IN THE CASE OF: BOARD DATE: 23 July 2021 DOCKET NUMBER: AR20210006847 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) * Letter, dated 26 July 2020 * Memorandum, dated 8 July 2020 * Memorandum, dated 20 May 2020 * 2 DA Forms 4187 (Personnel Action) * Narrative * 3 DA Forms 2823 (Sworn Statement) * Orders 063-028, dated 4 March 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Enlisted Record Brief * Permanent Orders 030-066, dated 30 January 2012 * Map * Significant Activities (SIGACT) Report FACTS: 1. The applicant states, in effect, he was in the immediate area of engagement and under direct enemy fire while serving as an infantryman. As the unit was actively engaged, the applicant engaged enemy forces as an M240B machine gunner. He secured his sector of fire when the command was given to maneuver onto the enemy location. He was actively involved in ground combat by ensuring his sector of fire was secured, enabling friendly forces to maneuver under machine gun cover. 2. Review of the applicant's military records shows: a. He entered active duty as a member of the Army National Guard on 26 March 2011. He held military occupational specialty (MOS) 11B (Infantryman). b. He served in Afghanistan from 20 June 2011 to 21 March 2012. He was assigned to Company A, 1st Battalion, 182nd Infantry Regiment. c. He was honorably released from active duty on 6 May 2012. His DD Form 214 does not show the CIB. It shows he was awarded or authorized: * Afghanistan Campaign Medal with 3 campaign stars * Iraq Campaign Medal with 2 campaign stars * Army Commendation Medal * Army Achievement Medal * Navy Marine Combat Action Ribbon * U.S. Navy Unit Commendation * Army Good Conduct Medal * U.S. Marine Corps Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Armed Forces Reserve Medal with M Device * U.S. Navy Sea Service Deployment Ribbon (3rd Award) * North Atlantic Treaty Organization Medal 3. On 9 May 2020, his immediate commander requested award of the CIB. The DA Form 4187 states, in effect, on 8 July 2011, the last vehicle of the applicant's convoy was hit by a rocket propelled grenade (RPG). The narrative states, in effect, the applicant was the gunner of the lead vehicle of a six vehicle patrol when it was ambushed by enemy forces and engaged by direct enemy fire. A RPG exploded within 15 meters of his vehicle. As they were receiving small arms fire, the applicant secured his sector of fire with the M240B machine gun. 4. On 8 July 2020, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command (AHRC), disapproved the applicant's request for award of the CIB. The Chief stated, "In accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-6f (1), a Soldier must be personally present and under fire while serving in an assigned infantry or Special Forces (SF) primary duty, in a unit engaged in active ground combat to close with and destroy the enemy with direct fires." 5. The applicant provides: a. A letter dated 26 July 2020, from a retired general officer who opines, the enemy's actions were significant enough to noticeably damage an armored vehicle with a RPG and small arms fire. The applicant engaged the enemy by securing, communicating, and emplacing his machine gun in an offensive posture suppressing the enemy fire and causing them to break contact. b. A sworn statement from Sergeant (SGT) Y____ dated 23 November 2011, who states, in effect, on 8 July 2011, he was the truck commander in the first truck with the applicant. [The applicant] stated a RPG had struck the convoy and shortly after, they received small arms fire. They drove 200 meters out of the kill zone at which time SGT Y____ dismounted, communicated with the other vehicles in the convoy, and formed a herringbone formation. He yelled to the applicant not to let any civilians into the area. After the dismount team completed their search, the convoy travelled back to base. c. A sworn statement from Specialist (SPC) J_____ dated 23 November 2011, who states, in effect, he was the driver of the vehicle the applicant was in when a RPG hit a vehicle in their convoy. [The applicant] yelled, "we are taking contact right!" At this moment, SGT Y____ ordered him to drive ahead 200 meters. He dismounted and directed the vehicles into a herringbone position while telling the applicant to ensure no civilians entered the area. Once everyone was back to their trucks, the convoy travelled with no further incident. d. A sworn statement from the applicant dated 23 November 2011, who states, in effect, he was the gunner of the lead vehicle of a six vehicle convoy when he heard the distinct sound of a RPG in flight followed by a flash and explosion in the vicinity of the convoy. As the trucks were reporting up on equipment and possible casualties, he heard from his gunners hatch a 2-3 second round burst of effective machine gun fire 200 meters to the right of the convoy. Immediately following the attack, he began to scan his sector of fire which was the front of the convoy for possible hostile targets. He did not want to orient his M240B machine gun to the 3 o'clock position where the machine gun fire originated because it was not his sector of fire and if a target presented itself at his 12 o'clock, he wanted to be ready to engage it. While scanning his sector, their TC gave the command to the driver SPC J_____ to pull forward 200 meters out of the kill zone. At this moment he was ordered by the TC to stop any vehicles or locals from passing through the front of the convoy and into the immediate area of engagement. The TC dismounted to assess the damage, sweep the area for possible hostiles and to assist if any local civilians were wounded. The convoy then assumed a herringbone formation and he continued to secure his sector of fire in front of the convoy as need be. After the sweep, the search team did not encounter any hostiles or injured civilians, they returned to their respective vehicles and returned to base without further incident. e. DA Form 4187 requesting and permanent orders awarding the Combat Action Badge for an U.S. Air Force officer involved in the same incident. f. SIGACT Report and map indicating small arms fire and RPG were used by insurgents on the convoy. 6. By regulation, Army Regulation 600-8-22: a. For award of the CIB a Soldier must meet the following three requirements: (1) Be an infantry Soldier satisfactorily performing infantry duties. A Soldier must be an Army enlisted Soldier with an infantry or Special Forces MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. (2) Be assigned to an infantry unit during such time as the unit is engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or SF primary duty, in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. (3) Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. b. Applications for retroactive award to active duty Soldiers and Reserve Soldiers will be forwarded through command channels to the first general officer (for endorsement) to AHRC for processing. Retirees and veterans should address their applications to AHRC, Army Decorations Board for processing. All other criteria must be met. Requests for retroactive award of the CIB will not be made except where evidence of injustice is presented. Requests submitted must include justification explaining why the CIB was not awarded in theater. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the available documentation, the Board agreed with the previous HRC decision that the applicant did not engage in active ground combat. Therefore, the applicant is not qualified for awarding the CIB. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. 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: 1. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. a. For award of the CIB a Soldier must meet the following three requirements: (1) Be an infantry Soldier satisfactorily performing infantry duties. A Soldier must be an Army infantry or SF officer (Career Management Field or Area of Concentration 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, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. (2) Be assigned to an infantry unit during such time as the unit is engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or SF primary duty, in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. Battle or Campaign Participation Credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. (3) Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. b. 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. It is not awarded for battle participation credit. c. Wartime awards approval authority. When delegated wartime awards approval authority by the Secretary of the Army (or his or her designee), the following authorities apply: (1) Brigade commander level for Soldiers assigned to, attached to, or under the operational control of brigade-level or smaller units. (2) The first general officer in the chain of command for Soldiers assigned to units at echelons above brigade. (3) The next higher general officer in the chain for award to a general officer. (4) Authority to award the CIB is also delegated to regional medical center commanders receiving casualties directly from the wartime theater. Medical center commanders must ensure the Soldier meets the requirements in paragraph 8–6b. Award of the CIB is not automatic and will not be awarded solely based on award of the Purple Heart. (5) When no authority applies or has not been delegated, recommendations will be submitted through command channels to the AHRC, Army Decorations Board, for processing. d. Retroactive award processing for the CIB. Retroactive award of the CIB is authorized for time periods specified for fully qualified individuals. (1) The wartime command retains wartime awards approval authority for 12 months after redeployment, and can approve award of the CIB for Soldiers who deployed with their command, and qualified for, but did not receive the CIB during the deployment. (2) Soldiers redeployed more than 12 months or reassigned to a command other than their wartime command and qualified for the CIB while deployed may request award through command channels to Commander, AHRC, 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. Applications for retroactive award to active duty Soldiers and Reserve Component Soldiers will be forwarded through command channels to the first general officer (for endorsement) to AHRC for processing. The first general officer in the chain of command of the Soldier recommended for award of the CIB may disapprove the recommendation. Retirees and veterans should address their applications to AHRC, Army Decorations Board for processing. The DA Form 4187 with endorsement by the first general officer is not required. All other criteria must be met. Requests for retroactive award of the CIB will not be made except where evidence of injustice is presented. Requests submitted must include justification explaining why the CIB was not awarded in theater. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006847 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1