IN THE CASE OF:  	  

		BOARD DATE:  9 October 2014	  

		DOCKET NUMBER:  AR20140016570 


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.

2.  The applicant states:

	a.  He was not awarded the Combat Infantryman Badge and his request for retroactive award of this badge was denied by the U.S. Army Human Resources Command (HRC).  He is entitled to this badge based on Army Regulation
600-8-22 (Military Awards) and Military Personnel (MILPER) Message 11-268.  His military occupational specialty (MOS) is 11C (Indirect Fire Infantryman) and he was wounded by an improvised explosive device (IED), a direct fire weapon.  Therefore, he was in ground combat with an enemy force and is deserving of the Combat Infantryman Badge.

	b.  HRC denied his request by saying that even though he was engaged, his unit was not.  This is unjust as IEDs are weapons used by the enemy to engage a group of Soldiers by either wounding or killing them outright.  Or, as in his case, to wound Soldiers to force the rest of the unit out of the fight as they evacuate the wounded.  As such, the enemy engaged his unit in ground combat by wounding him. 

3.  The applicant provides his Enlisted Record Brief, three DA Forms 2823 (Sworn Statement), two orders, a certificate, and a memorandum.



CONSIDERATION OF EVIDENCE:

1.  The applicant is an active duty Regular Army Soldier serving in the rank/grade of sergeant (SGT)/E-5 and he holds MOS 11C.  On 27 September 2010, he was assigned to the 3rd Battalion, 21st Infantry Regiment, 25th Infantry Division, AK.  He served in Afghanistan from 30 April 2011 to 22 April 2012 as a member of his assigned unit in support of Operation Enduring Freedom.  

2.  He provides two DA Forms 2823 as follows:

	a.  One dated 4 July 2011, wherein he stated that on 2 July 2011 he stepped on a pressure plate IED; Specialist (SPC) B_____ assisted him in moving back to cover behind a Stryker where he and Private First Class (PFC) Q____ began performing first aid on him.  He had pain in his right ankle, lower legs, and groin but there were no visible injuries except swelling in his ankle and groin.

	b.  One dated 4 July 2011, wherein PFC P____ stated they were sent out to recover vehicles and as a dismounted patrol with the Explosive Ordnance Disposal (EOD) team.  The applicant stepped on an IED; SPC B_____ aided him back to the Stryker and PFC Q____ provided first aid.

3.  The applicant provides and his record contains Permanent Orders 293-549, dated 20 October 2011, issued by Headquarters, Combined Joint Task Force-82, Afghanistan, awarding him the Purple Heart for wounds received as a result of hostile action on 2 July 2011.

4.  He also provides a DA Form 2823, dated 20 May 2013, wherein now SGT B_____ stated, in part, that on 2 July 2011 the 3rd Battalion, 21st Infantry Regiment, Reconnaissance and Mortar Platoon conducted a mission in Afghanistan.  The U.S. Air Force Explosive Ordnance Detachment (EOD) team went to explode several pressure plate IEDs that the Afghanistan National Army Soldiers discovered.  While providing dismounted security for the EOD team, the applicant stepped on an IED and was injured in the explosion (emphasis added).  He suffered a twisted ankle and bruised genitals.

5.  He provides a memorandum to his commander, dated 12 September 2013, wherein HRC denied the request for award of the Combat Infantryman Badge for the applicant.  The HRC official stated, in part: 

	a.  In accordance with Army Regulation 600-8-22 and MILPER Message
11-268, a Soldier must be personally present and under fire while assigned or attached to an infantry primary duty position, in a unit engaged in active ground combat.  IEDs 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 a Combat Infantryman Badge.

	b.  Although engaged by a direct fire weapon, the applicant's unit was not engaged in active ground combat.  Therefore, the request did not meet the criteria for award of the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 states the Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties, while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such 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.  

7.  MILPER Message 11-268 updated approved changes to Army Regulation 600-8-22.  It stated, in part, while engagement by direct fire weapons, including IEDs, does not qualify alone for award of the Combat Infantryman Badge, it should be considered in recommendations for award of this badge.  

DISCUSSION AND CONCLUSIONS:

1.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

2.  The applicant's infantry MOS and assignment to an infantry unit during his service in Afghanistan are not in question.  However, there is no evidence and he did not submit any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. 

3.  Although he was injured on 2 July 2011 by an IED that qualified him for award of the Purple Heart, his injury was not caused as the result of an enemy action.  It was not caused while he was under hostile fire or while he and his infantry unit were actively engaged in ground combat with the enemy and does not meet the criteria for award of the Combat Infantryman Badge.  He was providing security for an EOD team.  In addition, the evidence he provided did not show that he or any member of his team was fired upon by enemy forces or that they fired their weapons upon enemy forces on that date.
4.  Notwithstanding his sincerity regarding his entitlement to this badge, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.  

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 that 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)                                         AR20140016570





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