IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160014836 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. Awarding the applicant the Combat Action Badge with an effective date of 24 February 2008. b. Adding the Combat Action Badge to the following DD Forms 214: * DD Form 214 with an effective date of 6 June 2008 * DD Form 214 with an effective date of 22 April 2012 * DD Form 214 with an effective date of 6 June 2013 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: 30 January 2018 DOCKET NUMBER: AR20160014836 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :RCJ :DRA :RAH GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160014836 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 he was personally present and actively being engaged by enemy forces on 24 February 2008 at Camp Bucca, Iraq. In accordance with Military Personnel (MILPER) Message 11-268, table 8-1, step 5, note 3, it is extremely reasonable to assume that he could have been injured or killed. a. He was located in a structure (Combat Housing Unit (CHU)) that was made of non-ballistic or non-concussion proof material such as sheet metal, plywood, and glass. He was within 50 meters of the immediate blast that killed a civilian employee, who was killed inside a similar structure. According to Army Field Manual (FM) 23-90 (Mortars), Chapter 7, paragraph 28, note 1, a tube fired projectile of similar size (120 millimeter (mm) rocket) has a kill radius of 60-75 meters. It is extremely reasonable to believe that he could have been killed or injured in the attack by either shrapnel, debris, or by the falling of contents (wall lockers, bunk beds, weapon systems, air conditioning units, shelves, etc.) within the structure that he occupied at the time of the incident. b. He does not find it reasonable to believe that he would not have been injured or killed because he was in the confines and "safety" of a structure. CHU's are the worst place a Soldier can be when close to an indirect fire (IDF) blast because of tertiary and secondary fragmentation of the structure due to blast and shrapnel. The people who were killed and wounded were in their CHU's at the time of the blast. It is the applicant's belief that there was error in his wording and delivery of the facts. He should have probably been a little more detailed with regard to the likeliness of injury or death. He assumed that the size and viciousness of the blast and the fact that it killed and wounded his neighbors in their CHU's would have diminished any assumptions regarding his "safety" during the incident. It is the applicant's belief that, based on the facts and evidence provided, he meets all requirements for award of the Combat Action Badge. 3. In a Narrative of Events the applicant stated: a. At 2300 hours the night of 24 February 2008, he was in his CHU when the forward operating base (FOB) came under IDF attack. A total of four rockets were fired that night: two landed outside the wire, while the first two landed in or within 100 meters of the housing area for Companies A and B, 1st Battalion, 181st Field Artillery (FA). The most immediate threat was a 120mm rocket that impacted a CHU between 30-50 meters northwest of his location. b. Upon impact of the closest blast he took cover on the floor of his CHU. Simultaneously, the blast and concussion projected through the CHU and him with such force that it felt as though the CHU was lifted off the ground and shaken. Their wall lockers and contents were knocked over, their weapons systems fell from their homemade weapons racks, and the air conditioner (AC) unit fell out of the wall. There were large objects hitting his CHU such as shrapnel, debris, and rocks. The blast had even warped the framing and sheet metal and plywood walls of his CHU and many others within their housing area. c. The immediate blast penetrated through portions of protective HESCO barriers (a collapsible wire mesh container and heavy duty fabric liner used as a blast wall against explosions or small-arms) spraying shrapnel and debris into the company living area and completely destroyed two CHUs within 30 meters of his location. The blast killed one civilian contractor who occupied his CHU and wounded several other civilian contractors. It was very reasonable to believe that they could have been injured or killed by the blast, debris, shrapnel, or falling contents within their CHU. They were well within the kill radius of a similar-sized tube-fired projectile (60 meters). They were very fortunate and it was miraculous that casualties were not higher considering the location, population, and power of the impact. 4. The applicant provides: * orders for deployment to Iraq * nine DA Forms 2823 (Sworn Statement) * DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 June 2008 * Enlisted Record Brief (ERB) * letter, dated 11 June 2015, from his Congressional representative * memorandum, dated 5 August 2016, from U.S. Army Human Resources Command (HRC) CONSIDERATION OF EVIDENCE: 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 22 February 2000, the applicant enlisted in the Tennessee Army National Guard (TNARNG) for 8 years. He has extended this enlistment five times and is currently serving in an Active Guard/Reserve (AGR) status as a staff sergeant (SSG). 3. On 22 February 2000, the applicant was assigned to Battery C, 1st Battalion, 181st FA, in military occupation specialty (MOS) 13M (Multiple Launch Rocket System Crewmember/High Mobility Artillery Rocket System). 4. Joint Force Headquarters, TNARNG, Nashville, TN Orders 157-206, dated 6 June 2007, ordered the applicant to active duty as a member of his Reserve Component unit for a period not to exceed 400 days in support of Operation Iraqi Freedom. He was to report to his home station on 4 June 2007 and to the mobilization station on 12 June 2007. 5. On 25 February 2008, the applicant submitted a sworn statement concerning a rocket attack at Camp Bucca, Iraq, on 24 February 2008. The DA Form 2823 indicates his organization as A Company, 1st Battalion, 181st FA Battalion, Quick Reaction Force (QRF). At approximately 11:00 pm on 24 February 2008 they came under a rocket attack. He heard rockets or mortars buzz overhead and immediately hit the ground. He heard a very large explosion that occurred less than 50 meters away, followed by sounds like debris landing on the ceiling of the CHU. When he looked outside it was dusty and people were hollering. Specialist (SPC) C and Sergeant (SGT) M were running to assist other people on the other side of HESCOs. One person was killed in the contractors' CHU just opposite of the CHU where he lived with SPC C and SPC S. 6. On 13 June 2008, the applicant was released from active duty. He completed 1 year and 10 days of active service that was characterized as honorable. His ERB and his DD Form 214 show he was deployed to Iraq from 29 August 2007 - 22 May 2008. The applicant's official military personnel file (OMPF) contains two additional DD Forms 214. * DD Form 214 with an effective date of 22 April 2012 * DD Form 214 with an effective date of 6 June 2013 7. On 11 June 2015, the applicant's Congressional representative submitted a request for the award of the Combat Action Badge to the applicant. Six sworn statements were submitted with the letter. a. In a sworn statement dated 1 May 2015, SGT TJG stated Camp Bucca, Iraq, was attacked on 24 February 2008. He remembers two impacts in the vicinity of A Company, 1st Battalion, 181st QRF, Soldiers and civilian contractors. After the initial hit he and the applicant took cover on the floor of their CHU. The second blast rattled their building and dust covered everything. When he recovered he began looking for injured Soldiers and assessing any damage. After everything settled down they realized how close the rockets had actually been to their CHU. There were many pieces of shrapnel stuck in buildings and littered about. b. In a sworn statement dated 1 May 2015, Master Sergeant (MSG) RSM stated at around 2300 hours on 24 February 2008, Camp Bucca was engaged by IDF. During that time he was noncommissioned officer in charge (NCOIC) of operations for the company and was asleep in his CHU. The two rockets landed in the living area that A Company, 1st Battalion, 181st FA Battalion, QRF soldiers lived. At the time of the blasts he was asleep in his CHU. He was awakened by loud blasts followed by IDF alarms. The last rocket impact landed within 50 meters of the majority of the CHUs where A Company Soldiers lived. The attack left one civilian contractor dead and several contractors wounded. There was a large amount of debris from the nearest blast thrown all around the living areas and some Soldiers were visibly shaken due to the proximity of the blast. Fortunately no Company A, 1st Battalion, 181st FA Battalion QRF, Soldiers were injured and they were able to attain accountability. Soldiers who were in the area who can validate the events on the night of 24 February 2008 are Major (MAJ) MK, SSG BR, MAJ PA (Company Commander), Sergeant First Class (SFC) KD, SSG JC, the applicant, and SPC JM. c. In a sworn statement dated 1 May 2015, SFC JLP stated that at approximately 2300 hours on 24 February 2008, Camp Bucca, Iraq, was engaged by IDF. (1) Two rockets impacted the housing area that quartered Companies A and B, 1st Battalion 181st FA Soldiers, civilian, and KBR contractors. Two rounds impacted within about 100 meters of the company living area. The immediate threat impacted a CHU within 15 meters of some of the housing units of Companies A and B, 1st Battalion, 181st FA Soldiers. The blast left one civilian contractor dead and several severely wounded. The second round closest to the company's living area occurred about 100 meters south southwest and landed in the open area near some concrete bunkers where it wounded a couple of KBR contractors. (2) SFC JLP was the NCOIC working crater analysis on the night of 24 February 2008. From their findings on crater analysis it was determined that these were 120mm rockets and they were fired from Um Quasar. The blast projected debris and shrapnel over 250 meters in an omni-directional pattern. One "gator" and a Ford Explorer were destroyed and large chunks of metal, wood, and shrapnel were observed in a 100-150 meter radius. d. In his sworn statement, SFC JLP provided a diagram of the attack area. It shows one impact area in two CHUs housing civilian contractors and in close proximity to the CHUs housing Soldiers from Companies A and B. A HESCO is shown between the CHUs for the civilian contractors and the CHUs for Companies A and B. e. In a sworn statement dated 2 May 2015, SPC APB stated on 24 February 2008 at 2300 hours Camp Bucca was engaged by rockets. Two of the rockets impacted in the housing area of A Company, 1st Battalion, 181st QRF, and civilian contractors. He just made it back to his CHU when he heard incoming rounds and sirens that was followed by a "swoosh" and a loud explosion that shook the CHU. He took cover by the bunk and saw SPC G, SPC S, SGT R, SGT W, and the applicant taking cover also by their bunks. As they all were on the ground the blast pelted the CHU with large chunks of debris, knocked stuff out of the wall lockers, and just about knocked the AC unit out of the wall. The rocket impacted less than 50 meters to the northwest of them. The area was very dusty and there was smoke from a CHU that the rocket had hit. The HESCO wall next to the CHU was partially blown down. Debris was all over the area – large chunks of metal, pallets, wood, and what looked like insulation. Amazingly no one in their company was wounded; however one contractor was killed and several were wounded. f. In a sworn statement dated 3 May 2015, SSG JTC stated on 24 February 2008 Camp Bucca was engaged by mortars or rockets. Two of the rounds impacted in the housing area of Company A, 1st Battalion, 181st QRF, and KBR contractors. He was off duty in his CHU when he heard incoming mortars or rockets and sirens that was followed by a "zip" and a very loud explosion that shook the CHU. He immediately took cover with the Soldiers in his CHU (SPC S (SSG), SPC S (SGT retired), SPC J (SGT), SGT P (first lieutenant (1st LT)), and SGT S (Retired). As they all were on the ground the blast hit the CHU with debris, it knocked their gear and equipment off the wall lockers and bunks. SPC S was yelling and checking on them for fear that shrapnel was hitting the building. Once they realized they were alright they all ran out to find cover in the bunkers, check on their buddies, and get accountability. They tried to take cover under the bunkers with SPC T, SPC M, SPC H, SPC M (discharged), SPC AB, [the applicant], SPC G, and some other B Battery guys. The rocket impacted less than 30 meters to the southwest of them. The area was very smokey from a CHU that the rocket had hit. The HESCO wall next to the CHU was destroyed. The area was littered large chunks of metal and wood. Fortunately no one in their company was wounded, however one contractor was killed and several were wounded. g. In a sworn statement dated 5 May 2015, MAJ MAK stated he was the Battle Captain for the 391st MP Battalion during the IDF event on 24 February 2008 at approximately 2300 hours at Camp Bucca. Two rounds of IDF landed in very close proximity to the living quarters of the 1st Battalion, 181st FA, enlisted Soldiers. The estimated distance of impact to the living quarters was less than 50 meters on one impact and approximately 100 meters from the other impact. Both impacts landed in the contracted workers' living area. There was a row of HESCO barriers separating the living quarters of the 1st Battalion, 181st FA, enlisted Soldiers living quarters and contracted workers which reduced the blast/fragmentation area. The impact of the IDF resulted in the death of one local national (contracted labor) and many injuries in addition to physical damage to the CHU. Soldiers were knocked out of beds, wall lockers were toppled over, and shrapnel/debris from the impact was found up to approximately 100 meters away from both impact areas. 8. In a sworn statement dated 14 July 2015, MAJ PGA stated he was the Commander of Alpha Company, 1st Battalion, 181st FA, during its deployment to Camp Bucca, Iraq from June 2007 through May 2008. He was writing this sworn statement because of the loss of Combat Action Badge awards submitted and lost during a 2007-2008 deployment to Iraq. He was on leave during the incident and was notified upon his return. a. During the night of 24 February 2008, Camp Bucca underwent an IDF attack in which two rockets impacted the lower enlisted and civilian contractors billeting areas. One rocket impacted a civilian contractors housing unit that was 20 meters to the closest housing unit of his company and 80 meters to the farthest housing unit of his company. The rocket explosion killed one civilian contractor and wounded another civilian contractor. The second rocket impacted around 100 meters from the first rocket with no casualties. Soldiers from his company (SSG P and SPC N) were on the crater analysis team and conducted their analysis to determine direction of flight to send out the QRF shortly after the IDF attack. There were no other casualties from this incident. b. Once on ground at Camp Bucca, he was brought up to speed and informed all sworn statements for the IDF were gathered and ready for the submission of the Combat Action Badge. From this point forward the tracking of this award was lost. 9. In a sworn statement dated 6 July 2016, the applicant stated at or around 2330 hours on 24 February 2008 his unit was engaged by anti-Iraqi forces with IDF. Two IDF rounds landed within 100 meters from his location, one of the rounds landed less than 50 meters north west from his location. The blast closest to his location killed a contractor who was in his CHU and wounded several others in surrounding CHUs. The blast shook the CHU that SPC G, SPC AB, and the applicant occupied. The concussion of the blast knocked over many objects in their CHU to include weapons systems, wall lockers, shelves, and an AC unit mounted on the wall near the entrance of their CHU. Wood, metal, and shrapnel pelted their CHU and surrounding CHU's. The applicant personally viewed shrapnel and debris that was littered in about a 100-200 meter radius around their living area. Out of 8 IDF attacks that they experienced this was the closest attack they had ever experienced and they were very fortunate that they were not killed or injured by falling objects, debris, or shrapnel. 10. In a memorandum, dated 5 August 2016, HRC denied the award of the Combat Action Badge for the applicant. HRC stated IDF from the enemy was present on the base camp; however, the applicant was located inside of a structure with no indication that he was in immediate danger. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), effective 25 July 2015, 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. Paragraph 8-8c(3) states "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. MILPER Message 11-268, issued 2 September 2011, Table 8-1 (Steps for Processing Award of Combat Badges), Note 3, states narratives and sworn statements of incidents will include the specific date of the incident, proximity of the Soldier to the impacted area or small arms fire (in meters) and whether the Soldier could have reasonably been injured by the blast, detonation or explosion. This message expired on 30 September 2013. 3. Paragraph 7-28 of FM 23-90 states the M57 high explosive and M91 illumination and M68 smoke cartridges are authorized to be fired from a ground-mounted 120-mm mortar. Note 1 states that when using enhanced ammunition, the bursting area of the round is 75 meters. When using non-developmental item ammunition, the bursting area of the round is 60 meters. DISCUSSION: 1. The criteria for award of the CAB require the Soldier to be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. However, the regulation does not specify an individual must be in a certain level of danger. 2. SFC JLP, the NCOIC working crater analysis, stated that based on the findings on crater analysis it was determined that Camp Bucca received IDF from 120mm rockets and they were fired from Um Quasar on 24 February 2008. 3. FM 23-90 states when M57 high explosive rounds are fired from a ground-mounted 120-mm mortar the bursting area of the round is 75 meters. When using non-developmental item ammunition, the bursting area of the round is 60 meters. 4. The applicant stated he was located in a CHU that was made of non-ballistic or non-concussion proof material such as sheet metal, ply wood, and glass. He was within 50 meters of the immediate blast that killed a civilian employee, who was killed inside a similar structure. 5. Sworn statements from MSG RSM, SFC JLP, SPC APB, SSG JTC, and MAJ MAK stated one of the rockets impacted within 50 meters of A Company's CHUs. 6. The applicant describes large objects hitting his CHU such as shrapnel, debris, and rocks. Sworn statements described large amounts of debris, including large chunks of metal and wood present after the attack. Sworn statements described wall lockers being knocked over and an AC unit falling out of the wall. 7. SFC JLP provided a diagram of the attack that shows a HESCO between where the impact area was and where A Company's CHUs were. However, SFC JLP and SSG JTC stated the HESCO next to the CHU hit by the rocket was partially blown down and destroyed. 8. HRC determined the applicant was inside of a structure with no indication he was in immediate danger. It is noted that the personnel who were killed or injured during the attack were housed in the same type of CHU the applicant was in at the time of the attack. The applicant's CHU was within the burst area of a 120mm rocket. This would indicate the applicant could have reasonably been injured by the blast, detonation or explosion. He could have been killed or injured in the attack by either shrapnel, debris, or by the falling of contents (wall lockers, bunk beds, weapon systems, AC units, shelves, etc.) within the structure that he occupied at the time of the incident. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160014836 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014836 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2