IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000549 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000549 BOARD DETERMINATION/RECOMMENDATION: 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. __________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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000549 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 reconsideration of his previous request to award him the Combat Infantryman Badge (CIB). 2. The applicant states, in effect, he served in Iraq as an indirect fire infantryman. Several times he was under fire from the enemy and returned fire. While on a convoy, he was hit by an improvised explosive device (IED) ambush and was under fire from mortars and direct fire while on patrol. He believes he was overlooked for award of the badge due to the large volume of paperwork. 3. The applicant provides: * Page 2 of his Department of Veterans Affairs (VA) rating decision * 2 pages of information pertaining to the qualifications for award of the CIB * Privacy Release and Constituent Information Form * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120022171 on 27 June 2013. 2. The applicant provides a document from the VA and correspondence to a U.S. Senator, which was not previously reviewed by the ABCMR. Therefore, it is considered new evidence and warrants consideration by the Board. 3. The applicant enlisted in the Regular Army on 5 September 2007. Evidence shows he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). 4. He was honorably released from active duty on 12 August 2010 after completing 2 years, 11 months, and 8 days of net active service during this period. The DD Form 214 he was issued does not include the CIB in the list of earned awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized). 5. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Iraq from 9 March 2008 to 14 March 2009. The applicant authenticated his DD Form 214 acknowledging the information contained on the document, to include the absence of the CIB, was correct. 6. Section VII (Awards and Decorations) of his Enlisted Records Brief, dated 19 May 2012, does not show the CIB. Section IX (Assignment Information) shows on 9 March 2008, he was assigned in Iraq with Troop C, 10th Armored Cavalry Regiment as an assistant gunner performing duties in MOS 11C. 7. The applicant's official military personnel file is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB during his active duty service. 8. The applicant previously provided a self-authored statement describing two incidents that occurred in Iraq in which he claimed: a. In May or June 2008, while serving as an infantryman in the 4th Infantry Division in Baghdad, his unit was engaged by a missile that flew no more than 8 feet above their heads. They were prepared to engage the enemy but did not because they did not have the proper location. They fully performed their job to the extent they could after being fired upon. b. A short time later, while rolling out for a patrol an explosion occurred in a close proximity to the lead vehicle. The vehicle did not receive any damage. They cordoned off the area and searched for secondary devices, but found no signs of any. 9. The applicant provides: a. A document from the VA which notes he was awarded a disability rating for post-traumatic stress disorder with depressive disorder. b. A Privacy Release and Constituent Information Form in which he requested assistance from a U.S. Senator. In his request he stated, in effect, that he had seen multiple IEDs explode including a car bomb that exploded in front of him while he was in the gunners hatch. The force of the explosion threw him to the back of the hatch which resulted in injuries to his back, neck and head. He claims to have fired his weapon at the enemy and returned 120 mm mortar indirect fire while Forward Operating Base Falcon was attacked. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, 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. Specific requirements state, in effect, 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. 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. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. There is no evidence in the available records that indicates the applicant was personally actively engaged in ground combat with the enemy to close with and destroy the enemy with direct fires and there is no evidence in his record that indicates he was recommended for or awarded the CIB during his active duty service. 2. To qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. In this case, there are no orders on file and he provides none to show he was awarded the CIB. His infantry MOS and his service in Iraq are not in question. However, the evidence of record does not show he served in active ground combat during this period of service. Simply being assigned to an imminent danger area such as Iraq and being fired upon does not qualify one for award of the CIB. Other than his personal statements, there is no official documentary evidence which conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat. 4. While it appears the applicant may have been engaged by the enemy, it is unclear whether the applicant actively engaged in ground combat with the enemy to close with and destroy the enemy with direct fires. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000549 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000549 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2