IN THE CASE OF: BOARD DATE: 6 December 2023 DOCKET NUMBER: AR20230002653 APPLICANT REQUESTS: in effect, to revoke his previously awarded Combat Action Badge (CAB) and award him the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Diploma, Infantry Officer Basic Course, 7 October 1988 * DD Forms 214 (Certificate of Release or Discharge from Active Duty), 7 October 1988 and 15 July 1991 * DA Form 1059 (Service School Academic Evaluation Report), 25 June 1999 * Orders 200-001, Headquarters, 3rd Battalion, 7th Infantry Regiment (Mechanized), 18 April 2003 * DA Form 67-9 (Officer Evaluation Report (OER)), thru 19 October 2003 * "The Order of the Combat Spur" Certificate, 19 January 2004 * Permanent Orders C245-92, Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), 2 September 2005 * Self-authored Statement, 8 November 2023 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, he is a fully qualified infantryman who was assigned to the 3rd Infantry Division during Operation Iraqi Freedom (OIF) in 2003. He believes he should have been awarded the CIB vice the CAB. His OER from the time in question clearly states that he was an infantryman. He previously graduated from the Infantry Officer Basic and Captains Career Courses and served in direct combat during OIF. 3. The applicant was ordered to active duty training as a member of the USAR on 18 June 1988. He successfully completed the Infantry Officer Basic Course on 7 October 1988. 4. As an infantry officer, he was ordered to active duty in support of Operation Desert Shield/Storm on 6 December 1990. He served in Southwest Asia from 24 December 1990 to 19 June 1991. On 15 July 1991, he was honorably released from active duty upon the expiration of his term of service. 5. The applicant requested a branch transfer from Infantry to Civil Affairs. His request was approved on 24 February 1999, to Branch Area of Concentration (AOC) 38A (Civil Affairs Officer). 6. He successfully completed a resident 2-week Infantry Captains Career Course on 25 June 1999. 7. He successfully completed the nonresident Command and General Staff Officer Course from 3 October 2001 to 4 September 2003. 8. Orders 200-001, Headquarters, 3rd Battalion, 7th Infantry Regiment (Mechanized), Camp Baler, Baghdad, Iraq, 18 April 2003, attached him to 3rd Battalion, 7th Infantry Regiment (Mechanized) to perform duties as directed by the commander, 3rd Battalion, 7th Infantry Regiment (Mechanized). 9. His DA Form 67-9 for the period 18 April 2003 to 19 October 2003, rated him as the Alpha Team Leader, AOC 11A. However, while this report lists his unit as 7th Infantry Regiment, 3rd Infantry Division, the comments on the report describe the applicant's performance as a Civil Affairs Team Commander and his duties as directing, advising, assisting, and making recommendations concerning Civil Military Operations to the Combat Maneuver Commander during OIF. 10. He provided a certificate showing he was awarded "The Order of the Combat Spur", 2nd Regiment of Dragoons, Headquarters and Headquarters Troop, 19 January 2004. 11. Permanent Orders C245-92, Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), 2 September 2005, awarded him the CAB for actively engaging or being engaged by the enemy on 6 June 2003. The applicant was assigned to the 411th Civil Affairs Battalion during the period of award. 12. The applicant was released from the U.S. Army Reserve (USAR) (Reinforcements) and assigned to the Retired Reserve in the rank/grade of lieutenant colonel/O-5 effective 1 June 2013. 13. During the processing of this case, on 19 October 2023, an advisory opinion was obtained from the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command. The advisory official stated: a. In accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-8, branch and military occupational specialty (MOS) requirements are immaterial regarding eligibility for award of the CAB. To be eligible for the award, a Soldier must not be assigned or attached to a unit that would qualify the Soldier for the CIB and/or Combat Medical Badge (CMB). However, an infantryman (MOS 11B) assigned to a non-infantry unit, such as an assignment to Corps staff, is eligible for the CAB. b. Considering the unit listed on the applicant's CAB award order and the duties and positions discussed on the provided OER, the CAB was the appropriate award. They acknowledge the infantry unit listed on the OER; however, this unit was the applicant's unit at the time the report was written and not necessarily the unit he was assigned to for the duration of his deployment in support of OIF. Without deployment orders assigning the applicant to an infantry unit on 6 June 2003, they must presume he was assigned to a non-infantry unit and the CAB is the correct award. 14. The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. On 8 November 2023, he responded by providing a copy of his orders assigning him to the 3rd Infantry Division during OIF and states, in effect: a. Clearly the orders are assigning him to an infantry unit on 18 Apr 2003 and the date on his OER covered 18 April 2003 to 19 October 2003 indicating that he was in fact assigned to an infantry unit and should have been awarded a CIB as he was told he would be by the 3rd Infantry Division. To clarify, prior to deployment he was the commander of a detachment of the 411th Civil Affairs Battalion, once deployed the battalion was broken up into derivative unit identification codes. He was subsequently farmed out to various units going down range. b. He was assigned initially to the 82nd Airborne 2/325 AIR, went across the berm with them and fought their way into An Ajaf Iraq. They conducted combat operations in that area until he was sent to the 3rd Infantry Division Task Force 3/7 as noted on the attachment orders dated 18 April 2003. This specifically shows what he was told because he was an infantryman, a qualified infantry officer, and that was what the 3rd Infantry Division wanted. He linked up with Task Force 3/7 at Baghdad Airport while it was being secured as an objective. Once the airport was taken, they set up a Forward Operating Base (FOB) at Camp Baler outside of Saddam City in an old Iraqi Army Post. c. Most of his time was spent on foot patrol within the area of operations (AO) mostly Saddam City and the outlying areas that the insurgents fled to after Bremmer made them squash the looting. He conducted missions to deny freedom of movement, the pursuit and direct engagement of enemy combatants, most of their patrols lasted about 16 hours a day seven days a week outside the FOB of Camp Baler Baghdad. In addition, he conducted combat operations on foot and mounted with the 2nd Armored Cavalry Regiment (ACR) as is evidenced from the fact that they awarded him Combat Spurs which he included in his original request. He was a Reservist who found a unit in Connecticut to join and volunteered to deploy. Unbeknownst to him, once they went down range they were broken up by the Active Army and farmed out to various commands and units ? which was ok with him because he wanted to be there ? he was looking to do his part. d. Since he was not part of an active-duty unit, he was a Reservist and sort of the red headed stepchild of the Army it was easy for him to be moved around between units given verbal orders by the battalion commander to work with the 2nd ACR, 1st Armored Division (AD), 3rd ACR, 2nd Battalion, 325th Regiment (Airborne) at random and he just did what he was told. He loved what he was doing. It was the best job he ever had in the Army; it was the best job he ever had period! An example of this is that in his civilian profession he works for one of the largest electric and gas utilities in the country. When the 1st AD minesweeper knocked out the power to a major power plant by hitting the high pressure natural gas main rupturing it thereby killing the gas needed to power the electric turbines, he was called to see what he could do because of his electric and gas background in his civilian job. e. He was ordered to maneuver into the AO outside of Bagdad while intense combat operations were being conducted to find the power plant engineer and his crew to bring them back so that they could repair the damage and get the power plant back online. They had to fight their way first mounted and then dismounted on foot patrols in some of the most intense fighting you could imagine. Aerial bombing, indirect and direct fire, direct engagement with the Republican Guard it was exhilarating. He loved it. f. He found the gentlemen and his crew of utility workers and brought them back to fix the problem. However, before he would agree to come with him, he wanted to use his satellite phone to call his daughter, an American living in Chicago. When he called the number, a young woman picked up the phone and he told her he was an American Soldier in Baghdad, and that her dad wanted to speak with her. He thought of his own young daughters ? it was the best phone call he ever made. So, he is an infantryman always was and always will be to the day he dies whether or not the Board grants his request to convert his CAB to a CIB. However, it is clear from the evidence he submitted that he was in fact assigned to an infantry unit as a qualified infantrymen during the period in question. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and U.S. Army Human Resources Command- Awards and Decorations Branch advisory opinion, the Board concurred with the advising official finding the applicant, during the period of 18 April 2003 to 19 October 2023, lists his unit as 7th Infantry Regiment, 3rd Infantry Division; however, the comments on the report describe the applicant’s performance as a Civil Affairs Team Commander and his duties as directing, advising, assisting, and making recommendations concerning Civil Military Operations to the Combat Maneuver Commander during Operation Iraqi Freedom (OIF). The Board agreed based on regulatory guidance and the duties and position discussed on the applicant’s OER, there is insufficient evidence to support revocation of his previously awarded Combat Action Badge (CAB) and to award him the Combat Infantryman Badge (CIB). Therefore, the Board denied relief. 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 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Instructions state the requirements for award of the CAB are branch and military occupational specialty immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations, is not required to qualify for the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. Award of the CAB is not automatic and will not be awarded solely based on award of the Purple Heart. The CAB may be awarded to any Soldier. Paragraph 8-8 states specific eligibility requirements which include: a. Soldier must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement, in an area where hostile fire pay, or imminent danger pay is authorized. For all named conflicts beginning after 5 March 2019, a Soldier must also be performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. A Soldier must be performing their assigned duties associated with the unit's combat mission in an area where hostile fire pay, or imminent danger pay is authorized. b. Soldier must be performing assigned duties in an area where hostile fire pay, or imminent danger pay is authorized. The requirement for hostile fire pay or imminent danger pay does not apply to cases determined to be eligible under the conditions described in paragraph 3-8c. c. Soldier must not be assigned or attached to a unit that would qualify the Soldier for the CIB/Combat Medical Badge. For example, an 11B (Infantryman) assigned to Corps staff is eligible for award of the CAB. However, an 11B assigned to an infantry battalion is not eligible for award of the CAB. d. In addition to Army Soldiers, the CAB may also be awarded to members of other U.S. Armed Forces and foreign military personnel assigned to a U.S. Army unit, provided they meet the above criteria. e. Award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. f. Second and subsequent awards of the CAB are as follows: (1) Only one CAB may be awarded during a qualifying period. (2) Second and subsequent award of the CAB will be indicated by super- imposing one and two stars respectively, centered at the top of the badge between the points of the oak wreath. g. Retroactive awards of the CAB are not authorized prior to 18 September 2001. 3. Army Regulation 600-8-22 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 Special Forces (SF) officer (Career Management Field or AOC 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. Improvised Explosive Devices (IEDs), Vehicle Borne IEDs, and the like 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. (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. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002653 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1