ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  16 December 2019

	DOCKET NUMBER:  AR20180006413


APPLICANT REQUESTS: to be awarded he Combat Action Badge


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from the Human Resource Center (HRC) to the applicant 
*	Letter from HRC, dated 23 October 2013
*	DA Form 4187 Personnel Action)
*	2 DD Forms 214 (Certificate of Release or Discharge from Active Duty)
*	Orders 11-097-00051
*	Self-authored Statement
*	DA Form 2-1 (Personnel Qualification Record)
*	2 DA Forms 2823 (Sworn Statements)

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:

   a.   On the morning of 29 July 2011, at approximately 0455 hours enemy insurgents 
attacked Forward Operating Base Sharana, located in Paktika Province Afghanistan 
with indirect fires.  He and three of his Soldiers were thrown out of their bunks by a 
107/122 mm rocket that impacted within 60 meters of their sleeping tent.  The blast 
impact knocked them out of their cots and knocked over their supplies, leaving 
equipment all over the floor.  Unaware of the circumstances of the attack, he ordered 
everyone to secure their weapons, don protective equipment, began conducting 
accountability and checked for casualties. 
    
   b.  He then directed everyone to the nearest fighting position.  Immediately after 
occupying the fighting positon, another 107/122 mm was fired from the South West and 
impacted 150m directly north of their position.  He then noticed that an attack weapons 
team (AWT) consisting of two AH-64 Apache gunships were en-route,  to what seemed 
to be the point of origin, South West of their location and the points of impact.  The AWT 
was able to identify scorch marks from the point of origin through their thermal cameras.

   c.  Thankfully, there were no injuries to personnel or damage to property during the 
enemy insurgent attack.  The all clear was given approximately 0550 hours by the base 
defense operations center and he continued with the planned mission for the day.  He 
performed his duties satisfactory in accordance with Army Regulation 600-8-22.

3.  The applicant provides:

  a.  A letter from HRC returning his request without action, due to a lack of required 
documentation.
  
     b.  A denial letter from HRC, dated 23 October 2013, which states the applicant's 
request for award of the Combat Action Badge for service performed in support of 
Operation Enduring Freedom is disapproved.  Under the provisions of AR 600-8-22, 
paragraph 8-8.c. (3) "Soldier must be personally present and actively engaging or being 
engaged by the enemy..." In addition, Milper Message 11-268 requires a stated 
distance (in meters) of the proximity of the Soldier to the impacted area and whether the 
Soldier could have reasonably been injured by the blast, detonation or explosion.
  
  c.  DA Form 4187 requesting the award of the Combat Action Badge for personally 
being engaged by the enemy.  It states that the applicant was within 100 meters from 
the impact of an Artillery and he performed duties while under fire.  
  
  d.  DD Form 214, for the period ending 18 July 2012.
  
  e.  Orders 11-097-00051 Active Duty Orders.
  
  f.  Orders DX-179-0029 Deployment Orders
  
  g.  A sworn statement from X__, dated 2 August 2011.  X__, a member of the same 
unit, reaffirmed the applicant's description of what took place.  He further stated it was 
reasonable to say himself, another Soldier and the applicant could have been killed or 
severely injured during the attack, but they performed their duties satisfactorily.
  
  h.  A sworn statement from X__, dated 2 August 2011.  X__, a member of the same 
unit, also affirming the applicant's description of what took place.  He also states that it 
could have been possible for the applicant or CM to have been injured or killed during 
the attack.

4.  A review of the applicant's service record shows:

a.  He enlisted in the U.S. Army Reserve on 24 January 2001.

   b.  He was mobilized and entered active duty on 10 May 2011.  He served in 
Afghanistan from 10 May 2011 to 18 July 2012.
   
   c.  On 18 July 2012, he was honorably released from active duty.  His DD Form 214 
shows he completed 1 year, 2 months and 9 days of net active service.  It also shows 
he was awarded or authorized the:
   
   
*	Afghanistan Campaign Medal with three bronze stars
*	Bronze Star Medal
*	Joint Service Commendation Medal
*	Army Commendation Medal
*	Army Achievement Medal
*	Meritorious Unit Commendation 
*	Army Superior Unit Award
*	Army Reserve Component Achievement Medal
*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Army Service Ribbon
*	Overseas Service Ribbon 2nd Award
*	Army Reserve Component Overseas Training Ribbon
*	Armed Forces Reserve Medal w/M Device
*	Military Outstanding Volunteer Service Medal
*	Nato Medal
*	Parachutist Badge
*	Air Assault Badge
*	Canadian Parachutist Badge'
*	Royal British Parachutist Wings
*	German Armed Forces Parachutist Badge Bronze

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 occupation specialty) immaterial.  
Assignment to a combat arms unit or a unit organized to conduct close or offensive 
comeback 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 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 there was 
insufficient evidence to show the applicant should have been awarded the CAB.  As 
stated in the HRC letter to the applicant, the applicant failed to provide a DD Form 4187 
endorsed by the first General Officer in his chain of command.  The applicant provided a 
DD Form 4187 signed by a COL.  As a result, the Board found insufficient evidenc 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.
	  
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 (AR) 600-8-22 (Military Awards) states the Combat Action Badge 
provides special recognition to Soldiers who personal engaged, or are engaged by the 
enemy.  The requirements for award of the Combat Action Badge are branch and MOS 
(military occupation 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)	 AR20180006413
	
4

1