ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  28 March 2019

	DOCKET NUMBER:  AR20190002609


APPLICANT REQUESTS:  the Combat Action Badge (CAB) to be changed to the Combat Infantryman Badge (CIB) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 June 2008.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 1059 (Service School Academic Evaluation Report), dated 20 January 2007
* Orders 057-475, dated 26 February 2007
* Permanent Orders 029-056, dated 29 January 2008
* Orders 161-1126, dated 9 June 2008
* DD Form 214 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states on 20 January 2007 he completed the Infantryman Military Occupational Specialty (MOS) Qualification Course.  After graduation he was assigned to B Company, 1st Battalion,160th Infantry, which deployed to Iraq from 3 March 2007 –6 June 2008 (sic) in support of Operation Iraqi Freedom.  During his deployment, he was awarded the CAB for actions involving a roadside bombing which occurred while conducting convoy security operations.  Per Army Regulation 600 8 22 (Military Awards) paragraph 8-6(a), the award that he should have received is the CIB because the duties he performed and the MOS that he held was Infantryman (11B).  Per Army regulation, he was improperly awarded the CAB and should have received the CIB.

3.  On 27 September 2002, the applicant enlisted in the U.S. Army Reserve.  On 23 May 2003, he completed initial entry training and was awarded MOS 54B (Chemical Operations Specialist).  
4.  On 26 July 2006, the applicant enlisted in the California Army National Guard (CAARNG).  His enlistment records show he acknowledged he understood he would undergo training in MOS 74D (Chemical, Biological, Radiological, and Nuclear Specialist).  

5.  A DA Form 1059, dated 20 January 2007, shows the applicant completed the Infantryman MOS Qualification Course at Camp Shelby, MS.  

6.  On 25 February 2007, he was released from a CAARNG artillery unit and transferred to an automatic rifleman duty position with Company B, 1st Battalion, 160th Infantry, effective 14 February 2007. 

6.  He provided Orders 057-475, which ordered him to active duty with the 1st Battalion, 160th Infantry, in support of Operation Iraqi Freedom effective 3 March 2007.  Page two of the Orders show his MOS was 74D.  

7.  From 3 March 2007 to 6 June 2008, he served on active duty with Company B, 1st Battalion, 160th Infantry.  His DD Form 214 for this period shows in 

* Item 11 (Primary Specialty) – 74D
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – CAB
* Item 18 (Remarks) – service in Iraq from 16 June 2007 to 16 May 2008  

8.  1st Theater Sustainment Command (Theater) Permanent Orders 029-56, dated 29 January 2008, show he was awarded the CAB for actively engaging or being engaged by the enemy on 11 September 2007.  The orders show he was assigned to Delta Company, 1st Battalion, 160th Infantry.

9.  CAARNG Orders 161-1126, dated 9 June 2008 awarded him primary MOS 11B effective 9 June 2008.  The orders show his secondary MOS was 74D.

10.  CAARNG Orders 212-1167, dated 30 July 2008, show he was released from his automatic rifleman position with the 1st Battalion, 160th Infantry, and transferred to a CAARNG artillery unit to serve in duty MOS 74D effective the date of the orders.

11.  Army Regulation 600-8-22 (Military Awards) provides the criteria for the CIB.  To be eligible for the CIB on or after 18 September 2001:

     a.  A Soldier must be an Army infantry or Special Forces (SF) officer (specialty skill identifier 11 or 18) in the grade of colonel/O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry or SF MOS, who has 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, to close with and destroy the enemy with direct fires.
     b.  A Soldier must be personally present and under fire while serving in an assigned infantry or SF primary duty, in a unit engaged in active ground combat to close with and destroy the enemy with direct fires. Improvised explosive devices (IEDs), vehicle-borne IEDs, 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 CIB.

12.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief.  The applicant’s contentions were carefully considered.  The applicant attended 11B MOS training prior to deployment; however, he did not receive orders showing his MOS changed to 11B until after he redeployed.  While deployed, the applicant served as an Infantryman while his MOS was shown as a 74D on a date in which he received a CAB.  The Board agreed there was an injustice when he was awarded the CAB when he would have been awarded the CIB if the 11B MOS was awarded at the completion of MOS training.  Based upon the preponderance of evidence, the Board agreed to award the applicant the CIB.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending PO 029-56, issued by Headquarters, 1st Theater Sustainment Command (Theater) on 29 January 2008, to show he was awarding the Combat Infantryman Badge for actively engaging or being engaged by the enemy on 11 September 2007.  

	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 provides the criteria for the CIB.  To be eligible for the CIB on or after 18 September 2001:

     a.  A Soldier must be an Army infantry or SF officer (specialty skill identifier 11 or 18) in the grade of colonel/O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry or SF MOS, who has 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, to close with and destroy the enemy with direct fires.

     b.  A Soldier must be personally present and under fire while serving in an assigned infantry or SF primary duty, in a unit engaged in active ground combat to close with and destroy the enemy with direct fires. IEDs, vehicle-borne IEDs, 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 CIB.

3.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190002609
0

2


1