ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 March 2019 DOCKET NUMBER: AR20180010554 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 April 2004 to show: * Combat Action Badge * Rank of sergeant (SGT)/E-5 instead of specialist (SPC)/E-4 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Veterans Service Officer Coversheet * DD Form 214, for period ending 22 April 2004 * Photo of the NCO (Noncommissioned Officer) of the Quarter Plaque * Excerpt of DA Form 2823 (Sworn Statement) * DA Form 4187 (Personnel Action) (Previously Submitted Application) * Combat Action Badge Narrative (Previously Submitted Application) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090000101 on 14 May 2009. 2. The applicant states his last pay grade was SGT/E-5 not SPC/E-4 as indicated on his DD Form 214. He was also awarded the Combat Action Badge. Please see the Combat Action Badge Narrative for the 727th Transportation Company attached (submitted with initial application) and certificate from NCO of the Quarter from 727th Transportation Company, dated 11 September 2005. 3. The applicant provides: a. A Veterans Service Officer Coversheet, dated 25 July 2018, which shows that a Veterans Service Officer submitted an application on the applicant’s behalf with the following attachments: * DD Form 149 * DD Form 214 * DA Form 2823 * Copy of NCO of the Quarter Certificate b. Photo of the NCO of the Quarter Plaque for the applicant, dated 11 September 2005, for being recognized as the Soldier of the Quarter from 727th Transportation Company. c. Excerpt of DA Form 2823 (unsigned), dated 20 January 2006 from Staff Sergeant E , which states on 23 January 2004 while in support of Operation Iraqi Freedom, he was one of 14 Soldiers from the 727th Transportation Company filling driver slots in another company on a haul mission from Kuwait to Camp Anaconda, Iraq with a back haul mission from Mosul to Kuwait. They left Kuwait on 23 January 2004 and stayed overnight at Camp Navistar, Kuwait. On 24 January 2004, the convoy stopped at Camp Cedar to spend the night. On 25 January the convoy stopped at the airport to spend the night. On 26 January the convoy stopped at Camp Anaconda, Iraq to offload a medical battalion’s equipment and stayed the night with their sister unit. On 27 January 2004, they departed Camp Anaconda, Iraq and headed to Mosul to load equipment belonging to the 101st Airborne. They started loading equipment at around 2000 hours. While loading the equipment, it started to rain and continued well after they finished loading all the equipment around 2300 hours. They were directed to park overnight in a gravel parking lot which was 50 to 75 meters from the main perimeter. (1) On the morning of the 28th of January 2004 at around 0552 hours, he heard what he thought was thunder but actually it was a mortar attack. There was a loud boom and their truck was hit with gravel and other debris. He and his truck partner got up, got dressed and exited the cab of the truck. While exiting the truck, he heard somebody shouting that they were mortared and that they were receiving incoming enemy small arms fire. He heard the small arms fire and then heard the tower guard return fire in the direction of the incoming enemy small arms fire. He went over to where the gun truck was parked and saw that it was hit pretty hard by shrapnel and gravel. Four individuals were hurt with one being critically injured. After making sure the wounded were being attended to, he then went to account for the rest of the Soldiers. SPC X , the applicant, and SGT X were all accounted for and unhurt. He then reported the information to the platoon sergeant. By this time, the two most critically injured personnel were stabilized and evacuated. (2) Two camp security personnel arrived and took pictures and statements from a couple of the Soldiers. At this time, he found out that what he thought was thunder was actually two other mortars that impacted their area. One impacted 75 meters north of the parked vehicles and one impacted 50 to 75 meters behind the parked vehicles. The gun truck was loaded on a trailer due to severe shrapnel damage. The mortar impacted 26 paces from his truck, which was the third truck in the front line of trucks. The two trucks to his right had shattered windows and shrapnel damage. The critically injured Soldier was evacuated to Germany. They departed Camp Diamondback at around 0930 hours and traveled south. At 1100 hours, they avoided an improvised explosive device in the right lane of the highway. It looked as if it had been pulled out of the ground, but not detonated. They arrived at Camp Anaconda, Iraq and stayed the night. (3) On 29 January, they departed Camp Anaconda and 0800 hours and arrived at Camp Cedar and stayed the night. On 30 January they departed Camp Cedar at 0800 and traveled to Kuwait. They off loaded the equipment and then proceeded to Camp Arifjan, Kuwait. d. A DA Form 4187, dated 1 March 2006, requests that the applicant and other Soldiers be awarded the Combat Action Badge for personally engaging or being engaged by the enemy. The form is signed by Captain XXX. e. A Combat Action Badge Narrative for the 727th Transportation Company of the South Dakota Army National Guard (SDARNG) states: (1) The unit was activated in support of Operation Iraqi Freedom on 21 January 2003 and arrived in theater on 4 April 2003. The company deployed with 121 personnel and was stationed at various locations in Kuwait and Iraq. (2) The unit was attached to and provided support for a unit from 6 April 2003 to 23 September 2003 for which they received the Presidential Unit Citation. Following which they were transferred back into the command of the Army until re-deployment to the U.S. on 19 March 2004. (3) On 23 January 2004 the unit left on a mission to Mosul, Iraq. The convoy stayed overnight at various locations. On the morning of 28 January 2004 at approximately 0550 hours while the vehicles were staged, the convoy received incoming mortar and small arms fire. A total of three mortars landed within the immediate area, one to the northwest, one directly to the west and the last in close proximity on the southeast side of the convoy. All three mortar rounds threw debris and shrapnel into their area. The third mortar destroying a vehicle and damaging five [sic]. All Soldiers were located in or immediately around their vehicles at the time of the attack. Some sustained damage to their vehicles from shrapnel while exiting in or around their vehicles. Five were wounded. The rest of the Soldiers, including the applicant, were in the staging area at the time of the attack. (4) There were no incident reports due to 727th Transportation Company being additionally assigned to the mission to help out the other unit which was short drivers. The other unit did not complete a report. The leadership of the 727th was not even aware of the situation until 30 January 2004 when the tasked drivers returned from the mission. This was the last mission they aided that particular unit. (5) The Soldiers tasked to this mission showed professionalism and reacted to the situation accordingly. All Soldiers present from the 727th during this attack qualify for the Combat Action Badge due to their proximity, location, reaction and support during the incident. 4. A record of the applicant’s service records show the following: a. He enlisted in the SDARNG on 10 February 1997. b. He entered active duty for training on 27 May 1998. He was honorably released from active duty on 17 July 1998. He completed 1 months and 21 days of active service. c. He was promoted to SPC/E-4 on 10 August 2002. d. He entered active duty on 21 January 2003. He served in Kuwait and Iraq from 6 April 2003 to 20 March 2004. He was honorably released from active duty on 22 April 2004. His DD Form 214 shows he completed 1 year, 3 months, and 2 days of active service. It shows he was a SPC/E-4 with a date of rank of 10 August 2002. It also shows he was awarded or authorized: * Presidential Unit Citation (Navy-Marine Corps) * Army Reserve Components Achievement Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Army Service Ribbon * Driver and Mechanic Badge with Driver-W Bar * Overseas Service Bar (2nd Award) * Armed Forces Reserve Medal with “M” Device e. He was promoted to SGT/E-5 on 23 December 2004, after his release from active duty. f. He was honorably discharged from the SDARNG on 9 February 2006. His NGB Form 22 (Report of Separation and Record of Service) shows he was separated in the pay grade SGT/E-5 with a date of rank of 23 December 2004. g. On 27 November 2006, the Military Awards Branch, U.S. Army Human Resources Command returned the request for Combat Action Badge for five Soldiers, including the applicant, due to there being a problem with the documents. The Soldier and his proximity in meters to the action must be listed on all narratives and eyewitness statements; merely stating that the Soldier was present is insufficient. 5. His record is void of orders or documentation awarding him the Combat Action Badge. Additionally, his record is void of orders or documentation promoting him to SGT/E-5 prior to 23 December 2004. 6. By regulation: a. For award of the Combat Action Badge 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. Narratives and sworn statements of incidents will include the proximity of the Soldier to the impacted area or small arms fire (in meters) and whether the Soldier could have reasonably been injured by the blast, detonation or explosion. b. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief of this reconsideration. The Board agreed the promotion to SGT occurred after the period of service covered by the DD Form 214, and regulatory guidance to award the CAB was not met. 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 to amend the decision of the ABCMR set forth in Docket Number AR20090000101 on 14 May 2009. ___________X________________ Chairperson 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. Army Regulation (AR) 600-8-22 (Military Awards), currently in effect, provides Army policy, criteria, and administrative instructions concerning individual military awards. It states the Combat Action Badge was created on 2 May 2005 to provide 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 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 to 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 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 2. Military Personnel Message 11-268 (Approved Changes to AR 600-8-22) provides clarifying guidance for the combat badges. It states, in pertinent part, narratives and sworn statements of incidents will include the following: * Specific date of the incident * Proximity of the Soldier to the impacted area or small arms fire (in meters) * Whether the Soldier could have reasonably been injured by the blast, detonation or explosion 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents that are furnished individuals who are retired, discharged, or released from active military service, including members of Reserve components on active duty for training or full-time training duty. It states for: * item 4 (Grade, Rate or Rank), enter active duty grade or rank and pay grade at time of separation from enlisted record brief/officer record brief * item 12h (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date or promotion to the current pay grade 4. AR 635-8 (Separation Processing and Documents), currently in effect, states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty.