2. On 5 December 2009, he was mobilized as a member of his NHARNG unit, Headquarters and Headquarters Company, 3rd Battalion, 172nd Infantry Regiment, for a period not to exceed 400 days.
3. He served in Afghanistan from 2 March to 27 November 2010.
4. 3rd Brigade Combat Team (BCT), 101st Airborne Division (Air Assault), Task Force Rakkasan, Forward Operating Base (FOB) Salerno, Permanent Order 218-010, dated 6 August 2010, awarded the applicant the Combat Action Badge for service on 21 July 2010 for being engaged by or engaging the enemy.
5. His Army Commendation Medal Certificate shows he was assigned to Headquarters and Headquarters Battery (HHB), 3rd Battalion, 320th Field Artillery (FA) Regiment. He was awarded the Army Commendation Medal for outstanding achievement while assigned as a Base Defense Operations Center Quick Reaction Force squad leader during a complex attack on FOB Salerno on 28 August 2010.
6. His DA Form 2166-8 for the period 5 December 2009 through 31 October 2010 was submitted by reason of release from active duty.
* his primary MOS is shown as 31B
* his unit of assignment is shown as HHB, 3rd Battalion, 320th FA Regiment, FOB Salerno
* his principal duty is shown as squad leader
* his duty MOS is shown as 11B
7. NHARNG Orders 333-004, dated 29 November 2010, awarded the applicant secondary MOS 11B effective 1 November 2010.
8. The DA Form 638 for his award of the Army Commendation Medal was submitted by the Commander, HHB, 3rd Battalion, 320th FA Regiment, 3rd BCT, FOB Salerno.
9. On 4 February 2011, he was released from active duty to the control of his NHARNG unit.
10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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/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.
b. The requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.
DISCUSSION AND CONCLUSIONS:
1. During his deployment to Afghanistan, the applicant was assigned to HHB, 3rd Battalion, 320th FA Regiment. Although he may have performed infantry-type duties, he was not assigned to an infantry unit during his deployment.
2. He was not awarded secondary MOS 11B until 1 November 2010. He was awarded the Combat Action Badge for action on 21 July 2010. He was awarded the Army Commendation Medal for action on 28 August 2010.
3. In view of the above, the Combat Action Badge was the appropriate award. Therefore, there is no basis for granting his 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) AR20130012478
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ABCMR Record of Proceedings (cont) AR20130012478
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