IN THE CASE OF: BOARD DATE: 23 July 2021 DOCKET NUMBER: AR20210006118 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Iraq Campaign Medal and Combat Action Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 both awards were granted right after his separation. He discovered the error while applying for a government job. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending 13 August 2004 will be administratively corrected without Board action to show the Iraq Campaign Medal with 2 bronze service stars. 4. The Board will consider the Combat Action Badge, and as a related issue, the Army Good Conduct Medal (1st Award). 5. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 14 August 2001 and held military occupational specialty 74D (Chemical Operations Specialist). b. He served in Italy from on or about 24 February 2002 to on or about 23 February 2004. He was assigned to 1st Battalion, 508th Infantry. c. He was honorably released from active duty on 13 August 2004 for completion of his required active service. His DD Form 214 show she completed 3 years of active service. It also shows in: (1) Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Global War on Terrorism Service Medal. (2) Block 18 (Remarks), "Service in Iraq from 26 March 2003 to 19 February 2004." 6. His service records do not contain and he does not provide orders recommending or awarding him the Combat Action Badge. 7. By regulation (AR 600-8-22), award of the Combat Action Badge (CAB) is not automatic. The award is announced in permanent orders. The requirements for award of the CAB 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 CAB. However, the CAB is not intended to recognize Soldiers who simply serve in a combat zone or imminent danger area. Battle participation credit alone is not sufficient; the unit must have engaged or been engaged by the enemy. 8. His service records do not contain orders awarding him the Army Good Conduct Medal (1st Award). Likewise, his service records do not contain derogatory information or a commander's disqualification memorandum that would have prevented him from receiving this award. 9. By regulation (AR 600-8-22), the Army Good Conduct Medal is awarded to Soldiers who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. Based upon the available documentation showing the applicant served in Iraq during a qualifying period of service to be issued the Iraq Campaign Medal, the Board concluded there was sufficient evidence to award and add the Iraq Campaign Medal to his DD Form 214. The Board also determined the applicant should have been awarded a Good Conduct Medal for his period service and recommended that be added to his DD Form 214. However, based upon the regulatory guidance on awarding the Combat Action Badge and the lack of documentation showing the applicant qualified for the award, the Board concluded there was insufficient evidence to award and add the CAB to the applicant’s DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * awarding and adding the Iraq Campaign Medal with two bronze service stars * awarding and adding the Army Good Conduct Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding and adding the Combat Action Badge. 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns are: • Liberation of Iraq (19 March 2003-1 May 2003) • Transition of Iraq (2 May 2003-28 June 2004) • Iraqi Governance (29 June 2004-15 December 2005) • National Resolution (16 December 2005-9 January 2007) • Iraqi Surge (10 January 2007-31 December 2008) • Iraqi Sovereignty (1 January 2009-31 August 2010) • New Dawn (1 September 2010-31 December 2011) b. The Combat Action Badge (CAB) recognizes the greatly expanded role of non- infantry Soldiers in active, ground combat. The requirements for award of the CAB 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 CAB. However, the CAB is not intended to recognize Soldiers who simply serve in a combat zone or imminent danger area. Battle participation credit alone is not sufficient; the unit must have engaged or been engaged by the enemy. Award of the CAB is not automatic and will not be awarded solely based on award of the PH. The CAB may be awarded to any Soldier. 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 the effective date of this publication, 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. c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006118 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1