IN THE CASE OF: BOARD DATE: 23 July 2021 DOCKET NUMBER: AR20210008022 APPLICANT REQUESTS: retroactive award of the Combat Action Badge (CAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2 memoranda * 2 DA Forms 4187 (Personnel Action) * Officer Record Brief * 2 DA Forms 214 (Certificate of Release or Discharge from Active Duty) * Letter, dated 2 July 2010 * Orders 241-005, dated 29 August 2007 * DA Form 2-1 (Personnel Qualification Record) * 1-page narrative * 5 DA Forms 2823 (Sworn Statement) * Officer of the Month Nomination, dated 29 April 2008 FACTS: 1. The applicant states, in effect, on 17 November 2007, at approximately 1800 hours, he met with Sergeant (SGT) H____, his paralegal, and left for dinner at the dining facility (DFAC) on Camp Victory. SGT P______ was approaching from the right about 15 meters away. At this time, within sight of the DFAC, the alarm sounded and they began to receive incoming. They took cover behind a concrete abutment near a construction project. A mortar impacted 20 meters from their position. They did not receive any injuries from the attack. However, after the all clear signal, they did see a significant impact site and surrounding damage. 2. The applicant is currently serving as an officer in the Army National Guard in the rank of lieutenant colonel. 3. Evidence shows the applicant served in Iraq for the period 29 October 2007 to 1 June 2008. 4. The applicant provides: a. A 3-page memorandum dated 1 October 2020, from the Commander, Rhode Island National Guard, Joint Force Headquarters, who states the memorandum should serve as an appeal of the applicant's CAB disapproval from the Army Human Resources Command (AHRC). b. His commander believes the applicant's service in Iraq qualifies for award of the CAB and states, in effect, the applicant was 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 was authorized. Retroactive award is justified because the CAB packet was not able to be submitted in time prior to his unit departing theater. As a Guardsman, the applicant was not normally assigned to the 5th Special Forces Group (Airborne) and he fell off the unit's radar upon redeployment. c. DA Form 4187, dated 5 January 2010, recommending approval of the applicant's request for award of the CAB and endorsed by the first general in his current chain of command. d. A letter dated 2 July 2010, which speaks to paperwork from Operation Iraqi Freedom (OIF) V disappearing into the abyss and the efforts made to reassemble pertinent information for submission of the CAB for the applicant and two other Soldiers. e. A narrative stating on 17 November 2007, coalition forces received incoming mortar/rocket fire that struck the Main DFAC located at Victory Military Complex, Iraq. The resulting explosion(s) caused minor damage but resulted in the temporary closing of the facility. This hostile fire also punctuated several weeks of bombardment wherein numerous rounds struck buildings and structures throughout Victory Military Complex, to the include living areas located in "Dodge City" and "Special Forces Row." Casualties, to include Killed in Action and Wounded in Action, were sustained in the Victory Military Complex throughout OIF V. During this particular incident, at least three 5-19th Special Forces Group (Airborne) Soldiers, [the applicant], SGT H___ and SGT P______ were located in the immediate blast area. No injuries other than superficial scrapes and bruises, the result of seeking cover, were sustained by the service members, however, given the proximity of the blast, the event qualifies for receipt of the CAB. f. Sworn statements from the applicant and SGTs H___ and P_______, which essentially mirror the events captured above. g. An Officer of the Month Nomination, dated 29 April 2008, which states, "[The applicant] has proven to be a highly valuable member of our team. He has taken on tasks, solved problems, and developed programs on a par unequaled by any of his predecessors. Further, he has maintained a positive, upbeat demeanor in a hectic office and during a period of heavy volumes of indirect fire. He is most deserving of being our Officer of the Month." 5. On 23 April 2020, the Chief, Awards and Decorations Branch, AHRC, stated the applicant's request for retroactive award of the CAB for service performed in support of Operation Iraqi Freedom was disapproved. The denial stated in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-8d (2) "A Soldier must also be performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy." The applicant was advised of his appeal rights to the ABCMR. 6. 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. The applicable regulation states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he/she must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. 7. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the available documentation, the Board agreed with the previous HRC decision that the applicant provided insufficient evidence of a direct engagement with the enemy. Therefore, the Board concluded there was insufficient evidence of an error or injustice which would warrant a reversal of the previously issued HRC decision. 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 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. Army Regulation 600-8-22, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. Instructions stated 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. Paragraph 8-8 stated specific eligibility requirements include: a. May be awarded to any Soldier. b. Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. c. 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. d. Soldier must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge/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. e. 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. f. 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. g. 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. h. Retroactive awards of the CAB are not authorized prior to 18 September 2001. 2. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008022 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1