IN THE CASE OF:	  

		BOARD DATE:	        16 October 2008

		DOCKET NUMBER:  AR20080012412 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge.

2.  The applicant states, in effect, he needs his DD Form 214 corrected.

3.  The applicant provides:

	a.  DD Form 214.

	b.  Permanent Orders 041-01, Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, dated 10 February 2006, awarding the Combat Action Badge for service on 30 November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 15 January 2003 through 13 August 2006.  He served in military occupational specialty (MOS) 31B (Military Police).

2.  The applicant served in Iraq from 7 January 2005 through 3 January 2006.  On 30 November 2005, he was personally present and actively engaged or was engaged by the enemy, and performed satisfactorily in accordance with the prescribed rules of engagement.  On 10 February 2006, he was awarded the Combat Action Badge.

3.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS 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 Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Combat Action Badge be added to his DD Form 214.

2.  Permanent Orders 041-01, Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, dated 10 February 2006, awarded the Combat Action Badge to the applicant.  Therefore, it would be appropriate to add the award of the Combat Action Badge to his separation document.

BOARD VOTE:

___X____  __X_____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 adding the Combat Action Badge to his DD Form 214 with effective date 13 August 2006.


															XXX
      _______________________
       	   CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080012412



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ABCMR Record of Proceedings (cont)                                         AR20080012412



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