ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 January 2019 DOCKET NUMBER: AR20160012567 APPLICANT REQUESTS: the Combat Action Badge (CAB) APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Mobilization Orders * Sworn Statements from Soldiers in the 535th Military Police Battalion (MP BN), who was awarded the CAB * Copy of a CAB Certificate awarded to one of the Soldiers from the 535th MP BN * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 18 July 2008 * Letter of Denial from the Human Resources Command FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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: a. On 5 November 2007, a riot broke out in Camp Remembrance 2, Baghdad Iraq. The riot consisted of approximately 200 detainees, who threw large concrete chunks, bodily fluids in bottles, shoes and other objects. Using less than lethal rounds, grenades, and long range acoustic device, the guard force repelled the attack and calmed the detainees down. b. On May of 2008 at the award ceremony, the CAB awards were handed out to Soldiers of the 535th Military Police Battalion. A personal situation prevented him from submitting a packet (see DD Form 149, page 2 for a list of the Soldiers who received the CAB). He states if he is denied the CAB award, then all the awards presented on May 2008 should be retracted. He is only trying to receive what he believes he earned. 3. The applicant’s DD Form 4 shows he entered the Army on 26 June 1992 and earned the Military Occupational Specialty, 31B (Military Police). 4. The applicant was mobilized from 18 May 2007 through 18 July 2008. He served in Iraq with the 535th Military Police Battalion and was credited 8 months and 29 days of foreign service time. His record is void of documentation awarding him the Combat Action Badge. 5. The applicant’s DD Form 214 shows he was honorably released from active duty on 18 July 2008 and the CAB is not listed as an award. 6. Army Regulation 635-5 (Separation Documents), in effect at the time, regulates the preparation of separation documents for Soldiers upon retirement, discharge, or release from active military service or control of the Army. 7. The applicant provides sworn statements from himself, Soldiers in the 535th Military Police Battalion who were awarded the CAB for the prison riot, and he also provides a copy of the award citation. a. The CAB citation for the incident on 5 November 2007 reflects a soldier as part of the guard force at a Theater Interment Facility who successfully engaged, repelled and calmed a riot within a compound. b. The sworn statements reflect what occurred on 5 November 2007 where detainees were throwing fruit, water bottles filled with urine and feces, chunks of concrete, milk cartons, and anything the detainees could get a hold of. They also discussed the order to deploy CS gas into the compound after Soldiers were masked, and how the detainees then became compliant. c. One sworn statement describes how the applicant handed him a Crowd Dispersal Grenade. d. The applicant’s sworn statement describes his personal involvement of detainees throwing various items at himself and other Soldiers. He describes how he engaged a large group of detainees with a Crowd Dispersal Grenade, and he also gave one to another Soldier who had no ammunition. He then discusses the order to “mask up” and the release of the CS gas. 8. A review of his Official Military Personnel File failed to reveal orders or any other evidence indicating he was awarded the CAB. 9. Army Regulation 600-8-22 (Military Awards) prescribes for the CAB, 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. 10. The applicant applied to the Human Resources Command for a retroactive award of the CAB; however, his request was denied on 15 June 2016. The memo states “A Soldier must be personally present and actively engaging or being engaged by the enemy. The witness statements provided in support of your request indicate that the incident on November 5, 2007, was a prison riot consisting of non-combatants. In accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-8, this incident does not meet the basic requirement for award of the Combat Action Badge.” BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined relief was not warranted. The Board found that based upon the evidence presented and found within the service member’s military record, there was no evidence to support awarding the Combat Action Badge. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant :X X X Deny 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. ___________X________________ 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. ADMINISTRATIVE NOTE: 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 Army Board for Correction of Military Records (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 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 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. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Only one Combat Action Badge may be awarded during a qualifying period. ABCMR Record of Proceedings (cont) AR20160012567 0 0 4