ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20170015762 APPLICANT REQUESTS: reversal of the previous decision by the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC) to deny him award of the Combat Action Badge (CAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * HRC letter * HRC CAB frequently asked questions * self-authored support statement * support statement from Sergeant Major X___ * Sergeant Major X___ CAB orders * sworn statement Captain X___ * CAB memorandum Captain X___ 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 he was denied retroactive award of the CAB by commander, HRC. He is asking for relief from the Army Board for Correction of Military Records 3. The applicant provided: a. HRC responded, by letter, on 23 March 2017, to the applicant desire to receive a retroactive award of the Combat Action Badge. The applicant attached a post-it on the letter that stated, “on page 3, number 13 of the Adjutant General Directorate sheet, it stated how far you need to be from an incident in order to be considered in reasonable danger and be eligible for a CAB”. b. A list of frequently asked questions about the CAB from the Adjutant General Directorate’s (TAGD) web page. c. A self-authored statement from the applicant, dated 6 December 2016. He stated his camp was attacked by an explosive rocket of unknown capacity. While in his tent the applicant heard the whistling sound of the rocket as it approached. He yelled a warning to his fellow Soldiers “incoming” and immediately went to the ground for cover. The rocket hit and detonated inside Camp Anderson no more than 20 meters away from his location. The rocket hit one of his platoon’s tents and the tent caught fire. Two or three other tent were damaged by shrapnel including the applicant’s tent. After the explosion had cleared, the applicant provided assistance to his fellow Soldiers. He stated a Soldier who was 75 meters away from the explosion was wounded in the neck and was bleeding. d. A support statement from Sergeant Major X___, dated 25 November 2016 stated he was the communications and electronics platoon sergeant for D Company, 123rd Main Support Battalion and was present during the attack on 10 April 2004. He stated the rocket impacted one tent which caught fire and the fire spread to other tents. Three tents received shrapnel damage causing one tent to collapse completely. He and the applicant were in one of the tents. After the blast, he provided assistance to his Soldiers who were putting out fires and accounting for Soldiers. SGM J.O.W. observed the applicant providing assistance to other Soldiers as the unit was recovering from the attack. e. A copy of Permanent Order 306-40, dated 2 November 2005, issued by B Company, 82nd Forward Support Battalion, Fort Bragg, NC. The order is issuing the CAB to SGM X___. The applicant attached a post-it note that stated, “he received this CAB for the incident that occurred at their camp in 2004. His new unit, 82nd submitted it for him since their unit, 1st Armored Division failed to do so”. f. A sworn statement from Captain X___, dated 3 May 2006, stating he was present during the rocket attack on 10 April 2004 at Camp Anderson. He stated the platoon was attacked by one explosive rocket of unspecified type. The rocket impacted inside Camp Anderson’s life support area of the 123rd Main Support Battalion. One tent caught fire as well as surrounding tents. He was approximately 40 meters away from the impact. After the blast he instructed his platoon sergeant to assist Soldiers and take a head count of Soldiers. Later it was reported to him that a Soldier had been wounded in the neck by shrapnel from the rocket and evacuated for medical treatment. The applicant attached a post-it indicating that the captain’s sworn “statement indicates the incident occurred. He received a CAB for this incident even though his tent was not hit in the attack”. g. A memorandum for record by Captain X___, dated 12 December 2005, stating he was present during the rocket attack on 10 April 2004 at Camp Anderson. He stated the rocket impacted inside Camp Anderson in the living area of the 123rd Main Support Battalion. One tent was hit directly and caught fire, as well as two surrounding tents. He was approximately 30 meters away in his tent. While in his tent he heard the whistle of the incoming rocket and took cover. After the blast, he directed his platoon sergeant to get a headcount of the Soldiers in the platoon. As he left his tent he noticed smoke from the other tents that were on fire. He then assisted Soldiers in extinguishing the fire. Later, he was informed that one of the Soldier had been wounded in the neck with shrapnel from the rocket and had been evacuated. The applicant attached a post-it on this memorandum that stated “CAB memo placing him at our camp. He received a CAB for this incident and his tent was not hit.” 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 12 May 2000. b. He served in Iraq from 6 May 2003 to 19 June 2004. He was assigned to Delta Company 123rd Main Support Battalion, Germany, as a 94E Radio & Communication Security Representative. c. He was honorably released from active duty on 16 June 2006. His DD Form 214 shows he completed 6 years, 1 month, and 8 days of active service. It also shows he was awarded or authorized: * Army Commendation Medal (2nd Award) * Army Achievement Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon d. On 27 March 2017, 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. HRC stated that 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 (Military Awards), paragraph 8-8. The witness statements provided in support of his request described the rocket attack occurred, however they did not indicate that the applicant was in immediate danger. 5. By regulation AR 600-8-22, states the CAB 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. Paragraph 8-8 (c)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 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and sworn statements were carefully considered. The Board agreed the sworn statements do not show he was in immediate danger while being engaged by the enemy. The Board agreed noting others were injured and that others received CABs for the incident, shows the command, having first-hand knowledge of the incident, recommended and supported the badge for those they deemed suitable. 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: 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) 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. 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. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Only one Combat Action Badge may be awarded during a qualifying period. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015762 5 1