ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 May 2019 DOCKET NUMBER: AR20170012661 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4187 (Personnel Action) requesting award of the CIB with documents submitted in support of the request * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Memorandum, U.S. Army Human Resources Command (HRC), dated 8 June 2017 FACTS: 1. The applicant states: * HRC incorrectly identified the circumstances of 1 June 2012 as indirect fire * he was under direct fire from small arms, rocket-propelled grenades, and mortars * he has enclosed records of the battlefield damage to his perimeter and his Soldiers engaging in small arms fire with the enemy * this engagement resulted in two Combat Medical Badges being awarded, as well as one CIB and one Combat Action Badge 2. On 3 February 2012, the applicant entered active duty in support of Operation Enduring Freedom. He was assigned to Company D, 1st Battalion, 143rd Infantry, and he held primary military occupational specialty 11B (Infantryman). He served in Afghanistan from 3 March 2012 to 10 November 2012. 3. He submitted numerous sworn statements that show: * the applicant worked in the tactical operations center * the witnesses attested to the explosion on 1 June 2012 at FOB Salerno, Afghanistan * the applicant and members of the143rd Infantry helped secure the perimeter * the sector was breached and they started taking and returning fire * * the witnesses provided watch for the sweep team * the applicant pulled security detail for the mission essential vulnerable area 4. In a memorandum for record dated 8 October 2012, the Commander, Provincial Reconstruction Team Khost, Afghanistan, stated he had conducted an awards review board to review the incident on 1 June 2012, and the board concluded there was evidence to support a recommendation for award of the CIB to several Soldiers, including the applicant. There is no evidence showing a CIB approval authority took action on the request in theater. 5. On 12 February 2013, he was released from active duty and returned to the control of the Army National Guard. He later enlisted in the U.S. Army Reserve (USAR). 6. On 19 February 2017, the company commander of the applicant's USAR unit submitted a request for award of the CIB to the applicant for action on 1 June 2012 at Forward Operating Base (FOB) Salerno, Afghanistan. The request describes the circumstances as follows: On 1 June 2012, FOB Salerno, Afghanistan was assaulted by Taliban insurgents. A 2,500 [pound (estimated) vehicle-borne improvised explosive device] was utilized to breach the FOB perimeter and allowed insurgents to gain access to the post. A firefight ensued to repel the assailing force. There were barrages of indirect mortar and rocket fire along with [a rocket-propelled grenade] round landing within 30 meters of [applicant's] position. [The applicant's] position was then attacked by direct small arms fire from two insurgents that were identified and returned fire from members of [applicant's] platoon who had a vantage point and positive [identification]. The request noted that two Combat Medical Badge requests were approved in theater and one CIB and one Combat Action Badge were awarded for the incident. The remaining requests were lost and never forwarded to HRC. 7. On 8 June 2017, the Chief, Soldier Programs and Services Division, HRC, notified the applicant's USAR command that award of the CIB was disapproved on the basis that the incident on 1 June 2012 did not meet the basic requirement for award of the CIB. HRC noted the narrative and eyewitness statements provided did not indicate the applicant actively engaged the enemy. Although the statements confirmed they received indirect fire from the enemy, that alone did not qualify him for the CIB. HRC advised his command of his right to apply to the Army Board for Correction of Military Records. 8. Army Regulation 600-8-22 (Military Awards) states that for award of the CIB a Soldier must meet the following three requirements: * Be an infantry Soldier satisfactorily performing infantry duties * * Be assigned to an infantry unit during such time as the unit is engaged in active ground combat * Actively participate in such ground combat The definition of requirement to be "engaged in active ground combat" has generated much dialogue over the years as to the original intent of the CIB. The intent has been clarified over time as being personally present, under fire, and engaging in action against the enemy in ground forces combat. The CIB is not awarded for battle participation credit. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the HRC finding in 2017, and the only new evidence submitted was an uncorroborated statement by the applicant, the Board determined there was insufficient evidence to show that the applicant actively participated in combat with the enemy. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 1535874 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. REFERENCES: Army Regulation 600-8-22 (Military Awards) states that for award of the CIB a Soldier must meet the following three requirements: * Be an infantry Soldier satisfactorily performing infantry duties * Be assigned to an infantry unit during such time as the unit is engaged in active ground combat * Actively participate in such ground combat The definition of requirement to be "engaged in active ground combat" has generated much dialogue over the years as to the original intent of the CIB. The intent has been clarified over time as being personally present, under fire, and engaging in action against the enemy in ground forces combat. The CIB is not awarded for battle participation credit.