IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220009923 APPLICANT REQUESTS: reversal of the Awards and Decorations Branch, U.S. Army Human Resources Command, to deny him retroactive award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Combat Infantryman Badge award packet (9 pages): * DA Form 4187 (Personnel Action), Undated * DA Form 4187, 4 August 2015 * DA Form 2823 (Sworn Statement), Staff Sergeant 12 July 2015 * DA Form 2823, Captain 12 July 2015 * ERB, 10 January 2019 * Memorandum, 1st Battalion, 20th Special Forces Group (Airborne), Subject: Combat Infantryman Badge (Awards for Operation Detachment Alpha (ODA), 30 October 2018 * Memorandum, 1st Battalion, 20th Special Forces Group (Airborne), Subject: Reconsideration of Combat Infantryman Badge Award during Operation Inherent Resolve (OIR) 2015, 12 February 2020 * Memorandum, 1st Battalion, 20th Special Forces Group (Airborne), Subject: Reconsideration of Combat Infantryman Badge Award during OIR 2015, 16 March 2020 * Memorandum, 1st Battalion, 20th Special Forces Group (Airborne), Subject: Reconsideration of Combat Infantryman Badge Award during OIR 2015, 16 March 2020 * Memorandum for the Record, Headquarters, 20th Special Forces Group (Airborne), Subject: Missing Classified supporting documentation for ODA’s 2111 and 2116 Combat Infantryman Badge request during OIR 2015, 22 April 2020 * Letter, Office of the Inspector General to Joint Forces Headquarters Alabama National Guard, 14 September 2021 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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, in effect, his Command submitted Combat Infantryman Badge award Packets for members of Special Forces-ODA 2111 for actions taken during OIR deployment to Iraq in 2015. However, due to an administrative error, the packets were disapproved. Army Regulation (AR) 600-8-22 (Military Awards), effective 25 June 2015, authorized the Combat Infantryman Badge for actions during OIR after 15 June 2015 to a date to be determined. The combat engagement with ISIS fighters by SF-ODA 2111 referenced in the 2015 Combat Infantryman Badge awards packet occurred on 29 June 2015. AR 600-8-22, effective 5 March 2019, changed the eligibility date to 15 June 2014. Once the Command identified the error/injustice, they were supposed to resubmit the Combat Infantryman Badge packets and route them through Battalion, Group, and State Headquarters to the U.S. Army Human Resources Command (HRC) per State award policy. State G1 lost the award packets; however, they told him they had already submitted them. After calling HRC, he discovered his Command did not submit the award packets. His Command told a Major to initiate an Inspector General (IG) complaint. The IG response letter, dated 14 September 2021, is attached. 3. The applicant was enlisted in the Alabama Army National Guard (ALARNG) on 20 July 2007. He holds military occupational specialty 18B, Special Forces Weapons Sergeant. 4. He was ordered to active duty in support of OIR from 5 January 2015 to 31 October 2015 with Operation Detachment 2111, Company A, 1st Battalion, 20th Special Forces Group (Airborne). His DD 214 for this period shows he held MOS 18B, Special Forces Weapons Sergeant. 5. He provides a page 1 of a DA 4187 (Personnel Action), undated and unsigned and a DA 4187 (Personnel Action), dated 4 August 2015, which contains the same basic information as the unsigned and undated DA Form 4187. a. This form was submitted by Advance Operational Base (AOB) 2110 to Special Operations Joint Task Force-1 requesting award of the Combat Infantryman Badge for the applicant. Section IV (Remarks) recommends award of the Comat Infantryman Badge for the period 1 May 2015 to 1 September 2015 for being engaged by enemy indirect fire. It states the applicant was assigned to ODA 2111, the date of engagement was 29 June 2015, and location was Kisik Junction, Ninawa Province, Iraq. b. Commander, Brigadier General T, disapproved action on 3 October 2015 and commented “AR 600-8-22 / 25 June 2015 states the following. The CIB is authorized for award for the following qualifying wars, conflicts, and operations (OIR (15 June 2015 to a date to be determined)). Service Member (SM) did not meet the timeline for approval or based on supporting documentations; the level of ground combat/direct fire engagement with the enemy alone was not sufficient enough to support approval.” 6. Two DA Forms 2823 (Sworn Statement) from Staff Sergeant (SSG) P. and Captain (CPT) S., dated 12 July 2015 stating on 29 June 2015, they and members of ODA 2111 arrived at Kisik Junction a key defensive location along the Peshmerga forward line of troops (FLOT) and further state: a. SSG P. and other members of the ODA were conducting forward observer and indirect fire spotting advise and assist training with the Peshmerga. At the conclusion of the training the ODA and Peshmerga received indirect fire from the Islamic State of Iraq and the Levant (ISIL) along the (FLOT). Indirect fire rounds landed approximately 300 meters from members of the ODA. All ODA 2111 members immediately adjusted their defensive positions. ISIL fighters began engaging the Tactical Unmanned Aerial Surveillance (TUAS) System and Peshmerga and ODA positions with small arms fire (AK-47s and Pulemyot Kalashnikova Modernizirovannyi (PKMs)). The ODA identified possible Point of Origins and additional ISIL fighters assembling in the nearby villages of Asheq and Tashta. SSG placed the Lightweight Hand-held Mortar Ballistic Computer (LHMBC) into operation and served as the Fire Direction Center for two 60mm mortar teams operating in defense of the ODA. Upon computing shifts in fire on the ISIL mortar teams SSG also assisted in manning the 60mm mortars in effectively suppressing the enemy threat. b. CPT and SSSG were located at the Peshmerga defensive fighting position flying our TUAS system while the rest of the ODA conducted forward observer and indirect fire spotting advise and assist training with the Peshmerga forces. The ODA and Peshmerga received indirect fire along the FLOT with rounds landing approximately 300-800 meters from members of the ODA. Captain immediately assumed a defensive position and sent in a SALT-A / SALUTE (Size, Activity, Location, Unit, Time, Equipment) report to AOB 2110, and redirected the TUAS to gain situational awareness of Point of Origins from launched enemy mortar rounds. ISIL began engaging the TUAS with small arms fire from the villages of Asheq and Tashta. The small arms fire was also directed towards the Peshmerga and ODA static positions along the FLOT with rounds impacting 20-200 meters. 7. His DD Form 214 states he was honorably released from active duty on 31 October 2015, after completing 9 months and 26 days of active service, including service in Iraq from 7 March 2015 to 6 September 2015. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and Item 18 (Remarks) lists multiple awards but does not list the Combat Infantryman Badge: 8. Section VIII (Awards and Decorations) of his ERB, dated 10 January 2019, does not list the Combat Infantryman Badge. 9. A memorandum from Commander, 1st Battalion, 20tht Special Forces Group (Airborne) to HRC, dated 30 October 2018, states while deployed to Kurdish region of Northern Iraq in support of OIR from May to September 2015, ODA 211 engaged enemy forces while conducting foreign internal defense training Kurdish Peshmerga forces. In August 2015, detachment leadership submitted request for the Combat Infantryman Badge for all six members of ODA 2111 who were present on the mission. Three members of the ODA 2111 received the Combat Infantryman Badge while SFC SSG (Applicant), and SSG were disapproved. The awards Packets were resubmitted three times but did not receive a reply. The commander requests reconsideration from the HRC denial and states all six members of ODA 2111 were listed in the Concept of Operations (CONOP) and were present throughout the engagement. 10. A memorandum from HRC to the Chief, National Guard Bureau, dated 13 May 2019, states the request for award of the Combat Infantryman Badge for the applicant’s service performed in support of OIR is disapproved. Retroactive award of the Combat Infantryman Badge can be requested; however, in accordance with AR 600-8-22, paragraph 8-6, such awards will not be made except where evidence of injustice is presented. The documentation submitted in support of the command’s request does not provide sufficient justification to warrant retroactive approval for this event. 11. Three memorandums from Major General Commander, Combined Joint Task Force – Horn of Africa, Colonel Commander, Headquarters, 20th Special Forces Group (Airborne), and Lieutenant Colonel Commander, 1st Battalion, 20th Special Forces Group (Airborne), dated 12 February and 16 March 2020 respectively, recommend reconsideration for award of the Combat Infantryman Badge to eligible Special Forces ODA 2111 members who deployed under their command to Northern Iraq in 2015 and engaged the enemy forces while advising their Peshmerga partner forces on 29 June 2015. SF-ODA 211 submitted the award packets during their rotation, but due to a typographic error on the original submission forms, the applications were disapproved. In light of the typographic error, they strongly endorse the reconsideration and award of the Combat Infantryman Badge to eligible members of SF-ODA 2111. Point of Contact for AHRC response is Major . 12. A memorandum for the record, dated 22 April 2020 from Major Brigade S1, Headquarters, 20th Special Forces Group (Airborne), Subject: Missing classified supporting documentation for ODA’s 2111 and 2116 Combat Infantryman Badge requests during OIR 2015, states required supporting documentation for ODA’s 2111 and 2116 awards packets are not included due to the secret classification of the information. Upon request the following documentation will be provided via SIPR: CONOP, TASK ORG, and Troops In Contact (TIC) Summary. 13. A letter from the Office of the Inspector General to Major Joint Forces Headquarters, ALARNG, 14 September 2021, states the Inspector General conducted a through inquiry and worked with the Deputy Chief of Staff Personnel and National Guard Bureau to address the complaint concerning the status of the nine Combat infantryman Badge awards submission to Joint Forces Headquarters, Alabama. After inquiring with the NGB, Personnel Policy Division, Awards Section, it was determined that the nine Combat Infantryman reconsideration/appeal recommendations would need to be submitted to ABCMR for review. 14. Regulatory guidance states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant served in Iraq from 7 March to 6 September 2015 with A Company, 1/20th SFG . The original submission for being engaged by enemy indirect fire on 29 June 2015 was disapproved by the chain of command and by the approval authority, Commander of Special Operations Joint Task Force – Iraq who indicated that the applicant did not meet the timeline for approval or based on supporting documents, the level of ground combat/direct fire engagement with the enemy alone was not sufficient enough to support approval. b. A subsequent request by the battalion/group commanders was resubmitted to HRC in June 2020, requesting the applicant be awarded the CIB 2020 to award for the engagement with the enemy on 29 June 2015. HRC denied the award. The denial letter states request for the CIB for service performed in support of Operation Inherent Resolve is disapproved. The chain of command disapproved this request in 2015. Retroactive award of the CIB can be requested; however, IAW AR 600-8-22, para 8-6, such awards will not be made except where evidence of injustice is presented. The documentation submitted in support of this request does not provide sufficient justification to warrant retroactive approval for this event. c. The Board agreed that the level of ground combat/direct fire engagement with the enemy alone was not sufficient enough to support approval of the CIB for this particular incident. 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. 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. 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 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. 2. Army Regulation 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 8-6 (Combat Infantryman Badge) of this regulation provides, in part, a Soldier must meet the following three requirements to be eligible for award of the Combat Infantryman Badge: * be an Army infantry officer in the grade of Colonel/O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry or Special Forces (SF) MOS (18B, 18C, 18E, 18F and 18Z) satisfactorily performing infantry duties. * be assigned to an infantry or SF unit of either a brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat * must actively participate in such ground combat; campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge 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 Combat Infantryman Badge. 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. The CIB is authorized for award for the following qualifying wars, conflicts, and operations. Second and third awards of the CIB are indicated by superimposing one and two stars respectively, centered at the top of the badge between the points of the oak wreath. To date, a separate award of the CIB has been authorized for qualified Soldiers in the following qualifying periods: * Global War on Terrorism (18 September 2001 to a date to be determined) * Afghanistan (18 September 2001 to 31 December 2014; OFS, 1 January 2015 to a date to be determined) * Iraq (OIF, 19 March 2003 to 31 August 2010; OND, 1 September 2010 to 31 December 2011) * OIR (15 June 2014 to a date to be determined) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009923 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1