ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 May 2019 DOCKET NUMBER: AR20170008265 APPLICANT REQUESTS: reconsideration of his previous request for award of the Combat Action Badge (CAB) and request for the Presidential Unit Citation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letters of Support * Order Number 008-318 * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140009299 on 19 February 2016. 2. The applicant requests a reconsideration of his previous application. He states that the awards are not listed on his DD Form 214. 3. The applicant provides: a. A letter of support from XXX states the applicant satisfactorily performed his assigned duties in accordance with the rules of engagement in both Kuwait and Iraq during combat operations. He was personally present while the unit was actively engaging the enemy as well as when the enemy was engaging the unit. b. A letter of support from XXX that states that the applicant was under enemy attack during Operation Iraqi Freedom in 2003. c. A letter of support from XXX that states that the applicant and his unit were subject to enemy direct and indirect fire attacks throughout the attack from the Kuwaiti border to the seizure of the Baghdad Airport. d. A letter of support from XXX that states that the applicant’s unit was deployed in support of Operation Iraqi Freedom. e. Order Number 008-318 showing that the applicant was ordered to deploy in support of Operation Enduring Freedom. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 28 February 2002. He held military occupational specialty 13M (MLRS Crewmember). b. He served in Kuwait and Iraq from 21 January 2003 to 4 June 2003 as part of C Battery, 3rd Battalion, 13th Field Artillery Regiment. c. He was honorably released from active duty on 27 February 2005. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years of net active service. It also shows he was awarded or authorized: * Army Commendation Medal * National Defense Service Medal * Army Service Ribbon * Global War On Terrorism Service Medal * Global War on Terrorism Expeditionary Medal d. There are is no indication in his service record that shows he was recommended for or awarded the CAB. e. Army Board for Correction of Military Records (ABCMR) Docket Number AR20140009299 on 19 February 2016 stated that there are no permanent orders in his records and he provides none to show he was awarded the Combat Action Badge during his period of service. Therefore, there is an insufficient evidentiary basis for granting him the requested relief. It also stated that if the applicant felt he meets the criteria for this badge, he may apply for retroactive award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command (HRC). f. The applicant has done so and his application is currently pending at the Awards and Decorations Branch at HRC. g. Headquarters, Department of the Army General Orders Number 2010-22, dated 24 November 2010, awarded the 3rd Battalion, 13th Field Artillery, the Presidential Unit Citation for extra ordinary heroism in action from 19 March 2003 to 1 May 2003. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is warranted. The applicant’s contentions were carefully considered. His record shows he was assigned to the unit at the time General Orders awarded the unit the PUC; however, it is not shown on his DD Form 214. The applicant has numerous letters of support showing eyewitness accounts of incidents in which he would qualify for the CAB. There are instances showing the approximate distance of mortar blast that do not show he was in harm. However, there is an incident listed on 23 March 2003 about a fire fight. The Board agreed to award the CAB effective the date of the fire fight. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 awarding him the Combat Action Badge (CAB) for engaging or being engaged by the enemy on 23 March 2003; and adding the CAB and Presidential Unit Citation to his DD Form 214. 6/3/2019 X CHAIRPERSON Signed by: 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: Army Regulation 600-8-22 (Military Awards) states: a. On 2 May 2005, the Chief of Staff of the Army approved the creation of the Combat Action Medal (CAB) to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. Eligible operations include Operation Iraqi Freedom during the period 19 March 2003 to 31 August 2010. b. 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. c. Specific eligibility requirements include: (1) May be awarded to any Soldier. (2) Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. (3) 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. //NOTHING FOLLOWS//