IN THE CASE OF:	  

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20140005023 


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 records to show he was assigned to an infantry unit during the period October 2005 through July 2007 and award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was assigned to Headquarter and Headquarters Battery (HHB), 1st Battalion, 216th Air Defense Artillery (ADA) Regiment (HHB, 1-216th ADA) in the Minnesota Army National Guard (MNARNG) and mobilized in support of Operation Iraqi Freedom (OIF).

	a.  Prior to the deployment, the unit was reorganized and designated Headquarters and Headquarters Company (HHC), Brigade Special Troop Battalion (BSTB or BTB), 1st Brigade Combat Team (BCT), 34th Infantry Division (ID) (HHC, BSTB, 1-34th ID).  The reorganization occurred under the Minnesota Stationing Plan.

	b.  During the deployment he was a cross-level fill assigned to HHC, BSTB, 1st BCT, 34th ID.  However, the company continued to use old naming conventions to assist in monitoring the unit.

	c.  He adds that his Noncommissioned Officer Evaluation Report (NCOER) and several orders show his unit as HHC BSTB.  The company was comprised primarily of combat arms Soldiers, the unit encountered many enemy attacks, and those Soldiers who held a military occupational specialty (MOS) in the 
11-series (Infantry) were awarded the CIB.

	d.  He was awarded the Combat Action Badge (CAB) despite meeting all the criteria and requirements for award of the CIB.  He has submitted four packets requesting award of the CIB (in lieu of the CAB) and four general officers have his endorsed his requests.  However, all of the requests have been denied.

3.  The applicant provides copies of documents related to the unit reorganization and his requests for award of the CIB.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Army National Guard of the United States and MNARNG in the grade of E-8.

2.  Department of Military Affairs, Office of the Adjutant General, St. Paul, MN, Orders 298-013, dated 25 October 2005, as amended by Orders 063-154, dated 4 March 2007, ordered the applicant to active duty as a member of his unit (HHB, 1-216th ADA (WPE8T0)) on 1 November 2005 for a period of 730 days.  The additional instructions show the applicant was ordered to OIF and assigned to HHB, 1-216th ADA BN (WPE8T0) and his primary MOS was 63Z5 (Mechanical Maintenance Supervisor).

3.  Department of the Army, Mobilization Center Shelby, Camp Shelby, MS, Orders 083-500, dated 24 March 2006, directed the following unit action and group travel:  Headquarters (HQ), 1-216th ADA BN (WPE8T0) and the attached list of personnel to deploy in a Temporary Change of Station status to 3rd Corps Support Command (COSCOM), Base Camp Endurance, Iraq, effective 27 March 2006.  A review of the attached list shows the applicant's name, rank, and a Unit Identification Code (UIC) of "WPE8T0" for his unit of assignment.

4.  HQ, 1-216th ADA, 34th ID, Tallil Air Base, Logistical Support Area (LSA) Adder, Permanent Order 345-003, dated 11 December 2006, shows the applicant was authorized the Minnesota State Service Ribbon with 10-Year Device for the period 9 October 2002 to 8 October 2007.  It also shows UIC "WPE8T0."

5.  13th Sustainment Command (Expeditionary), LSA Anaconda, Iraq, Permanent Order 023-045, dated 23 January 2007, shows the applicant was awarded the CAB for engaging or being engaged by the enemy on 1 December 2006.  It also shows he was assigned to HHC, 1-216th ADA (WPE8T0), 1-34th BCT.

6.  A DA Form 638 (Recommendation for Award) shows HQ, Multinational Corps-Iraq, Permanent Order 050-016, dated 19 February 2007, awarded the applicant the Bronze Star Medal for meritorious service during OIF from 14 April 2006 to 31 July 2007.  The award documents also show he was assigned to HHB, 
1-216th ADA, LSA Adder.  The narrative summary for the award shows the applicant distinguished himself as the Battalion Motor Sergeant from 14 April 2006 to 31 July 2007 and also as the Battery First Sergeant (1SG) from 2 September 2006 to 13 March 2007.

7.  A review of the applicant's DA Forms 2166-8 (NCOERs), covering the period of service under review, show the following:

* from November 2005 through March 2006, he served as Battalion Motor Sergeant (Duty MOS 63Z5PH8), HHC, 1-34th BTB, Camp Shelby, MS
(The rater, senior rater and reviewer were assigned to HHC, 1-34th BTB)
* from 1 April 2006 through 31 August 2006, he served as Battalion Motor Sergeant (Duty MOS 63Z5PH8), HHB, 1-216th ADA, Camp Adder, Iraq
(The rater, senior rater and reviewer were assigned to HHB, 1-216th ADA)
* from 1 September 2006 through 31 August 2007, he served as Battery First Sergeant (Duty MOS 11Z5P), HHB, 1-216th ADA, Camp Adder, Iraq
(The rater, senior rater and reviewer were assigned to HHB, 1-216th ADA)

8.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was ordered to active duty in support of OIF on 1 November 2005, honorably released from active duty on 1 June 2008, and transferred to the MNARNG.  He had completed 2 years, 7 months, and 1 day of net active service this period that included 1 year, 3 months, and 17 days of foreign service.  It also shows he served in Iraq from 29 March 2006 through 12 July 2007.

9.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the CIB.

10.  In support of his application, the applicant provides the following documents.

	a.  A MNARNG memorandum addressed to the Chief, National Guard Bureau (C, NGB), dated 8 August 2005, subject:  Stationing Plan for the MNARNG, that shows the MNARNG Mobilization Readiness Officer requested authority to:

		(1)  change the troop allotment, effective 1 September 2005, as follows:

* Deletions:  WPE8A (1-216th ADA)
* Additions:  WX43AA (1-34th BCT)



		(2)  and, in pertinent part, to organize, reorganize, convert, and redesignate the following unit:

* New Unit:  HHC, BSTB, 1-34th BCT (WX43T0)
* Old Unit:  WPE8T0
* Effective Date (EDATE):  4 September 2005

	b.  A MNARNG memorandum addressed to the C, NGB, dated 8 August 2005, subject:  Stationing Plan for the MNARNG, that shows the MNARNG Mobilization Readiness Officer requested authority to:

		(1)  change the troop allotment, effective 1 September 2005, as follows:

* Deletions:  None
* Additions:  None

		(2)  and, in pertinent part, to organize, reorganize, convert, and redesignate the following unit:

* New Unit:  HHC, BSTB, 1-34th BCT (WX43T0)
* Old Unit:  None
* EDATE:  4 September 2005

	c.  A MNARNG memorandum addressed to the C, NGB, undated, subject:  Stationing Plan for 1-34th BSTB (WX43AA), that shows the MNARNG Force Integration Readiness Officer requested, in pertinent part, authority to reorganize, redesignate, and change the station of the following unit, effective 1 September 2005:

* New Unit:  HHC, BSTB, 1-34th BCT (WX43T0)
* Old Unit:  None

	d.  HQ, 1st BCT, 34th ID, Ali Air Base, LSA Adder, Orders 286-1, dated 13 October 2006, as amended by Orders 28-1, dated 28 January 2007, laterally appointed the applicant to 1SG (E-8) and awarded him primary MOS (PMOS) 11Z5P and secondary MOS 63Z58, effective 24 September 2006.  The orders show he was assigned to HHC, 1-34th BTB (WPE8T0).

	e.  HHB, 1-216th ADA, 1-34th ID, Tallil Air Base, LSA Adder, memorandum, dated 11 December 2006, that shows the applicant was recommended for award of the CIB for being engaged by enemy small arms fire and returning fire on 1 December 2006.  The recommendation contains a proposed narrative and four DA Forms 2823 (Sworn Statements) that show a convoy escort team was escorting a Class III convoy of 21 trucks from LSA Anaconda to LSA Cedar II.  The escort team came under fire at 012214 December 2006 and the applicant (and other Soldiers) returned fire at the insurgents.

		(1)  The sworn statement submitted by the applicant shows he was traveling in truck HHC 333 as Gunner and was assigned to HHB 1-216th ADA.

		(2)  The three sworn statements submitted by other Soldiers traveling in truck HHC 333 (Sergeant (SGT) Adam J. S____, Truck Commander; SGT Tad C. W____, Driver; and SGT Anthony J. St. S____, Medic) show the three Soldiers were assigned to HHC, 1-34th BTB.

	f.  Three 3rd COSCOM, LSA Anaconda, Iraq, permanent orders, dated 8 September 2006, that show three Soldiers (assigned to HHC, BTB, 1st BCT, 34th ID) were awarded the CIB while assigned or attached to an infantry unit engaged in ground combat on 27 June 2006.

	g.  Page 2 of 10 of the HHB Forward 1-216th ADA BN, Unit Manning Report, prepared on 16 February 2007, that shows the applicant was assigned to paragraph 105, line 02, 1SG position, Duty Position Code 11Z5M.  It also shows the three Soldiers (referenced above) held PMOS 11B and were assigned to HHB Forward 1-216th ADA BN as of 16 February 2007.

	h.  A memorandum, dated 27 February 2007, that shows the Commander, HHB, 1-216th ADA, requested the Commander, HQ, 1-34th ID, reconsider the previously submitted CIB packet pertaining to the applicant.  (The commander's recommendation/decision was not included in the application.)

	i.  A memorandum, dated 2 November 2009, that shows the Chief, Military Awards Branch, U.S. Army Human Resources Command (HRC), disapproved the applicant's request for revocation of his CAB and award of the CIB for actions on 1 December 2006.  The basis for the disapproval was that the applicant was assigned to an ADA battalion at the time of the incident and, based on his unit of assignment, he did not meet the criteria for award of the CIB.

	j.  A memorandum, dated 19 March 2010, that shows the Chief, Awards and Decorations Branch, HRC, disapproved the applicant's request for award of the CIB for actions on 1 December 2006.  The HRC official referenced two previously issued memoranda, dated 11 March 2008 and 2 November 2009, and restated the basis for the disapproval (i.e., the applicant was assigned to an ADA battalion at the time of the incident and, based on his unit of assignment, he did not meet the criteria for award of the CIB).

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Chapter 8 (Badges and Tabs, U.S. Origin), paragraph 8-6, as amended by Military Personnel (MILPER) Message 08-190, provides regulatory guidance for award of the CIB.

	b.  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.

		(1)  MILPER Message 08-190 announced that 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.

		(2)  It also provides that improvised explosive devices (IED's), vehicle-borne 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 CIB.

		(3)  The changes were effective retroactive to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was assigned to HHC, BTP, 1-34th BCT during OIF and awarded the CIB for actions on 1 December 2006.

2.  The evidence of record shows that the MNARNG memoranda pertaining to Stationing Plan for HHC, BSTP, 1-34th BCT (WX43T0), effective September 2005, provide inconsistent information.  One memorandum shows HHC, BSTB, 1-34th BCT (new unit) was organized from HHD, 1-216th ADA (WPE8T0) (i.e., an old unit).  Whereas, the other two memoranda show HHC, BSTB, 1-34th BCT was a newly-organized unit (i.e., not organized from an old unit).

3.  The evidence of record shows the applicant was ordered to active duty as a member of HHC, 1-216th ADA (WPE8T0) on 1 November 2005 and directed to deploy to 3rd COSCOM, Base Camp Endurance, Iraq, effective 27 March 2006.

	a.  The orders that laterally appointed the applicant to 1SG and awarded him PMOS 11Z5P, effective 24 September 2006, show his unit as HHC, 1-34th ID; however, they also show the UIC indicating assignment to HHB, 1-216th ADA.

	b.  His two NCOER's covering the period from 1 April 2006 through 31 August 2007, show he was assigned to HHB, 1-216th ADA (WPE8T0), Iraq.

	c.  The award orders and documents pertaining to the applicant issued during his overseas deployment (i.e., Bronze Star Medal, Combat Action Badge, and MNARNG State Service Ribbon with 10-Year Device) all show he was assigned to HHB, 1-216th ADA (WPE8T0).

4.  The evidence of record shows, on 11 December 2006, a request for award of the CIB based on the attack on 1 December 2006 was submitted while the applicant was serving in Iraq.  There is no evidence of the final action taken on the request.  However, on 23 January 2007, he was awarded the CAB.

5.  The evidence of record shows, on 27 February 2007, the Commander, HHB, 1-216th ADA, requested reconsideration of the previously-submitted CIB packet pertaining to the applicant.  The approving authority's decision is not available. However, based on the available evidence it may be concluded that the appropriate authority in the theater of operations disapproved the request.

6.  The evidence of record shows the applicant's request for award of the CIB for actions on 1 December 2006 was disapproved by HRC on three occasions based on the fact that the applicant was assigned to an ADA battalion at the time of the incident.

7.  The requirements for award of the CIB are specific and clear.  A Soldier must be personally present and under hostile fire while satisfactorily serving in an assigned infantry or special forces primary duty, and assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size, while actively engaged in ground combat with the enemy to close with and destroy the enemy with direct fires.

8.  After a careful review of all the evidence, it is concluded that the applicant did not meet all of the requirements to satisfy the strict criteria for award of the CIB.  Specifically, the preponderance of evidence shows he was assigned to an ADA battalion at the time of the incident under review.

9.  Therefore, in view of all of the foregoing, the available evidence is insufficient to support the applicant's request for correction of the unit of assignment shown in his records during his deployment in support of OIF and his claim to the CIB.  Therefore, he is not entitled to award of the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20140005023



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ABCMR Record of Proceedings (cont)                                         AR20140005023



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