IN THE CASE OF: BOARD DATE: 18 August 2023 DOCKET NUMBER: AR20230000384 APPLICANT REQUESTS: * award of the Iraq Campaign Medal (ICM) and Combat Infantryman Badge (CIB) * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2012 to show award of the Army Commendation Medal (ARCOM), ICM, and CIB APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Self-authored Letter, 30 September 2022 * State of Minnesota Department of Military Affairs Office of the Adjutant General Orders 096-289, 6 April 2011 * Headquarters, U.S. Army Garrison, Fort McCoy, WI, Orders MC-202-0333, 21 July 2011 * DA Form 638 (Recommendation for Award), 14 February 2012, citing 1st Battalion, 34th Brigade Combat Team, Permanent Order Number 094-011, 3 April 2012, and ARCOM Certificate * DD Form 214 for the period ending 31 May 2012 * National Guard Bureau Form 22 (Report of Separation and Record of Service), 28 October 2012 * DD Form 215 (Correction to DD Form 214), 1 December 2018 * Department of Veterans Affairs (VA) Veterans Benefits Administration Rating Decision, 10 December 2019 (page 1 only) * two Eye-witness Statements, 28 September 2021 and 30 September 2021 * Army Board for Correction of Military Records (ABCMR) Letter, 13 May 2022 * U.S. Army Human Resources Command (HRC) Letter, 8 September 2022 * DA Form 2-1 (Personnel Qualification Record Part II) * Numerous Photographs * Excerpt from Army Regulation 600-8-22 (Military Awards), 5 March 2019 * Excerpt from Army Doctrine Publication 3-90 (Offense and Defense), 31 July 2019? 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 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 award of the ARCOM, ICM, and CIB should be added to his DD Form 214 or DD Form 215. He previously applied to the ABCMR but was told he had to first apply to HRC to exhaust his administrative remedies. However, HRC denied his request for award of the CIB and instructed him to apply to the ABCMR. He believes his involvement in an improvised explosive device (IED) attack in Iraq in 2011 constitutes an enemy engagement and his entitlement to the CIB (see self-authored letter for further details). 3. A review of his Army Military Human Resource Record (AMHRR) revealed a DD Form 215, 1 December 2018, which added award of the ARCOM to his DD Form 214 for the period ending 31 May 2012. As a result, this portion of his request will not be further discussed in this record of proceedings. 4. He enlisted in the Minnesota Army National Guard (MNARNG) on 29 January 2005. Upon completion of initial entry training, he was awarded military occupational specialty (MOS) 11B (Infantryman). 5. State of Minnesota Office of the Adjutant General Orders 096-289, 6 April 2011, ordered him to active duty as a member of his Reserve Component unit in support of Operation Enduring Freedom (OEF) with a reporting date to Fort McCoy, WI, of 1 June 2011. 6. Headquarters, U.S. Army Garrison, Fort McCoy, Orders MC-202-0333, 21 July 2011, deployed him in a temporary change of station status in support of OEF, Arifjan, Kuwait, and further assigned him to Company B, 2d Battalion, 135th Infantry Battalion, with a reporting date of on or about 25 July 2011. 7. 1st Battalion, 34th Brigade Combat Team, Permanent Order Number 094-011, 3 April 2012, awarded him the ARCOM for exceptionally meritorious service in support of Operation New Dawn while serving as an infantry fire team leader during the period 29 May 2011 through 22 January 2012. The DA Form 638 cited the following achievements, in part, in support of the recommendation: While serving as a vehicle commander, [Applicant] completed 15 convoy security team missions totaling 2,500 accident free miles in support of Operation New Dawn. His ability to motivate Soldiers and instill teamwork led to the Platoon's overall success, with zero IED's striking any convoy along ASR [Alternate Supply Route] Aspen during the Iraqi draw down. While conducting actions in response to a discovered IED blast site, [Applicant] played an instrumental role in the intelligence gathering effort, distinguished himself by implementing new and effective ways to conduct post blast analyst [analysis] on IED sites was a Brigade standard operating procedure. 8. He was honorably released from active duty to the control of his Reserve Component unit on 31 May 2012. He completed 1 year and 2 days of net active service during this period. His DD Form 214 shows in: * item 11 (Primary Specialty) 11B Infantryman * item 12f (Foreign Service) 8 months and 29 days * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), in part Global War on Terrorism Expeditionary Medal (GWOTEM) * item 18 (Remarks), in part * Served in a Designated Imminent Danger Pay Area * Service in Kuwait from 25 July 2011 through 23 April 2012 * Ordered to Active Duty in Support of Operation Enduring Freedom in accordance with Title 10, U.S. Code, Section 12302 9. His military records do not contain orders awarding him the ICM or CIB. 10. The memorandum for record from the Commander, 2d Battalion, 135th Infantry Regiment (Statement of Service for (Applicant)), 5 April 2012, summarized his service in support of Operation New Dawn and authorized awards, including the GWOTEM. 11. His National Guard Bureau Form 22 shows he was honorably separated from the Minnesota Army National Guard effective 28 October 2012 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his active service status commitment in the Selected Reserve. Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded) shows the ARCOM; however, it does not show the ICM or CIB. 12. HRC Orders D-01-301777, 29 January 2013, honorably discharged him from the U.S. Army Reserve effective 29 January 2013 upon completion of his Reserve obligation. 13. His DD Form 215, 1 December 2018, corrected his DD Form 214 for the period ending 31 May 2012 to show award of the ARCOM.? 14. He provided: a. his VA Rating Decision (page 1 only), 10 December 2019, showing he was diagnosed and compensated for post-traumatic stress disorder (also claimed as panic attacks, anxiety, depression, and adjustment disorder); b. two eye-witness statements, 28 September 2021 and 30 September 2021, stating they were with him on 26-27 November 2011 while deployed in Iraq. They were on a convoy mission when they were attacked by an IED that exploded approximately 250 meters behind them from a white pickup truck; c. the ABCMR letter, 13 May 2022, noting his failure to exhaust his administrative remedies and instructing him to submit his request to HRC for award of the ARCOM, ICM, and CIB; d. the HRC Awards and Decorations Branch letter, 8 September 2022, denying his request for award of the CIB and noting he did not meet the regulatory guidance. His final course of action was to appeal this decision to the ABCMR; e. his DA Form 2-1 showing a summary of his military service; however, it does not show any service after 2008; f. numerous photographs presumed to be of the white pickup truck involved in the IED incident; and g. excerpts from Army Regulation 600-8-22, 5 March 2019, highlighting the requirements for award of the CIB and Army Doctrine Publication 3-90, 31 July 2019, highlighting tactical fundamentals. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The Board carefully considered the applicant's contentions, his military records, and regulatory guidance. In accordance with regulatory guidance, as the applicant was awarded the Global War on Terrorism award, he is not otherwise eligible for the Iraq Campaign Medal. With the exception of the Army Commendation Medal which is reflected on the applicant DD215, the Board found insufficient evidence to warrant a recommendation for relief on the remaining portion of the request 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 Board determined 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards), 11 December 2006 and in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. A Soldier must meet the following three requirements for award of the CIB: * be an infantryman 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 b. The ICM was awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom between 19 March 2003 and 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days. The area of eligibility encompasses all land area of the country of Iraq and the contiguous water area out to 12 nautical miles, and all airspaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. One bronze service star is authorized with the ICM for participation in each credited campaign.? c. The GWOTEM is awarded to service members of the Armed Forces of the United States who are deployed abroad for service in support of the Global War on Terrorism on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and airspaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States. The GWOTEM is only awarded once per named operation, regardless of the number of deployments and periods of service supporting that operation. Effective 9 February 2015 (retroactive to 11 September 2001), separate deployments and periods of service in support of different named operations are recognized by bronze service stars. d. Under no conditions will personnel receive the ICM, Global War on Terrorism Service Medal, GWOTEM, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000384 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1