IN THE CASE OF: BOARD DATE: 5 October 2023 DOCKET NUMBER: AR20230005810 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Temporary Change of Station Orders * Permanent Orders 178-025 [for another Soldier] * DA Form 4187 (Personnel Action) * News articles * Third party Statements of support (4) * Applicant's Request for CIB with two statements and a third party supporting statement * Human Resources Command Denial FACTS: 1. The applicant states he is requesting retroactive award of the CIB he believes he earned from a battle on 23 April 2011, where he came under fire and maneuvered on the enemy as an infantryman serving in an infantry duty position. He submitted his request through multiple levels of command to the 10th Mountain Division Command, endorsing approval on 16 March 2022. He was told he would not need to prove he was issued a CIB because he earned a Purple Heart during his deployment. 2. The applicant enlisted in the Regular Army on 16 September 2009 for 3 years. He has had several extensions and reenlistments through his most recent reenlistment in 2023. The applicant is still on active duty in military occupational specialty 11B (Infantryman) as a staff sergeant. 3. The applicant was deployed to Afghanistan in support of Operation Enduring Freedom on or about 1 October 2010. He is shown to have served with the 1st Squad, Fox Company (Pathfinders), 2nd Battalion (Assault Helicopters), 10th Aviation Brigade, as a rifleman. 4. A DA Form 4187 (Personnel Action) dated 19 May 2021 states the applicant's command requested retroactive award of the CIB and indicates that the applicant was came under small arms fire and returned fire during the ”Fallen Angel” operation on 23 April 2011. The award recommendation was not approved by the Brigade Commander until 24 February 2022 and by the Commanding General until 30 March 2022. 5. The applicant applied to the U.S. Army Human Resources Command (HRC) for a retroactive award of the CIB submitting letters of support from fellow Soldiers attesting of the rescue mission action of a downed OH-58 Kiowa on 23 April 2011. With his application the applicant provided a personal narrative of his action and four 3rd party statements from fellow Soldiers serving with him describing the actions they were involved in during that rescue mission, including the fact that they were taking small arms fire. 6. The applicant provided an additional statement on 14 March 2022 describing the situation surrounding why he did not receive the CIB as a misunderstanding by his command that because he was wounded and evacuated to the States at the time his company was presented the award it was thought that he would not need separate orders due to his award of the Purple Heart. 7. On 4 May 2022, HRC denied the applicant's request for award of the CIB for service performed in support of Operation Enduring Freedom stating there was insufficient evidence to support the applicant's request. 8. The applicant's record in the interactive Personnel Electronic Records Management System (iPERMS) does not contain copies of any of the applicant's awards or decorations or any documentation of the date or circumstances leading to the wound for which he received the Purple Heart. 9. The applicant provided a copy of an article from the August 2011 Eye of the Falcon related to the same Soldier as referenced in his submission of a copy of Permanent Orders 178-025 of 27 June 2011. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the DA Form 4187 and supporting documents provide sufficient evidence to confirm the applicant met the criteria for the CIB. The Board determined he should be awarded the badge for action against the enemy on 23 April 2011. 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 his participation in action against the enemy on 23 April 2011. 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 600-8-2 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and simi- lar devices awarded in recognition of accomplishments. It provides the following: a. Paragraph 8-6 provides for award of the Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A Soldier 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, to close with and destroy the enemy with direct fires. 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. b. The wartime command would have retained wartime awards approval authority for 12 months after redeployment, and had authority to approve award of the CIB for Soldiers who deployed with their command, and qualified for, but did not receive the CIB during the deployment. c. Retroactive award of the CIB is authorized for specified time periods for fully qualified individuals. The awards may be awarded by Commander, U.S. Army Human Resources Command, Awards and Decorations Branch (AHRC–PDP–A). Applications for retroactive award to active duty Soldiers and RC Soldiers will be forwarded through command channels to the first general officer (for endorsement) to HRC for processing. d. The Purple Heart is awarded to any member of an U. S. Armed Forces who, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received, under any of the following circumstances: (1) In any action against an enemy of the United States. (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged. (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. As the result of an act of any such enemy or opposing Armed Forces. (4) As the result of an act of any hostile foreign force. e. The "C" device is awarded for award of the Army Commendation Medal during combat. A Soldier can receive a "C" device even if the Soldier wasn't personally engaged in combat but the service or achievement being recognized was in a combat area. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont.) AR20230005810 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1