ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20180002899 APPLICANT REQUESTS: reversal of the U.S. Army Human Resources Command, Army Decoration Board's decision 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) * Self-Authored Statement * Two Witness Statements * Human Resources Command (HRC) Letter dated 5 January 2008 FACTS: 1. The applicant states he recently applied for a retroactive Combat Action Badge and was denied on 5 January 2018 because the witness statements he included did not provide clear evidence of risk of being personally engaged or being actively engaged by the enemy. a. The statements he included provided by name references and included detailed descriptions of the rockets and their proximity to himself and other Soldiers. The rocket attacks were not because of friendly fire and he believes the reason for denial is unreasonable. He served in a hostile fire area on a base that was constantly under rocket attacks. b. He further stated he met all four requirements identified by the regulation. The most important criteria for the Combat Action Badge for indirect fire was the proximity to detonation and the likelihood a Soldier could have been injured. In his witness statements it clearly mentioned that the rockets took place within 45 to 50 meters of himself and other Soldiers within the unit and anyone could have been injured. c. He was deployed from 18 April 2012 through 8 January 2013 as a Communications Sergeant with the 781st Transportation Unit. The first day at Kandahar Airfield Operating Base, he recalled an intense series of at least 12 rocket attacks which left him lying under his bunk wondering if they would make it a full year. The second rocket hit about 45 meters away and he believed in his heart they were going to die and remembers being yelled at to get to the closest bunker and remain there until further notice. The event carried on for the next four hours. He could not imagine it could get any worse, but was mistaken. d. In June of that year, leaders were relieved of command and major changes took place after the death of two Soldiers on 24 June. The Soldiers were burned alive after a gas tanker hit the vehicle they were driving. They were all is the same Battalion and attended the ceremony which is a picture that also tears him to pieces. e. In October 2012, they were returning in a convoy when he heard a loud explosion about 25 meters in front of the vehicle he was in. The convoy commander began shouting to push through the kill zone and not to look at anything to the sides. Not knowing what was going on he looked to the sides and what he witnessed changed his life forever. There was two vehicles burning and several men blown to pieces. At least three or more had their heads detached from their bodies and they later learned that it was a high official that was assassinated. They drove so fast that another Soldier had to be returned stateside after receiving TBI injuries that left her speech, balance, and memory affected. f. There were many hostile incidents throughout the deployment. A perimeter breach left them on lockdown for at least three hours during a visit from the Secretary of Defense around the holidays. A Soldier was killed right outside of the gate shortly after he departed. Insurgents knew important people would visit around the holidays. g. The deployment took a major toll on him mentally, physically, and emotionally. He has problems sleeping most nights because he has vivid flashbacks of those nights, as if it happened yesterday. There have been significant changes in his health because of his post-traumatic stress disorder and in his eyes, it is clearly related to the October night in Afghanistan. 2. The applicant provides: a. A witness statement from X__ dated 30 October 2017. The witness, a member of the same unit, reaffirmed the applicant’s description of what took place the first night they arrived in Afghanistan. The rockets were at least 107 mm or larger and were landing within 45 to 50 meters of the bunker. They remained inside the bunker until given the “all clear” and were allowed to return to their tents. The events of that evening left them startled and it left an impact on her she will remember the rest of her life. b. A witness statement from X___ dated 30 October 2017. He indicated that every Soldier in their unit should have received a Combat Action Badge due to the series of attacks that they encountered the first night in theater. He confirmed the accounts of the applicant and further stated that he was on a tour of the airfield when the attacks began. By the time he reached their living area, after several stops to take cover, the rockets were approximately 40 meters from them. He ordered the applicant and other Soldiers that were in their cots to take cover in the nearest bunker. There is no doubt in this mind that if the rocket had hit their tent they could have been injured or killed. c. HRC denial letter dated 5 January 2018. It states the incident does not meet the basic requirement for award of the Combat Action Badge in accordance with Army Regulation (AR) 600-8-22 (Military Awards), paragraph 8-8c. The witness statements provided in support of his request do not provide clear evidence of risk of being personally engaged or actively engaging the enemy. 3. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard on 3 August 2009. b. He was mobilized and entered active duty on 14 April 2012. He served in Afghanistan from 18 April 2012 to 8 January 2013. He was assigned to 781st Transportation Company serving as a 25U (Signal Support Systems Specialist), as evidenced by his DA Form 2166-8 (NCO Evaluation Report). c. On 20 February 2013, he was honorably released from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 1 year and 8 days of active service with 5 months of prior active service and 2 years, 1 month, and 10 days of prior inactive service. It also shows he was awarded or authorized: * Afghanistan Campaign Medal with campaign star * Army Commendation Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Armed Forces Reserve Medal with M Device * NATO Medal * Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp d. On 22 August 2015, he was discharged from the Army National Guard and placed in the Retired Reserve due to permanent physical disability. His NGB Form 22 (Report of Separation and Record of Service) shows he completed 7 years and 20 days total service for pay and 6 years total service for retired pay. e. On 5 January 2018, the Soldier Program and Services Division at HRC disapproved his request for award of the Combat Action Badge for service performed in support of Operation Enduring Freedom. 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. The witness statements provided in support of the request do not provide clear evidence of risk of being personally engaged or actively engaging the enemy 4. 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 found the relief was not warranted. The applicant’s contentions and the witness statements were carefully considered. He is requesting the CAB for an incident that occurred on 18 April 2012, while deployed in support of OEF. The applicant was denied relief by HRC when HRC noted the witness statements do not provide clear evidence of risk of being personally engaged or actively engaging the enemy. It appears he did not provide additional evidence to bolster his request when applying for this Board’s consideration. He returned from deployment on 8 January 2013. The criteria for the CAB was well known by leaders after years of war in OEF and OIF. Supposing the one witness statement was accurate noting all personnel should have received the CAB during the incident, it is clear the chain of command did not approve everyone for the CAB during the next nine months in theater. The Board determined there is insufficient evidence to grant relief. 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. 9/11/2019 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 (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 //NOTHING FOLLOWS//