ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 July 2019 DOCKET NUMBER: AR20180013602 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), dated 9 October 2018 * U.S. Army Human Resources Command (HRC) Orders A-11-822477, dated 7 November 2008 * HRC Orders A-11-822477A01, dated 29 January 2009 * extract, Operations Report, undated * Unit Combat Action Badge Checklist, undated * DA Form 2823 (Sworn Statement), dated 23 June 2010 * DA Form 2823, dated 14 September 2017 * email, dated 8 January 2018 * Officer Record Brief, dated 17 September 2018 * Self-authored letter, dated 9 October 2018 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to DD Form 214), dated 31 May 2019 * memorandum, Chief, Soldier Programs and Services Division, HRC, dated 6 March 2018, subject: Request for Award of the CAB for (Applicant) * excerpts, Army Regulation 600-8-22 (Military Awards) FACTS: 1. The applicant states: a. In 2017, officials from the Special Operations Command (Central) (SOCENT) applied on his behalf to HRC for his award of the CAB as a result of a 2009 indirect fire incident in Iraq. In 2018, HRC denied the application and stated the witness statements "do not provide clear evidence" of him "being personally engaged by the enemy or at risk of being injured during the attack as required in Army Regulation 600-8-22, paragraph 8-8c." b. HRC misstates the cited regulation. Paragraph 8-8c states, in part, that the CAB "may be awarded to any Soldier, performing assigned duties in an areas where hostile fire pay or imminent danger pay is authorized, personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement." c. He was a Soldier who was present and satisfactorily performing duties in Iraq when he was engaged by the enemy firing rockets into the housing area where he was quartered. He doubts the enemy intended to personally engage any particular Soldier. They (the enemy) sought to harm U.S. service members in general. He is not sure how individuals are personally engaged by rockets. The regulation does not require "clear evidence" he was "at risk of being injured," but even if it did, the rockets in fact wounded contractors located nearby him. d. The Army could have limited CAB eligibility to direct fire incidents but it did not do so and absent a restriction on CABs for indirect fire incidents, or a requirement that he was actually wounded, the SOCCENT recommendation should stand. 2. On 15 November 2008, the applicant was ordered to active duty in support of Operation Iraqi Freedom. He served in Iraq from 2 December 2008 through 1 March 2009. 3. He provided an operations report, undated, which shows an enemy action indirect fire (IDF) incident which occurred on 15 January 2009 and involved two 107 mm (millimeter) rockets fired; one of which hit a light pole and the other hitting a wall. The report assessment indicated three wounded in action with none killed in action. 4. HRC Orders A-11-922477A01, dated 29 January 2009, released the applicant from active duty effective 22 March 2009. 5. His DD Form 214 for the period ending 15 March 2009 does not show the award of the CAB. 6. The applicant provided copies of: a. a statement from Major J____ W___, dated 22 June 2010, in which he stated: (1) On the evening of 15 January 2009, IDF rounds impacted southeast of the former Presidential Palace/U.S. Embassy in the International Zone (IZ), Baghdad, Iraq. (2) The IDF rounds impacted approximately 200 meters from the containerized housing unit (CHU) occupied by him and the applicant. (3) The sound and concussion of the explosion violently shook their containerized housing unit located in the riverside complex. Inspection by IZ personnel revealed a damaged tower in the vicinity of their CHU. He and the applicant responded in accordance with appropriate incoming IDF procedures while waiting for the all clear announcement. b. a statement from Lieutenant Colonel (Retired) G____ P. L____, dated 14 September 2017, in which he stated: (1) August 2008 through March 2009, he served as an advisor to the Iraqi Counterterrorism Command in the IZ, Baghdad, Iraq. He shared a work area with the applicant. (2) On the evening of 14 January 2019, the IZ was attacked ty IDR fire. He was in his CHU on Camp Blackhawk and approximately 350 meters from the impact. He sought cover and he learned there were other people closer to the impact, such as the applicant. There was one facility of a contract guard next to the Presidential Palace. c. an email from Staff Sergeant F____ S____, dated 8 January 2018, in which he stated on 27 November 2017, a classified Secret/NOFORN (not releasable to foreign nationals) packet for a Combat Action Badge for applicant was submitted. On the same date, an inquiry was made on the status of the package and he was informed no package had been received. He requested advice on further actions to take. d. a letter from the Chief, Soldier Programs and Services Division, HRC, dated 6 March 2018, disapproving the application for award of the CAB for the applicant. The rationale provided stated, "The incident on 15 January 2009, does not meet the basic requirement for the award of the Combat Action Badge. The witness statements do not provide clear evidence of [Applicant] being personally engaged by the enemy or at risk of being injured during the attack as required in AR (Army Regulation) 600-8-22, paragraph 8-8c." The applicant was advised to appeal to this Board if he believed the determination to be unjust. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s statement, supporting documents, evidence in the records and the applicable awards policy. The Board considered the applicant’s statement and supporting statement, the circumstances of the event he describes, the disapproval by the HRC Chief, Soldier Programs and Services Division and the criteria for the award. The Board found insufficient evidence that the applicant was actively engaging or being engaged by the enemy in order to qualify for the award of the CAB. Based on a preponderance of evidence, the Board determined there was not error or injustice necessitating a records correction. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. ADMINISTRATIVE NOTE(S): not applicable. REFERENCES: Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. 1. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. 2. 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. ABCMR Record of Proceedings (cont) AR20180013602 4 1