IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20160014512 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20160014512 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. IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20160014512 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 award of the Combat Action Badge. 2. The applicant states: a. He feels that the denial of award of the Combat Action Badge was unjust due to a system failure. He understands the situation might be confusing due to the fact the incident happened years ago, and he understands the criteria for this award have changed since then. b. At the time, the Combat Action Badge was a new award. It seemed like his S-1 was not exactly sure how to process the documents correctly. They really did not put any emphasis on it and the documents were lost in the common paperwork shuffle. He is submitting a timeline with a list of his chain of command at the time of the incident, witness statements, and the email addresses of personnel who he believes are still serving in the Army. 3. The applicant provides: * a list of five service members and their email addresses * Enlisted Record Brief (ERB), dated 18 May 2016 * two witness statements, dated 2 to 8 August 2005 * self-authored statement, dated 11 August 2005 * memorandum for record (MFR) signed by Captain (CPT) James Ritch, dated 11 August 2005 * two orders, dated 29 January and 27 March 2003 * two DA Forms 4187 (Personnel Action), one undated and one dated 3 March 2016 * an email, dated 11 February 2016 * a page listing the applicant's chain of command in 2003 and 2005 * DA Form 638 (Recommendation for Award), dated 30 September 2016 * memorandum from U.S. Army Human Resources Command, dated 26 January 2016 CONSIDERATION OF EVIDENCE: 1. The applicant was serving as a staff sergeant (SSG)/E-6 in the Regular Army and he held military occupational specialty (MOS) 92G (Food Service Specialist). He was assigned to Headquarters and Headquarters Company, 1st Battalion, 4th Aviation Regiment, 4th Infantry Division, Fort Hood, TX. 2. He served in Iraq in support of Operation Iraqi Freedom (OIF) with his assigned unit from 31 March 2003 to 29 March 2004. On 1 December 2004, he was assigned to E Company, 1st Battalion, 4th Aviation Regiment, 4th Infantry Division, TX. 3. The applicant provides two witness statements and a self-authored statement; dated 2, 8, and 11 August 2005, respectively; wherein CPT NRA, CPT BCN, and the applicant all stated, in part: a. On 15 October 2003, the three of them were in a convoy traveling between Forward Operation Base (FOB) Speicher and Headquarters, 4th Infantry Division, Tikrit, Iraq. The purpose of the convoy was to transport the battalion field ordering officers and paying agents to meet with division finance in order to reconcile the unit's monthly cash budget. The convoy was composed of four soft-sided high mobility multipurpose-wheeled vehicle. The applicant was tank commander of one of the vehicles. Upon completion of the finance appointments, the convoy departed the main gate at about 17:15 to return to FOB Speicher. A decision was made to take an alternate route back in order to avoid traveling the same route twice in a 4-hour period. b. As the convoy turned onto the alternate route, it was realized that a bad choice had been made. They were traveling through the city during the holy month of Ramadan and the sun was getting low on the horizon. There was a requirement to fast during daylight hours and festivities began nightly just before sunset. As a result, the road chosen was packed with about 900 Iraqis. It was a small road and they could not turn the convoy around. There was only one lane of traffic each way with three-story apartment buildings and stores on each side of the road. c. There was an Iraqi police checkpoint, the police moved the roadblock out of the way and let the convoy pass. After that, they were able to increase their speed to about 35 miles per hour. After traveling 150 meters away from the roadblock, the convoy received AK-47 fire from an alley. They heard six shots and at least three ricochets as the bullets impacted nearby buildings. The gunner in the vehicle was the only one that saw and had a clear shot at the insurgents and he returned fire. He was only able to "put three rounds on the attackers" before his vehicle passed the alley. The gunner only saw two insurgents with AK-47's and they turned and ran away as he returned fire. No Soldiers were injured and no damage to the equipment was sustained. They increased their speed and returned to FOB Speicher without further incident. 4. He provides: a. An MFR, dated 11 August 2005, wherein CPT JRR, Commander, E Company, 1st Battalion, 4th Aviation Regiment, stated he was recommending the applicant and another Soldier for the Combat Action Badge. A review of the other Soldier's records does not show that he was awarded the Combat Action Badge. b. An undated DA Form 4187, requesting the applicant be awarded the Combat Action Badge for personally being engaged by the enemy during combat operations in support of OIF on 15 October 2003 in Tikrit, Iraq. It had CPT xxx's name typed on the form but it was not signed. c. An undated page listing his chain of command in 2003 and 2005. He stated the command teams listed on the page were present during the incident and submission of the award. On or about 11 August 2005, the packet for the Combat Action Badge was submitted. During this period, the criteria for the award was in its early stages and the event did not meet the standard governed by Army Regulation (AR) 600-8-22 (Military Awards). This resulted in the packet being kicked back for further review. In 2006 through 2008, the packet was submitted several times to S-1 and lost. When it was finally found, he was told by the S-1 that the award was out of tolerance. Six years later, the approved changes to AR 600-8-22 were issued through Military Personnel (MILPER) Message Number 11-268 stating the rules of how Soldiers were engaging or being engaged by the enemy were now changed. Any prior incidents could now be submitted by means of a retroactive process. 5. On 1 August 2011, he was promoted to sergeant first class (SFC)/E-7. On 16 March 2015, he was assigned to E Troop, 3rd Squadron, 6th Heavy Attack Reconnaissance, 1st Armored Division, Fort Bliss, TX. 6. In a letter, dated 26 January 2016, the U.S. Army Human Resources Command denied his unit's request for award of the Combat Action Badge to the applicant. The letter stated the applicant did not meet the criteria for award of the Combat Action Badge under the provisions of AR 600-8-22, paragraph 8-8. REFERENCES: 1. AR 600-8-22, paragraph 8-8, states the requirements for award of the Combat Action Badge 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the ABCMR will consider individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record; it is not an investigative body. DISCUSSION: 1. The applicant was riding in a vehicle in Iraq during the holy time of Ramadan as part of a convoy and heard six shots from what was believed to be insurgents that impacted nearby buildings they were driving past. The Soldiers in the convoy believed the distance from their vehicle to the impacted areas of the buildings to have been approximately 10 meters. 2. Although one Soldier in one of the convoy vehicles returned three rounds of fire towards what he thought was insurgents, he was the only one that saw the insurgents as they passed an alleyway. It was also stated that there were over 900 Iraqis in the area celebrating the nightly festivities of Ramadan during the period they heard the gunfire. 3. The criteria for award of the Combat Action Badge require a Soldier to be personally present and actively engaging or being engaged by the enemy and to be performing satisfactorily in accordance with the prescribed rules of engagement. The badge is not intended for all Soldiers who serve in a combat zone. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014512 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014512 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2