ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20170019308 APPLICANT REQUESTS: Award of the Combat Action Badge (CAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Order C2-134-1109, Headquarters, U.S. Army Garrison, Hawaii, Schofield Barracks, Hawaii, dated 14 May 2010 * page 2 of DA Form 638 (Authorization For Award), dated 27 March 2011 * narrative, Bronze Star Medal (BSM), undated * page 2, DA Form 2166-B (Non-Commissioned Officer Evaluation Report), undated * Order C2-273-325, Directorate of Human Resources, Headquarters, U.S. Army Garrison, Hawaii, Schofield Barracks, Hawaii, dated 30 September 2011 * Enlisted Record Brief, dated 2 October 2012 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * email, sent from (Applicant) to U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 14 March 2017 * memorandum for record (MFR), (Applicant), undated * MFR, SSG R____ J. P____, undated * memorandum, U.S. Army, Pacific, Fort Shafter, Hawaii, 11 August 2017 * CAB worksheet, dated 10 October 2017 * letter, U.S. Army HRC, Fort Knox, KY, dated 10 October 2017 FACTS: 1. The applicant states: a. He submitted a retroactive request for the CAB after a discussion with his previous squadron commander, who was unaware an application was not submitted on his behalf. His request was denied. b. His application contained an award for the BSM which states on multiple occasions he was exposed to serious risk. c. While deployed, his forward operating base (FOB), FOB Cobra in the Diyala province (Iraq), was attacked from indirect fire on multiple occasions. He remembers the explosion (28 July 2010) being so loud his ears were ringing. Several Soldiers were awarded Purple Hearts. The incident resulted in he and his Soldiers capturing enemy insurgents and his belief that they were in imminent danger. 2. He enlisted in the Regular Army on 2 August 1988, and served in Iraq from 30 June 2010 through 23 June 2011. 3. He provided page two of a DA Form 638, dated 27 March 2011, showing he was approved for award of BSM. 4. He provided an undated BSM narrative reading, "[Applicant] distinguished himself by exceptionally meritorious conduct in the performance of outstanding service to the U.S. as the Operations Sergeant Major, 2nd Squadron, 14th Cavalry Regiment, 2nd Advise and Assist Brigade, 25th Infantry Division,-North from 30 June 2010 to 30 June 2011 during Operation Iraqi Freedom and Operation New Dawn." 5. He provided page 2 of an NCOER for the period ending 1 September 2011. This evaluation makes reference to capture of three suspected Iraqi insurgents near the point of origin during an indirect fire attack on Forward Operating Base Cobra. The date of this incident is not noted. 6. Section VIII – Awards and Decorations of the ERB, dated 2 October 2012, which he provided, does not list the CAB among his awards and decorations. 7. The DD Form 214 does not list the CAB among his awards and decorations. 8. He provided an email, dated 14 March 2017, containing a series of inquiries and responses between he and U.S. Army HRC, in which the criteria for the CAB are discussed. 9. He provided a copy of a CAB worksheet, dated 10 October 2017, which was marked "No" to questions "Did the service member engage the enemy?" and "Was there a reasonable risk to life?" 10. He provided an undated MFR, in which he stated, "[O]n 28 July 2010 the Forward Operating Base Cobra received enemy indirect fire from mortar and rocket attacks on five different points of impact one being within 100 meter of the Combat Tactical Operations center (CTOC) I was located in." 11. He provided an undated MFR from SSG R____ J. P____. He stated: a. The applicant was engaged by enemy fire at least twice the first week between 1 July 2010 and 10 July 2010 as we were part of the first team to arrive to Iraq. We were sleeping in containerized housing units (CHU). During that first week the FOB was attacked with mortar rounds landing 20 meters on the other side of the t-walls where the CHUs were located. b. On 28 July 2010 FOB Cobra was struck by at least five mortar rounds, one of which landed within 100 meters of our TOC. The applicant was in the TOC during the mortar attack. The applicant coordinated the squadron's response. Two Soldiers were wounded by the enemy fire and awarded Purple Hearts. 12. He provided an MFR from COL J____ P. I____, dated 11 August 2017, essentially reporting the incident in word-for-word statements. 13. A letter from U.S. Army HRC, dated 10 October 2017, declined his application for award of the CAB, stating the incident did not meet the basic requirement for the CAB in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-8c. 14. Army Regulation 600-8-22 (Military Awards) states 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. 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. BOARD DISCUSSION: After reviewing the Record of Proceedings and all supporting documents, the Board determined that evidence supports granting relief by awarding the Combat Action Badge to the applicant based upon the applicant’s receiving a Bronze Star Medal with narrative describing the events and receiving a letter from his Squadron Commander who said that it was an oversight that the applicant was not submitted for a CAB. The Board found that the incident under review meets the criteria for award of the CAB. 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 his DD Form 214 by awarding him 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 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. 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. ABCMR Record of Proceedings (cont) AR20170019308 5 1