ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20180014041 APPLICANT REQUESTS: the Combat Action Badge (CAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Army Human Resources Command (HRC) Letter * five DA Forms 2823 (Sworn Statement) * Incident Report * Specialist (SPC) TCM's Documents * CAB Checklist * Congressional Letter * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to DD Form 214) * Active Duty Orders * Narrative of Events * Enlisted Record Brief * Personnel Qualification Record * Army Board for Correction of Military Records Record of Proceedings, Docket Number AR20160014836, dated 30 January 2018 FACTS: 1. The applicant states: a. The Soldier Programs and Decorations Service Division disapproved his request for the CAB for service/action performed in support of Operation Iraqi Freedom. This office stated that indirect fire (IDF) was present at the base camp; however, he was located inside a structure with no indication that they were in immediate danger. b. In accordance with (IAW) Army Regulation 600-8-22 (Military Awards), paragraph 8-8c(3), he was personally present and actively being engaged by enemy forces on 24 February 2008 at Camp Bucca, Iraq. c. IAW MILPER Message 11-268, table 8-1, it is extremely reasonable to assume that he could have been injured or killed. d. He was located in a structure (Combat Housing Unit-CHU) that was made of non-ballistic or non-concussion proof material such as sheet metal, plywood, and glass. He was within 50 meters of the immediate blast that killed a civilian employee who was killed inside a similar structure. e. Army Field Manual (FM) 23-90, Chapter 7, paragraph 28, note 1, states that a tube fired projectile of similar size has a kill radius of 60-75 meters. He could have been killed or injured in the attack by either shrapnel, debris, or by the falling of contents (Wall Lockers, Bunk Beds, Weapon Systems, Air Conditioning Units, Shelves etc.) within the structure that he occupied at the time of the incident. 2. After completing prior service in the U.S. Navy, the applicant enlisted in the Army National Guard (ARNG) on 27 April 2000. He has extended this enlistment several times and is currently serving in an Active Guard/Reserve status as a staff sergeant (SSG). 3. He served in Iraq from 31 August 2007 to 23 April 2008 in support of Operation Iraqi Freedom. 4. His Enlisted Record Brief does not show the CAB. 5. On 6 June 2008, he was honorably released from active duty and transferred to his ARNG unit. His DD Form 214 for the period ending 6 June 2008 does not show he was awarded the CAB. 6. In a 1 May 2015 sworn statement, Sergeant First Class (SFC) XXX stated that at approximately 2300 hours on 24 February 2008, Camp Bucca was engaged by IDF. He attested: a. Two rockets impacted the housing area that quartered A and B Company 1-181st Soldiers, civilians, and contractors. He was the noncommissioned officer in charge working crater analysis that night. Two rounds impacted within about 100 meters of the company living area. The immediate threat impacted a CHU within 15 meters of some of the housing units of A and B Company, 1-181st Soldiers. b. The blast left one contractor dead and severely wounded several. The second round closest to the company's living area occurred about 100 meters south southwest and landed in the open area near some concrete bunkers where it wounded a couple of contractors. c. From their findings on crater analysis, it was determined that these were 120mm rockets and they were fired from Um Quasar. The blast projected debris and shrapnel over 250 meters in an omni-directional pattern. One gator and a Ford Explorer were destroyed and large chunks of metal, wood, and shrapnel were observed in a 100-150 meter radius. 7. In a 3 May 2015 sworn statement, SSG XXX stated that at approximately 2300 hours on 24 February 2008, Camp Bucca, Iraq was engaged by IDF. He attested: a. There were a total of 4 rockets fired that night, but two rockets impacted the housing area that quartered "A" and "B" Company, 1-181st Soldiers. The impact area of the rocket was found to be less than 50 meters from the housing unit. The rocket completely destroyed a housing unit and killed one civilian and injured several other civilian personnel. b. The Soldiers in his housing unit were all in bed either asleep or just waking up. The second rocket that impacted the closest to them caused the entire housing unit to shake and bounce. The impact knocked items off the wall and out of the wall lockers. Lots of gravel and shrapnel could be heard spraying the walls of the unit and hitting the room. Fortunately, no one was injured and no damage was done to their unit. c. They all immediately hit the ground and screamed out to check on each other. The other Soldiers in his housing unit that night were: SGT XX, SPC XX, SPC XX, SFC X SGT X, SPC XX and the applicant. After the noise died down, they exited the housing unit and proceeded to the bunker area for accountability. One of the other Soldiers he noticed along the way was SSG XX who was in a housing unit very close to his unit. SSG XX was outside his unit assuring that all the Soldiers were ok in his surrounding area and he guided them to the bunkers. The Soldiers in the unit were informed the next day to complete sworn statements about the attack. The statements were completed and submitted, but he did not retain a copy of that sworn statement. 8. In a 5 May 2015 sworn statement, SGT XXX stated that on 24 February 2008 around 11:00pm while stationed at Camp Bucca in support of Operation Iraqi Freedom, the installation was hit by IDF. He attested: a. He heard the buzz of incoming IDF and a loud blast. He and the Soldiers in his CHU (SPC X SPC X (SGT), SPC X (SGT), SPC X SPC W and SPC X) all took cover on the floor once on the ground. b. He heard a loud screeching sound and a very large explosion that rocked their CHU. The blast occurred less than 50 meters to their west along the HESCO area and water point. The concussion from the blast shook the CHU and knocked items from the desks, wall lockers, and the wall. Then he heard debris hitting the roof and sides of the CHU. He also heard Soldiers outside screaming and yelling and IDF sirens. c. After everyone was unharmed in his CHU, they moved outdoors to the bunkers for better cover. There was dust and smoke everywhere, but their main concern was getting to the bunkers. They saw some other Soldiers from B Company: the applicant, SGT X, SPC X, SGT X SGT X____X, and SGT X___r moving to occupy bunkers. d. Some of the Soldiers in his CHU peeled off and he took cover under the bunker with SSG XX, SPC XX, SGT XX, SPC XX, SGT X, SPCX, SGT Xand some other A Company Soldiers. They thought they heard another blast outside the wire so they stayed under cover until it was all clear. Once they the all clear, they reported to the TOC for accountability. Fortunately, no 1-181st Soldiers were wounded in their housing area. 9. In a 5 May 2015 sworn statement, Major XXX stated that he was the Battle Captain for the 391st Military Police Battalion during their deployment to Camp Bucca, Iraq (2007-2008) and held this position during the IDF event addressed in this statement. He attested: a. On 24 February 2008 at approximately 2300 hours, Camp Bucca received two rounds of IDF that landed in very close proximity to the living quarters of the 1-181st Field Artillery enlisted Soldiers. The estimated distance of impact to the living quarters was less than 50 meters on one impact and approximately 100 meters from the other impact. b. Both impacts landed in the contracted workers' living area. There was a row of HESCO barriers separating the living quarters of the 1-181st FA enlisted Soldiers living quarters and contracted workers which reduced the blast/fragmentation area. The impact of the IDF resulted in the death of one local national (contracted labor) and many injuries in addition to physical damage to the CHU. Soldiers were knocked out of beds, wall lockers were toppled over, and shrapnel/debris from the impact was found up to approximately 100 meters away from both impact areas. 10. In a memorandum, dated 7 July 2016, HRC denied the request for award of the CAB for the applicant and three other Soldiers. The official cited Army Regulation 600-8-22, paragraph 8-8c(3), and MILPER Message 11-268, table 8-1, step 5, note 3. The official stated that IDF from the enemy was present on the base camp; however, the applicant and the other three Soldiers were located inside of a structure with no indication that they were in immediate danger. The applicant was advised to appeal to the ABCMR. 11. In a Narrative of Events, the applicant stated: a. At 2300 hours on the night of 24 February 2008, he and other Soldiers were asleep in their CHU located in LSA Carolina at Camp Bucca, Iraq when the Forward Operating Base (FOB) came under attack from enemy IDF. b. Four rockets were fired. Two landed outside of the FOB, but the initial two rockets landed within 100 meters of the living area of "A" and "B" Company 1-181st Soldiers. The most immediate threat was the impact of a 120 MM rocket that impacted less than 50 meters northwest of their CHU. c. The blast killed one civilian, injured several other civilian contractors, and penetrated through portions of protective HESCO barriers spraying shrapnel and debris into the 1-181st Company living area. d. The second rocket impacted approximately 100 meters to the west of their location that destroyed a Ford Explorer and wounded another civilian contractor. As soon as the squad believed it was clear, they exited the CHU to seek cover in the hardened bunkers to the north of their location. They checked along the way on the status of other Soldiers in their immediate vicinity. e. Once they received the all clear, they reported to the company tactical operations center for accountability formation. None of the 1-181's 51 Soldiers were injured during the attack and only minor damage was reported to the CHU's. 12. In a 26 February 2018 sworn statement, SSG XXX stated that he was present and actively engaged by anti-Iraqi forces on 24 February 2008 at 2300 hours. He stated: a. On 8 February 2018, he was awarded the CAB on Permanent Order 039-10 by the Army Review Boards Agency for the IDF attack that occurred at Camp Bucca, Iraq, on the aforementioned date and time. b. As previously stated under oath in earlier Sworn Statements the following individuals were also present and much closer to the immediate blast than himself: SGT XX, SFC XX, SFC XX, the applicant, SSG XX, and SPC XX were present during the attack and he witnessed them trying to find cover near the concrete bunkers and getting accountability of their squad members. c. He cannot attest to their actions at the exact time of contact of the "near" blast. He does know that they occupied a CHU made of non-ballistic materials (plywood, glass, and sheet metal) and were 30-50 meters north of his location closest to the blast that killed and wounded civilian contractors. 13. The applicant provided a copy of the ABCMR Record of Proceedings for SSG XXX's request for award of the CAB and his CAB orders. These documents confirm that SSG XXX was in the applicant's unit and was awarded the CAB based on the incident at Camp Bucca on 24 February 2008. 14. Army Regulation 600-8-22 (Military Awards) provides the requirements for award of the CAB which states that 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 and 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 review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and sworn eyewitness statements were carefully considered. Based upon the preponderance of evidence, the Board agreed the incident met regulatory 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 the Army records of the individual concerned be corrected by awarding him the Combat Action Badge for engaging or being engaged by the enemy on 24 February 2008, and adding the CAB to his DD Form 214 for the period ending 6 June 2008. 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 600-8-22 (Military Awards), effective 25 July 2015, 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. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. Paragraph 8-8c(3) states 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. MILPER Message 11-268, issued 2 September 2011, Table 8-1 (Steps for Processing Award of Combat Badges), Note 3 states narratives and sworn statements of incidents will include the specific date of the incident, 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. This message expired on 30 September 2013. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014041 0 6 1