ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 June 2019 DOCKET NUMBER: AR20170009061 APPLICANT REQUESTS: reversal of the decision by the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC) to deny him award of the Combat Action Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Request to Board to Obtain Classified Documents * Letter from Department of the Air Force – Office of the Secretary, dated 4 June 2014 * Self-Authored Statement * CNN Article, dated 23 February 2017 * The Adjutant General Directorate (TAGD) Frequently Asked Questions Page * DD Form 149 for Fellow Applicant, RWW * RWW Statement * Letter from Human Resources Command, dated 14 Dec 16 * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states he is appealing to the Board for award of the Combat Action Badge and the denial by the HRC on 14 December 2016 was an injustice. The criteria of Army Regulation (AR) 600-8-22 (Military Awards), paragraph 8-8(b), dated 25 June 2015 was satisfied and the intent of the regulation was met. He believes HRC has set legal precedent by denying the request and would like the matter reviewed and considered by the Board. 2. The applicant provides: a. A letter to the Board, dated 1 February 2017, requesting classified information pertaining to the mission be obtained, if possible, to serve as supporting documentation. b. A letter from the Department of the Air Force, Office of the Secretary, dated 4 June 2014, confirming the applicant was a passenger in the aircraft that received small arms fire and took evasive maneuvers. Further information was not provided due to the classification of the mission. c. His self-authored statement with his justification for the Combat Action Badge: (1) On the evening of 5 September 2010 while traveling in an official capacity on a U.S. Air Force (USAF) C-130 aircraft, the plane came under fire by heavy machine gun and rocket fire which forced the pilots to take evasive maneuvers to avoid being hit, including rapidly dropping in altitude. Crew and cargo were tossed as a result and the pilots immediately communicated to exit the kill zone. The following morning a classified after action report (AAR) confirmed the aircraft was engaged and narrowly missed by enemy fire. The pilots noted rounds transited in front of the aircraft and an unknown rocket detonated over the aircraft. The applicant listed the Soldiers aboard USAF TN37867, Mission ID FMUA13107248. (2) An excerpt for the Combat Action Badge from AR 600-8-22, paragraph 8-8b(3), dated 25 June 2015, is quoted and the applicant underlines the verbiage “or being engaged by the enemy.” He believes the event meets the intent and criteria for the award and the Soldiers listed deserve recognition in accordance with (IAW) AR 600-8-22. He further noted: * all Soldiers in said aircraft were serving with the U.S. Army * in an area where hostile fire pay was authorized and performing their assigned wartime duties in support of Operation Iraqi Freedom * all Soldiers listed were personally present and actively engaged by the enemy and performed satisfactorily * assigned to a medical brigade and not a combat arms unit, but would not qualify for the Combat Infantryman Badge or Combat Medic Badge (3) HRC denied the request for the Combat Action Badge stating “there was no imminent danger to you from the enemy small arms fire… this is no different from being located inside a structure while on base came during an indirect fire attack.” The regulation was misinterpreted and imminent danger is not a stated requirement for the award. (4) He reiterates that the aircraft was required to take evasive maneuvers and they were being actively engaged, as prescribed by the regulation. The pilots stated the rounds were within one plane length and they believed their passengers were in imminent danger. He offered a prior scenario in which he understood he would not be eligible for the Combat Action Badge since they were not near the point of impact. While previously serving at Victory Base Complex, he watched insurgent mortar rounds pass over head, he was not within the impact zone, and he would not request the award under the circumstances. (5) Three examples are provided that are not aligned with the reason HRC stated, “being located inside a structure while on a base camp during an indirect fire attack,” as the basis for his denial of the Combat Action Badge: * Task Force (TF) 807, Medical Command, received the award for the entire unit for an inbound rocket that was destroyed with no damage or injuries * Major General Petraeus had his helicopter fired upon by insurgent enemy forces with no damage to staff or equipment and he was awarded the CAB * Troops bracketed by indirect fire while a vehicle is in transit (6) He noted that all of the above are instances where Soldiers were present and actively engaged or being engaged by the enemy. He explained his knowledge of the activities of TF 807 because he was required to process the paperwork and he believes his case is similar and meets the criteria. He acknowledged that the regulation provides clear guidance and additional criteria should not be added such as requiring that the aircraft sustain damage in order to qualify for the Combat Action Badge. The intent is to recognize personal sacrifice. He quotes a spokesperson from Operation Inherent Resolve in the CNN article provided, “when someone is specifically shooting at you, this is combat.” The applicant stated he felt that defined the intent of the Combat Action Badge. In summary, he requests the Board take into consideration all the evidence and the AAR. He felt Soldiers on this mission were at a disadvantage since no further information was provided due to its classification. d. A CNN article dated 23 February 2017, which includes the quote referenced in his self-authored statement that defined combat as it should be considered for awarding the Combat Action Badge. e. The TAGD page for frequently asked questions dated 6 March 2017, included references for the Combat Action Badge, criteria, and background for the award. Specifically, a Soldier can be recommended for award of the Combat Action Badge while performing his or her duties on board an aircraft flying patrol over a combat zone. f. The DD Form 149 for a fellow passenger listed in his letter to the Board is also included along with his statement of the account leading to their application of the Combat Action Badge. g. HRC denial letter, dated 14 December 2016. 3. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve on 16 May 2001. b. He was mobilized and entered active duty on 21 March 2010. He served in Iraq from 23 April 2010 to 12 March 2011. He was assigned to 807th Medical Detachment as a 42A, Human Resources Specialist. c. He was honorably released from active duty on 22 April 2011. His DD Form 214 shows he completed 1 year, 1 month, and 2 days of active service. It also shows he was awarded or authorized: * Army Commendation Medal (3rd Award) * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with Campaign Star * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Armed Forces Reserve Medal with M Device d. On 14 December 2016, the Awards and Decorations Branch at HRC disapproved his request for award of the Combat Action Badge for service performed in support of Operation Iraqi Freedom. A Soldier must be personally present and actively engaging or being engaged by the enemy, and could have been reasonably injured by the blast, detonation, explosion, or round. The applicant’s request does not meet the aforementioned basic requirement for award of the Combat Action Badge under the provisions of AR 600-8-22, paragraph 8-8. * AR 600-8-22, paragraph 8-8 (b)3 states the Soldier must be personally present and actively engaged or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement * In his case, the aircraft took evasive maneuvers to avoid small arms fire and there was no imminent threat to the applicant from the small arms fire * This is no different from being located inside a structure while on a base camp during an indirect fire attack 5. By regulation, the Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy. The requirements for award of the Combat Action Badge are branch and MOS (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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant did not meet the qualifications for the CAB. The Board concurred with HRC’s assessment that the applicant was not in imminent danger in the C-130. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X 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: Army Regulation (AR) 600-8-22 (Military Awards) states the Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy. The requirements for award of the Combat Action Badge are branch and MOS (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. Award of the Combat Action Badge is authorized for the following operations: * Afghanistan (Operation Enduring Freedom, 18 September 2001 to 31 December 2014; Operation Freedom’s Sentinel, 1 January 2015 to a date to be determined) * Iraq (Operation Iraqi Freedom, 19 March 2003 to 31 August 2010; Operation New Dawn, 1 September 2010 to 31 December 2011) * Operation Inherent Resolve, 15 June 2014 to a date to be determined ABCMR Record of Proceedings (cont) AR20170009061 6 1