ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 August 2019

	DOCKET NUMBER:  AR20170013378


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Action Badge (CAB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Permanent Orders (PO) Number 206-33
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 the CAB, for her service on 26 May 2006, per PO (Permanent Orders) Number 206-33, is not shown on her DD Form 214 and needs to be added.  She did not have her CAB orders issued/processed at the time of her out-processing at Fort Drum, NY.

3.  The applicant provides copies of PO Number 206-33, dated 26 January 2007, and her DD Form 214, for the period ending on 1 January 2008.

4.  Review of the applicant’s service record shows:

	a.  Having prior Army National Guard enlisted service, she was appointed in the U.S. Army Reserve (USAR) on 6 May 2001, with a concurrent call to active duty.  She entered active duty on 5 May 2001.  She served in:

* Iraq from 15 January to 16 July 2003
* Afghanistan from 3 March 2006 to 11 June 2007


	b.  PO Number 206-33, issued by Headquarters, Combined/Joint Task Force 78 on 26 January 2007, awarded her the CAB for service on 26 May 2006, by reason of being engaged by the enemy – direct fire.

	c.  She was honorably released from active duty on 1 January 2008 and was transferred to the USAR Control Group.  Her DD Form 214 shows she completed 6 years, 7 months, and 29 days of active service, which included 1 year, 9 months, and 11 days of foreign service.  This form also shows she was awarded/authorized the:

* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (5th Award)
* U.S. Army/U.S. Air Force Presidential Unit Citation
* Meritorious Unit Commendation
* National Defense Service Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization Medal

5.  By regulation (AR 600-8-22 (Military Awards)), the CAB is awarded to Soldiers who personally engaged, or are engaged by, the enemy.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the enclosed permanent order number 26-033, from HQ, CJTF 76, dated 26 January 2007, the Board concluded that there was sufficient evidence to show that the applicant was previously awarded the CAB and that award is not reflected on her DD Form 214.  The Board recommended granting the requested relief.


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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the Combat Action Badge.
	 
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:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The regulation states the Combat Action Badge is awarded to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy.  Specific eligibility requirements include:

* May be awarded to any Soldier
* Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized
* 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
* Soldier must not be assigned or attached to a unit that would qualify the Soldier


ABCMR Record of Proceedings (cont)	 AR20170013378


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