BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110017800 


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 (CIB).

2.  The applicant states he was involved in an improvised explosive device (IED) attack while in Iraq.  He contends the paperwork for his award of the CIB was still being processed when his unit left Iraq.  Two years have passed and he has not heard anything more about his CIB.

3.  The applicant provides a copy of his DA Form 2823 (Sworn Statement), dated 26 April 2009.

CONSIDERATION OF EVIDENCE:

1.  On 16 August 2008, the applicant, a California Army National Guard (CAARNG) Soldier in the rank/grade of specialist (SPC)/E-4, was ordered to active duty in support of Operation Iraqi Freedom (OIF).

2.  Having completed his required active service, on 3 October 2009, the applicant was honorably released from active duty and transferred to the control of the CAARNG.  The DD Form 214 he was issued at the time shows in:

	a.  Item 8a (Last Duty Assignment and Major Command) the entry Company B (-), 1st Battalion, 185th Armored Battalion, Forces Command;

	b.  Item 11 (Primary Specialty) the entry 11B1O Infantryman; and

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the no entry for the CIB.

3.  National Guard Bureau (NGB) Form 22E (Report of Separation and Record of Service) for the period ending 23 September 2010, shows:

	a.  the applicant completed his active Guard commitment and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation; and

	b.  his awards listed on the form do not include the CIB.

4.  The applicant's sworn statement, dated 26 April 2009, shows he was assigned to the Company B, 1st/185th Combined Arms Battalion (CAB), while stationed in Iraq.  He essentially states he was in the second military vehicle of a convoy in Iraq when the first vehicle, that was about 100 meters ahead, struck an IED.  After the explosion, the applicant's vehicle moved ahead about 500 meters where he and the other Soldiers in the vehicle established security and performed self-checks and function checks of sensitive items.  They remained on site until the explosive ordnance disposal team completed a search of the immediate area for secondary IEDs and performed a crater analysis.  They were then cleared to continue their convoy mission.  The sworn statement was witnessed by two members of his unit and sworn to by his unit commander on 15 July 2009.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  It states that there are basically three requirements for award of the CIB:

	a.  the Soldier must be an infantryman satisfactorily performing infantry duties,

	b.  he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and

	c.  he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the CIB based on his involvement in an IED attack in Iraq.



2.  The evidence clearly shows the applicant was awarded an infantryman MOS. However, there is no evidence to show he was in an infantry unit engaged in active ground combat.  There is also no evidence he was recommended for award of the CIB by his chain of command.

3.  The applicant's statement clearly shows he was in a vehicle convoy involved with establishing security in an area where another Soldier's vehicle was struck by an IED.  However, the circumstances described in the statement do not clearly support he had engaged in active ground combat with the enemy in such a way as to qualify for award of the CIB.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20110017800



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ABCMR Record of Proceedings (cont)                                         AR20110017800



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