IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20170002818 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: 19 December 2017 DOCKET NUMBER: AR20170002818 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: 19 December 2017 DOCKET NUMBER: AR20170002818 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: a. A request for award of the CIB was submitted on his behalf in 2009 for an incident that occurred while deployed in support of Operation Iraqi Freedom in 2008. He was assigned as the Commander, Company C, 1st Battalion, 125th Infantry Regiment during this deployment. b. Company C was actively engaged in ground combat missions during this deployment to Ramadi, Iraq. The company's primary mission was to conduct partnered combat patrols in Ramadi, Iraq with the Iraqi police. Company C was stationed at the Al Anbar Province Provincial Government Center for the duration of the deployment. During the deployment, Company C conducted approximately 425 dismounted and mounted combat patrols as an Infantry Company, assigned to an Infantry mission. c. The request for award of the CIB was denied by the Army Human Resources Command (HRC) in 2010. Justification for the denial was that there was no evidence to indicate that his unit was engaged in active ground combat to close with and destroy the enemy with direct fires during this deployment. He believes the denial is unjustified and was made in error. There is no dispute that he came under fire on 5 June 2008. On this date he established a hasty mounted patrol, commonly called a Quick Reaction Force in order to prepare for an attack. During this hasty mission he dismounted to gain intelligence and received direct fire. He is a qualified 11A Infantry Officer who was performing an infantry mission of engaging in active ground combat to close with and destroy the enemy with direct fires during Operation Iraqi Freedom. d. 1st Battalion, 125th Infantry Regiment Soldiers were awarded the CIB in 2008 on Camp Ramadi, Iraq for receiving indirect fire, as well as, direct fire. As part of the unit that engaged in active ground combat to close with and destroy the enemy with direct fires, he does not understand how HRC would deny the award of the CIB requested on his behalf with an explanation that, "there is no evidence that indicates that the unit engaged in active ground combat to close with and destroy the enemy with direct fires." e. He did not appeal the decision within one year as required by regulation because he was not aware that a process existed which would allow him to appeal the HRC decision. He recently discovered that an appeal process did in fact exist; however, he is no longer able to appeal the decision to the approval authority because the one year period had expired. He believes he meets the criteria for award of this badge because he was directly engaged by small arms fire while deployed as a member of an infantry company engaged in ground combat missions in support of Operation Iraqi Freedom. 3. The applicant provides: * self-authored statement subject: CIB Denial * memorandum subject: Award of the CIB * combat badge quality checklist * DA Form 4187 (Personnel Action) * DA Form 4187-1-R (Personnel Action Form Addendum) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders 334-800 * Permanent Orders 086-2 * Narrative to Accompany the Award of the CIB * DA Form 2-1 (Personnel Qualification Record) * 3 DA Forms 2823 (Sworn Statement) CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant is currently an infantry officer serving in the rank/grade of major/O-4 in the Michigan Army National Guard. 3. His record contains a DD Form 214 which shows he served in a designated imminent danger pay area in Iraq for the period 28 March to 16 December 2008. 4. There are no orders in his available records showing he was awarded the CIB. In addition, there is no evidence of record showing he personally engaged in active ground combat while serving in Iraq. 5. The applicant provides a Narrative to Accompany the Award of the CIB in which it states, in effect, the applicant and three other Soldiers were engaged by small arms fire on 5 June 2008, when a single round struck 1-2 meters from their location which caused them to take cover. None of the Soldiers were injured and fire was not returned. The applicant also provided a DA Form 2823 in which he stated the round struck a 3 foot jersey barrier 1-2 meters from him and 1LT S____. They took cover and did not return fire. REFERENCES: Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB 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/military occupational 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. DISCUSSION: 1. The applicant's request for award of the CIB was carefully considered. However, there is no evidence in the available records that indicates he personally actively engaged in ground combat with the enemy to close with and destroy the enemy with direct fires. 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. 3. The available evidence shows the applicant was an infantryman assigned to an infantry unit of brigade, regimental, or smaller size during his tour in Iraq. 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. 4. The evidence of record provided by the applicant clearly states the applicant and three other Soldiers were engaged by small arms fire when a single round struck 1-2 meters from their location causing them to take cover. None of the Soldiers, to include the applicant, returned fire. While it is clear the applicant was engaged by the enemy, it is equally clear the applicant, in this instance, did not actively engage in ground combat with the enemy to close with and destroy the enemy with direct fires. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002818 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002818 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2