BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150004925 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. On 22 July 2008, Military Personnel (MILPER) Message 08-190, subject: Revision Criteria for Awarding Combat Badges, was issued. On 17 September 2009, there was a suicide vehicle borne improvised explosive device (SVBIED) blast just outside the main gate of Camp Eggers, New Kabul Compound (NKC), Afghanistan. The unit in contact was his unit, Company A, 2nd Battalion, 151st Infantry Regiment. b. The initial Combat Infantryman Badge request for him was submitted to Colonel (COL) RDS, the theatre brigade commander. It was returned without action due to conflicting understanding of Army Regulation 600-8-22 (Military Awards) and MILPER Message 08-190. He departed Afghanistan and was released from active duty on 3 June 2010. On 15 June 2010, Sergeant First Class (SFC) KI, his platoon sergeant, made a final statement concerning the SVBIED prior to his departure from Afghanistan. c. On 3 August 2011, the National Guard Bureau (NGB) published a memorandum, subject: Revised Policy for Individual Retroactive Combat Award Recommendations (Army National Guard (ARNG)-HRH Policy Memorandum Number 11-048). On 2 September 2011, MILPER Message 11-268, subject: Approved Changes to Army Regulation 600-8-22, was issued. d. On 15 January 2012, he personally waived his dwell time and mobilized with Headquarters (HQ), 76th Infantry Brigade Combat Team (BCT) and deployed to Afghanistan. He departed Afghanistan and was released from active duty on 2 January 2013 to the ARNG. On 23 January 2014, he was assigned to the 138th Regiment, Camp Atterbury, IN. COL RDS was now the Camp Atterbury Post Commander and the Post Command Sergeant Major (CSM) was CSM SB. e. Around May 2014, he inquired to CSM SB about what happened to the initial request for his Combat Infantryman Badge and found out it was returned without action. He was told if he wanted to submit it again then COL RDS would review the request. CSM SB was able to retrieve some of the original sworn statements and he (the applicant) contacted his former platoon members, obtained sworn statements, and completed his own sworn statement. f. COL RDS reviewed the packet, determined the Combat Infantryman Badge should have been awarded while in theatre based on MILPER Message 08-190, and signed the DA Form 4187 (Personnel Action) recommending approval. Following NGB’s policy memorandum that retroactive requests for award of combat badges had to go through the Soldier’s first general officer in the chain of command, the request was sent to Major General (MG) OCT, Commander, Atterbury-Muscatatuck Center for Complex Operations (AMCCO), and he recommended approval. g. In July 2014, the request was hand-delivered to the U.S. Army Human Resources Command (HRC). On 25 November 2014, by memorandum, HRC denied the request and stated he did not meet the criteria in Army Regulation 600-8-22 for the Combat Infantryman Badge. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 June 2010 * HRC memorandum, dated 25 November 2014 * DA Form 200 (Transmittal Record), dated 1 July 2014 * DA Form 4187, dated 17 June 2014 * DA Form 4187-1 (Personnel Action Form Addendum), dated 12 May 2014 * Soldier Record Brief (SRB), dated 24 April 2014 * NGB Policy Memorandum * one page titled Combat Infantryman Badge Submission SVBIED, undated * memorandum for record (MFR), dated 15 June 2010 * five pages titled Significate Action (SIGACT) Brief, SBVIED, 17 September 2009 * three DA Forms 2823 (Sworn Statement), dated between 18 September 2009 and 13 May 2014 * orders, dated 8 July 2009 * two MILPER Messages * one page of Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP) AR20140011505 CONSIDERATION OF EVIDENCE: 1. The applicant’s records show he was serving as a member of the Army National Guard (ARNG) in the rank/grade of sergeant (SGT)/E-5 and he held military occupational specialty (MOS) 11B (Infantryman). 2. He was ordered to active duty as a member of his ARNG unit in support of Operation Enduring Freedom (OEF) and he entered active duty on 7 June 2009. He was assigned to the 2nd Platoon, A Company, 2nd Battalion, 151st Infantry Regiment. On 29 July 2009, he deployed to Afghanistan with his assigned unit. 3. The applicant provides a SIGACT Brief, SBVIED Camp Eggers/NKC, Afghanistan, dated 17 September 2009, wherein it stated, in part: a. At about 1215, an insurgent attacked an Italian convoy with a VBIED along Route White approximately 100 meters north of entry control point (ECP) 1, NKC, showering 2nd Platoon forces with shrapnel and debris. Immediately 2nd Platoon, A Company, 2nd Battalion, 151st Infantry, Soldiers conducted the reaction (React) to VBIED battle drill and secured NKC. The Quick Reaction Force (QRF) (3rd Platoon based at Camp Eggers) stood up and prepared to launch. b. The 2nd Platoon established an observation post and began sending intelligence updates to the Camp Eggers and NKC Base Defense Operation Centers (BDOC). At 1220, the Camp Eggers QRF was given the order to launch to the scene. They escorted the Counter-IED Exploitation Cell to the scene. At 1230, Camp Eggers QRF arrived on scene and began establishing security and treating casualties. c. At 1240, Italian forces arrived on scene. Camp Eggers QRF tied their forces with the Italians and assumed responsibility of the southern portion of the cordon with Italian forces responsible for the northern portion. At 1345, Afghan National Security forces assumed responsibility for the scene and at 1350, Camp Eggers QRF returned to base. Further investigation revealed the VBIED was approximately 880 pounds of explosives which detonated 125 meters from ECP 1, NKC. 4. On 27 May 2010, the applicant departed Afghanistan with his assigned unit. He was honorably released from active duty on 3 June 2010 in the rank of SGT to the control of the ARNG. 5. He was subsequently assigned to the 76th Infantry Brigade, Camp Atterbury. He served on active duty with his assigned unit from 4 June 2010 to 14 January 2012 and from 15 January 2012 to 2 January 2013. During this period of service, he served in Afghanistan from 4 March to 27 November 2012. 6. In 2014, he was assigned to the 138th Combat Arms Regiment (CAR), Camp Atterbury. 7. He provides a DA Form 4187, dated 17 June 2014, wherein his unit submitted a request to HRC to award him the Combat Infantryman Badge. With the request was a page titled Combat Infantryman Badge Submission SVBIED, 2nd Platoon, A Company, 2nd Battalion, 151st Infantry, NKC, Afghanistan, wherein it stated, in part: a. On 17 September 2009, a complex attack was initiated with a SVBIED detonated along Route White, roughly 120 meters from NKC ECP. The blast knocked down local national guards and tower guards. The VBIED detonated on an Italian convoy and destroyed two armored vehicles and six local national vehicles. It resulted in seven Italian military killed in action (KIA), eight local nationals KIA, and 40 local nationals wounded. The debris from the VBIED, as well as the destroyed Italian vehicles, turned into projectiles that covered NKC from ECP 1 to ECP 3. The shrapnel varied in size and were as large as softballs. b. The applicant was located at an M1151 (Enhanced Armament Carrier) 30 meters from ECP 1 and was dropped to his knees from the initial blast. SGT P was located in the line of sight of the applicant. Following the blast, SGT P took cover in the administration building and notified the BDOC of what occurred. He then left the building to ensure civilians and nonessential military personnel were moving towards hard buildings. c. The applicant took cover behind the M1151 and initiated the movement of the QRF to reinforce the ECPs. Specialist (SPC) J was located in the turret of the M1151 and the applicant made his way to ECP 1 to verify the ECP was intact and there were no casualties. On movement to ECP 1, small arms fire was reported to the BDOC. All initial movement by friendly forces was conducted while shrapnel and debris continued to fall. The QRF secured all primary positions within 1 minute of the blast and all secondary positions within 4 minutes by off-duty QRF personnel. The Weapons Intelligence Team determined the VBIED contained 880 pounds of homemade explosives (HME). 8. The request included sworn statements from two other Soldiers assigned to A Company, 2nd Battalion, 151st Infantry Regiment. In a DA Form 2823, dated: a. 18 September 2009, SFC KI, serving in MOS 11B, stated, in part, that, on 17 September 2009, while serving in the BDOC, NKC, he heard a loud explosion. At that time, he initiated the NKC Battle Drill to VBIED at an ECP. As the Battle, NCOIC, he instructed SGT P to put on his protective gear and to go outside and inform the tenants to get to into hard buildings and report. The rest of the BDOC personnel, SFC T, SPC B, and [The Applicant] reported to the building within the next 10 minutes to assist in BDOC operations. The report came in that the explosion was about 150 meters north of ECP 1, was a suspected SVBIED, and to keep people inside. As the time progressed, Staff Sergeant (SSG) S and 2nd Platoon had the compound locked down and was reinforcing the outer perimeters until the all clear was given. There were no reports of any injuries or damage to the compound. b. 13 May 2014, SPC J, serving in MOS 31B (Military Police), stated, in part, on 17 September 2009, he was positioned as a gunner on an M1151 about 30 meters from ECP 1, NKC. He noticed the applicant approach his vehicle from the rear and SGT P was also in the area. He heard a loud explosion and fell into the truck. He remembered the applicant calling his name to make sure he was alright. He remembered there was shrapnel the size of his hand falling on top of the truck and hearing small arms fire outside ECP 1. Eventually the BDOC informed the QRF that an SVBIED had detonated roughly 120 meters outside ECP 1 along Route White. 9. A review of the records of SFC KI and SPC J shows neither Soldier was awarded the Combat Infantryman Badge or Combat Action Badge for actions on 17 September 2009. 10. In a memorandum to the Commander, 138th CAR, dated 25 November 2014, the Chief, Awards and Decorations Branch, HRC denied the unit's request for award of the Combat Infantryman Badge to the applicant and stated, in part, the Combat Infantryman Badge criteria required the recipient to be personally present and under fire while serving in a qualifying infantry position while the unit is actively engaged in ground combat with the enemy. There was insufficient evidence to support that the applicant met the criteria for the events on 17 September 2009. However, he had the right to appeal to the ABCMR. 11. The applicant provides one page of ABCMR Docket Number AR20140011505, dated 31 July 2014. In this case, the applicant requested award of the Combat Infantryman Badge and stated, in part: a. He had been engaged with IED, VBIEDs, and small arms contact while serving in Iraq from 16 October 2006 to 13 January 2008 and assigned to the 2nd Battalion, 5th Cavalry Regiment. On 6 August 2013, HRC disapproved his request and stated that while the applicant had been engaged by direct fire weapons, his unit had not engaged in active ground combat, and the sworn statements he submitted contained conflicting dates and injuries. b. In one sworn statement, his battalion commander confirmed the applicant did engage the enemy, was within the bursting radius of IEDs, and was in imminent danger; he also cited engagements that occurred on 10 December 2006 and 28 May 2007. In another sworn statement, his platoon sergeant confirmed the 10 December 2006 engagement and provided a list of members on that patrol, which included the applicant. c. A search of records of the names provided by the platoon sergeant indicated that at least seven of the members of the patrol received either the Combat Infantryman Badge or the Combat Medical Badge for the 10 December 2006 engagement. d. The Board granted the applicant's request based on the fact that his battalion commander confirmed he had engaged the enemy and the fact that members of his patrol received the Combat Infantryman Badge and Combat Medical Badge, it was reasonable to presume the applicant should have been awarded the Combat Infantryman Badge. 12. Army Regulation 600-8-22 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 (SF) specialty/MOS 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. 13. Army Regulation 600-8-22 also states that 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. 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 in 2009 are not in question. However, there is no evidence and he did not submit sufficient 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 may have been assigned to NKC when an SVBIED detonated on 17 September 2009, the evidence he provided shows this explosion occurred about 100 meters north of ECP 1 and was targeted at an Italian convoy. Although the area he was in may have been sprayed with debris from the explosion, the evidence of record shows he was an additional 30 meters from ECP 1. While he may have helped secure the perimeter of NKC, the evidence he provided did not show that he or any member of his platoon was fired upon by enemy forces or that they fired their weapons upon enemy forces on that date. 4. Unlike the applicant's case, in the ABCMR ROP the applicant provided, that applicant provided evidence that confirmed he and members of his unit had actively engaged the enemy while on patrol and that he did meet the criteria for award of Combat Infantryman Badge. 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) AR20150004925 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004925 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1