IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016253 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB).

2.  The applicant states sworn statements from the battalion S1 and battalion commander confirming his attachment to an infantry unit during a hostile operation in support of Operation Enduring Freedom (OEF) were not considered by the U.S. Army Human Resources Command (HRC).  

3.  The applicant provides:

* 5 DA Forms 2823 (Sworn Statement)
* 2 Memoranda
* DD Form 214
* Officer Record Brief
* Narrative
* Orders 095-005
* Orders 061-146
* Orders 070-002

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving in the rank/grade of colonel (COL)/O-6 as an 18 series (Special Forces (SF)) officer in the Oklahoma Army National Guard (OKARNG) at the time of his application to the Board.

2.  Evidence shows on 19 April 2011, the applicant was ordered to active duty in support of OEF.  He served in Afghanistan from 29 June 2011 to 12 April 2012.  

3.  On 25 May 2012, he was honorably released from active duty upon the completion of his required active service.  The DD Form 214 he was issued at the time of his release does not show award of the CIB. 

4.  On 17 October 2012, his commander requested the applicant be awarded the CIB for personally engaging and being engaged by accurate enemy rocket propelled grenades (RPG) and machine gun fire while in ground combat on 14 September 2011, in Laghman Province, Afghanistan.  This form further states the applicant was attached to Company A, 3rd Battalion, 66th Armor Regiment, Brigade Special Troops Battalion (Task Force Cheyenne), 45th Infantry Brigade Combat Team (Task Force Thunderbird).

5.  Subsequently, the applicant's request for award of the CIB was positively endorsed by his chain of command to include The Adjutant General, Joint Force Headquarters, OKARNG.

6.  On 16 May 2014, the Chief, Plans and Operations Awards and Decorations Branch, HRC informed the applicant that his request for award of the CIB was disapproved.  The Chief, Plans and Operations Awards and Decorations Branch noted that Army Regulation 600-8-22 (Military Awards), paragraph 8-6 and Military Personnel (MILPER) Message 11-268 provides that in order to be eligible for award of the CIB:

The Combat Infantryman Badge is awarded to Army Infantry or Special Forces Soldiers in the rank of colonel or below, who have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of a brigade, regimental, or smaller size during any such period the unit was engaged in active ground combat.  According to the documentation provided you were assigned to a Division level command.  Therefore, this request does not meet the criteria for award of the Combat Infantryman Badge.

7.  The applicant provides the following evidence in support of his application:

   a.  A DA Form 2823 authenticated on 18 September 2011, in which a senior noncommissioned officer attests to being two meters from the applicant when their position was attacked by an RPG on 14 September 2011 during Operation Brass Monkey.  He further states the applicant returned fire with his M4 carbine rifle and he continued to provide suppressive fire which enabled the mortar team to knock over and drag a 60mm mortar system to an alternate firing position.
   b.  A DA Form 2823 authenticated on 21 January 2012, in which a noncommissioned officer states on 14 September 2011, the applicant's position was attacked from the ridgeline by an RPG and the applicant immediately returned fire.
   
   c.  A DA Form 2823, dated 10 October 2012, in which the commander, Brigade Special Troops Battalion, 45th Infantry Brigade Combat Team, states from 14 to 17 September 2011, Operation Brass Monkey was executed in Laghman Province, Afghanistan.  The applicant (who was the commander of the Stability and Transition Team) participated in the operation and was attached to the battalion in his capacity as a senior combat advisor and SF officer.
   
   d.  A DA Form 4187, dated 17 October 2012, in which his OKARNG unit commander requested the applicant be awarded the CIB for personally engaging and being engaged by accurate enemy RPGs and machine gun fire while in ground combat on 14 September 2011, in Laghman Province, Afghanistan.  This form further states the applicant was attached to Company A, 3rd Battalion, 66th Armor Regiment, Brigade Special Troops Battalion (Task Force Cheyenne), 45th Infantry Brigade Combat Team (Task Force Thunderbird).  
   
   e.  A DA Form 2823, dated 6 February 2014, in which the battalion S1 for Headquarters and Headquarters Company, 45th Infantry Brigade Combat Team, states from 14 to 17 September 2011, the applicant was involved as a Stability and Transition Team advisor during Operation Brass Monkey.  She further states that no attachment orders were issued due to the constraints of the deployment environment, the operation tempo, and the unpredictable mission window.
   
   f.  The Adjutant General for the OKARNG stated by separate memorandum on 19 August 2014, that the Board should favorably grant the applicant the CIB.  He states that HRC overlooked the sworn statements and noted the wrong named operation in their denial letter.  The Adjutant General states HRC should have accepted the sworn statements of the infantry battalion commander and the administrative officer (S-1) that swear the applicant was attached to the infantry battalion during the operation.  The applicant, a senior officer to the battalion commander, was attached with permission and authorization of the battalion commander.
   
8.  Army Regulation 600-8-22, as amended by MILPER Message 08-190, 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, in effect, that an Army Soldier must have an infantry or SF specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF 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 SF primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the CIB.

2.  The applicant's status as an SF officer in the rank of COL or below who was engaged in active ground combat during his service in Afghanistan on 14 September 2011 is not in question.  

3.  While it is understandable that the HRC denied the applicant's request for award of the CIB based on his assignment to a Division level command, the sworn statements provided by his battalion S1 and further supported by his chain of command confirms that attachment orders were not issued to the applicant for his participation in Operation Brass Monkey due to the constraints of the deployment environment, the operation tempo, and the unpredictable mission window.

4.  Based on the foregoing, it would be appropriate to award the applicant the CIB.

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 CIB effective 14 September 2011; and

	b.  showing, in addition to the awards already shown on his DD Form 214 dated 25 May 2012, that his awards include 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)                                         AR20140016253



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ABCMR Record of Proceedings (cont)                                         AR20140016253



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