ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2021 DOCKET NUMBER: AR20210006919 APPLICANT REQUESTS: retroactive award of the Combat Infantryman Badge (CIB.) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Commander's Assessment, 8 July 2011 * Significant Action Report, 8 July 2011 * DA Form 4187 (Personnel Action), 30 January 2012 * Headquarters, Combined Joint Task Force 1, Permanent Orders 030-066, 30 January 2012 * Joint Force Headquarters, RI National Guard, Memorandum (Award of the CIB), 20 May 2020, with supporting documents * U.S. Army Human Resources Command (HRC) Memorandum (Request for Award of the CIB for (Applicant)), 8 July 2020 * Recommendation Letter, 26 July 2020 FACTS: 1. The applicant states he served in support of Operation Enduring Freedom and has met the criteria for award of the CIB. On 8 July 2011, he was in the immediate area of engagement and under direct enemy fire while serving as an infantryman. At the time his unit became actively engaged by enemy forces, his role was that of an M240B machine gunner. During the engagement, he secured his sector of fire, upon which the command was given for Soldiers to then maneuver to the enemy location. He became actively involved in ground combat by ensuring his sector of fire was secured and enabling friendly forces to maneuver under machine gun cover. 2. On 17 March 2011, the applicant was serving as a member of the Rhode Island Army National Guard in the rank/grade of specialist/E-4 assigned to Company A, 1st Battalion, 182d Infantry Regiment. 3. Joint Force Headquarters, Rhode Island National Guard, Orders 076-039, 17 March 2011, ordered him to active duty as a member of his Reserve Component unit effective 26 March 2011 in support of Operation Enduring Freedom for a period not to exceed 400 days effective 26 March 2011. 4. Camp Atterbury Orders CA-167-0055, 16 June 2011, deployed him in a temporary change of station status as shown: * assigned to – Company A, 1st Battalion, 182d Infantry Brigade Combat Team * purpose – deployment in support of Operation Enduring Freedom, Afghanistan * number of days – not to exceed 314 days * will proceed on or about – 20 June 2011 5. Joint Force Headquarters, Rhode Island National Guard, Orders 168-011, 17 June 2011, directed the following military occupational skill (MOS) actions pertaining to the applicant: * primary MOS awarded –11B1P (Infantryman – Parachutist) * secondary MOS awarded – 92Y1O (Unit Supply Specialist) * primary MOS withdrawn – 92Y1P (Unit Supply Specialist – Parachutist) * effective date – 18 December 2010 6. The Commander's Assessment, dated 8 July 2011, shows that while traveling from Bagram Air Base in Afghanistan, a convoy received small arms fire and a rocket- propelled grenade attack. The convoy made a security halt to conduct a battle damage assessment; they noted no injuries or serious damage to their vehicles. A dismounted patrol cordoned the site to confirm their impression. They checked for civilian casualties and finding none, departed the site. The report noted possible harassing fire or test to ascertain battle drill and minor shrapnel damage to vehicle. 7. The DA Form 4187 (Personnel Action), 30 January 2012, shows Lieutenant , a member of the U.S. Air Force, was awarded the Combat Action Badge (CAB) for being personally present under direct fire engagements as described in the Commander's Assessment that occurred on 8 July 2011, while traveling from Bagram Air Base, Afghanistan. 8. Headquarters, Combined Joint Task Force 1, Permanent Orders 030-066, awarded Lieutenant the CAB on 30 January 2012 for service on 8 July 2011. 9. On 6 May 2012, he was honorably released from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 1 year, 1 month, and 11 days of net active service during this period, including 9 months and 2 days of foreign service in Afghanistan. He was awarded or authorized the: * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal with two campaign stars * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Armed Forces Reserve Medal with "M" Device * North Atlantic Treaty Organization Medal * Parachutist Badge * Canadian Parachutist Badge 10. On 20 May 2020, the Rhode Island National Guard Assistant Adjutant General – Army, submitted a recommendation to retroactively award the CIB to the applicant for a combat incident that occurred on 8 July 2011 while he was deployed to Afghanistan. a. The recommendation packet included three sworn statements, December 2011, wherein the applicant and two other Soldiers stated they were personally present under direct fire engagements on 8 July 2011 at 1900 hours when a rocket-propelled grenade struck the last vehicle in their convoy. The applicant was serving as gunner and traveling in the fourth vehicle when he heard the explosion. The convoy also received small arms fire so they conducted offensive actions, cleared the area, and set up a security halt to sweep the area. The convoy returned to the blast site, checked for casualties, scanned their sectors of fire for positive identification of the enemy, and proceeded on their mission. b. The applicant's Enlisted Record Brief shows he was assigned to Company A, 1st Battalion, 182d Infantry Regiment, during the period 1 October 2010 through 10 August 2015, serving in duty MOS 11B1O. 11. On 8 July 2020, HRC denied the request for award of the CIB to the applicant for service in support of Operation Enduring Freedom. The Awards and Decorations Branch Chief stated a Soldier must be personally present and under fire while serving in an assigned infantry duty in a unit engaged in active ground combat to close with and destroy the enemy and direct fires. The applicant was informed that if he believed this determination is unjust, he had the right to appeal to the Army Board for Correction of Military Records. 12. The letter from Brigadier General, Retired, 26 June 2020, states he reviewed the applicant's documentation and ascertained that he met the regulatory requirements to qualify for award of the CIB. The applicant engaged the enemy by way of securing, communicating, and emplacing his machine gun in an offensive posture, suppressing the enemy fire and causing the enemy to break contact. Additionally, the applicant included a memorandum showing another service member received a combat award for this exact engagement. He further stated the applicant satisfactorily performed his duties against the enemy and deserves to be recognized. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board also considered the sworn eyewitness statements attesting to the applicant’s participation when troops were in contact. Based upon a preponderance of the evidence, the Board determined there is sufficient evidence that shows the applicant met regulatory standards to be awarded 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 awarding him the CIB for engaging the enemy on 8 July 2011, and adding the badge to his DD Form 214 for the period ending 6 May 2012. 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) provides policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges, and tabs in recognition of accomplishments. a. Paragraph 8-6 states the CIB was designed to enhance morale and prestige and was intended as an inducement for individuals to join the infantry. There are three basic requirements for the award of the CIB. A Soldier must: 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; and actively participate in such ground combat. The term "engaged in active ground combat" has been clarified 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. The CIB has been authorized for qualified Soldiers serving in Afghanistan from 18 September 2001 through 31 December 2014, and from 1 January 2016 to a date to be determined. Improvised explosive devices and vehicle-borne improvised explosive devices 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. b. Paragraph 8-8 states the CAB was created to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. It is intended to serve as a companion to the CIB and Combat Medical Badge to recognize the greatly expanded role of non-infantry Soldiers in active, ground combat. The requirements for award of the CAB are branch and military occupational skill immaterial. Assignment to a combat arms unit is not required to qualify. However, it is not intended to recognize Soldiers who simply serve in a combat zone or imminent danger. It may be awarded to any Soldier personally present and under hostile fire while performing satisfactorily while in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. Soldier. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the CIB. For example, an infantryman (MOS 11B) assigned to corps staff is eligible for award of the CAB. However, an infantryman assigned to an infantry battalion is not eligible for award of the CAB. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006919 4 1