ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 20 March 2019 DOCKET NUMBER: AR20180014878 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) * Deployment orders * Email correspondence * Memoranda * Sworn Statements * Drawing * DA Form 4187 (Personnel Action) * CAB Narrative * Enlisted Record Brief FACTS: 1. The applicant states: a. The error is the disapproval of the request for a retroactive award of the CAB for service performed in support of Operation Iraqi Freedom. According to the authorizing official, Colonel H_____, the witness statements do not provide clear evidence of being personally engaged by the enemy or risk of being injured during the attack in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-8c. b. The Soldiers that were present at the time of incident completed witness statements to the best of their ability. c. This is a retroactive request for the CAB and he is the only Soldier that is currently on active duty. d. The organization that was in control of Camp Rustamiyah has been deactivated and there are no other incident reports on file. e. The company commander of his unit at the time expressed that Camp Rustamiyah survived multiple indirect contacts. f. The only piece of evidence not submitted was a layout of the area at the rear gate of Camp Rustamiyah. The layout could clearly indicate that he was at risk of being injured during this attack. 2. After completing prior active and inactive service, the applicant enlisted in the Regular Army on 1 October 2002. He has continued to serve on active duty through a series of reenlistments. 3. His DA Form 2-1 (Personnel Qualification Record - Part II) and Enlisted Record Brief do not show the CAB. 4. He provided group/unit orders published on 5 October 2005 that show he was deployed to Iraq in support of Operation Iraqi Freedom on or about 29 November 2005 for a period of up to 365 days or until completion of mission. The by-name listing of Soldiers was not attached; however, the applicant's last name and social security number were handwritten on the orders. 5. The applicant provided a memorandum, dated 13 October 2017, from the Chief, Company Grade Logistics, U.S. Army Human Resources Command (HRC), Fort Knox, KY, who stated: a. He was the commanding officer for Company A, 801st Brigade Support Battalion (BSB) that deployed in support of the 101st Airborne Division (Air Assault) during Operation Iraqi Freedom from March to November 2006. b. Company A, 801st BSB, was located at Forward Operating Base (FOB) Rustamiyah. c. The personnel listed, which included the applicant, were assigned to Company A, 801st BSB, and served honorably during the deployment from 18 November 2005 to 18 November 2006. 6. He provided sworn statements from former fellow Soldiers who stated: a. Sergeant JLH (Retired) - He is unsure of the date of the specific incident occurred. He was on guard duty at the back gate at Rustamiyah when he encountered indirect fire. It was around lunch time when the applicant drove up to the gate to bring them food. He was positioned at the top of the guard tower when the first round impacted. The rounds made contact within meters from their position as the impact shook the base of their tower. After relaying what happened, they were instructed to maintain their current posture. After a few hours, guard duty went back to normal until the shift ended for the day. b. Staff Sergeant (SSG) CMS (Retired) - The back gate of Rustamiyah was attacked by indirect fire and possibly small armed fire. He was on duty at the forward area refueling point on Rustamiyah the day of this particular attack which was approximately 150 meters from the back gate. While he was making his rounds checking on the fuel bags, he saw the applicant driving from the dining facility. They talked for about 5 minutes then the applicant headed to the back gate. He saw the applicant get out of the HUMVEE and one of the guards was helping the applicant grab plates from the back of the vehicle. Then he only saw the applicant and he saw the impact near the side gate going into the Iraqi Army compound. He felt the ground shake and he saw everyone scatter for the bunkers and take up positions. He remembered about 3 explosions until the horns stopped. c. SSG CMS (Retired) - This is the third time writing this statement. He reiterated that the back gate of Rustamiyah was attacked by indirect fire and possibly small arms fire. Again, he described the events that occurred. He provided a drawing of the layout of the rear gate prior to the attack. 7. On 14 June 2018, the applicant submitted a request (DA Form 4187) for a retroactive award of the CAB for being personally engaged by the enemy. The following information was provided: * the date of engagement was 24 August 2006 * the event occurred at FOB Rustamiyah (Sadr City, Iraq) * the applicant was within 75 meters from impact of indirect mortar artillery fire * while performing duties as the perimeter sergeant of the guard at the northwest gate, the applicant was engaged by small arms fire and mortar attack on 24 August 2006 8. He provided a narrative to accompany the award of the CAB that reads: "Staff Sergeant [applicant], United States Army, distinguished himself by exceptionally meritorious conduct during deployment to Iraq in support of Operation Iraqi Freedom (OIF) from 18 November 2005 - 18 November 2006 with the 101st Airborne Division {Air Assault), 4th Brigade Combat Team, 5061h Infantry Regiment, and 801st Brigade Support Battalion, Alpha Company commanded by then Captain CG and First Sergeant MS. At the time of the incident, SSG [applicant] was assigned as a Sergeant Squad leader within the liquids platoon at Forward Operating Base (FOB) Rustamiyah." "SSG [applicant] was engaged by small arms fire and mortar attack on 24 August 2006. SSG [applicant] was present at the rear gate of FOB Rustamiyah in the course of his assigned duties as the Sergeant of the Guard during the week of 20 August - 26 August 2006. The gate was attacked by anti-Iraqi forces. SSG [applicant] was on duty dropping off chow to the personal assigned to the guard location; including "SGT CS, SPC LH, and SPC FB. Sergeants [applicant] and CS with SPC FB were exchanging meals from the High Mobility Multipurpose Wheeled Vehicle (HMMWV) located near the bottom of the M2.50 cal machine gun tower which was occupied by SPC LH at the time of the attack; all personnel took an immediate defensive posture. Two mortar rounds impacted the front of the gate and the area immediately in front of the guard position which was approximately 75 meters from the location of all personnel. It is reasonable to state that SGT [applicant] could have been injured during the attack and performed his duties satisfactorily IAW established rules of engagement." 9. On 20 September 2018, the HRC Chief of Soldier Programs and Service Division, disapproved the request for award of the CAB for service the applicant performed in support of Operation Iraqi Freedom. The official stated: a. The incident occurred on 24 August 2006 and does not meet the basic requirement for award of the CAB. b. The witness statements do not provide clear evidence of the applicant 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. c. If the applicant believes this determination is unjust, he has the right to appeal to the ABCMR. 10. His service record is void of any orders showing he was awarded the CAB by proper authority. 11. Army Regulation 600-8-22, paragraph 8-8c provides the specific eligibility requirements for the CAB. It states specific eligibility requirements include: a. May be awarded to any Soldier. b. Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. c. 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. d. Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge and/or Combat Medical Badge. For example, an infantryman (military occupational specialty 11B) assigned to Corps staff is eligible for award of the CAB. However, an infantryman assigned to an infantry battalion is not eligible for award of the CAB. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, eye witness statements, and the recommendation from the chain of command were carefully considered. Based upon the preponderance of evidence, the Board agreed the information shows the applicant 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 being personally engaged by the enemy on 24 August 2006. 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 states the requirements for award of the CAB 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 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. 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. Award of the CAB is authorized from 18 September 2001 to a date to be determined. The CAB will be announced in Permanent Orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014878 6 1