ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS

IN THE CASE OF: 
BOARD DATE: 15 March 2019 
DOCKET NUMBER: AR20180015310

APPLICANT REQUESTS: the Combat Action Badge (CAB) be added to his DD Form 
214 (Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
   *	Memorandum 
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:

*	he was awarded the CAB but it is not shown on his DD Form 214
*	he received the CAB in a ceremony, but he never received the orders just a 
memorandum
*	he went through old papers and found the memorandum

3.	The applicant enlisted in the Regular Army on 7 November 2002. He served in Iraq 
from 22 January 2005 to 10 January 2006 in support of Operation Iraqi Freedom.

4.	His Enlisted Record Brief does not show the CAB in Section VIII (Awards and 
Decorations).

5.	On 6 November 2006, he was honorably released from active duty. His DD Form 
214 does not show he was awarded the CAB.



6.	He provided a memorandum, dated 4 November 2005, that indicates he was 
awarded the CAB. The memorandum does not reference the orders announcing the 
award or the date of the qualifying enemy engagement.

7.	His service record is void of any orders showing he was awarded the CAB by proper 
authority.

8.	Army Regulation 600-8-22 (Military Awards) 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.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief. The applicant’s contentions were carefully 
considered. No incident reports or witness statements were provided for consideration. 
Based upon the preponderance of evidence, the Board agreed the letter that was 
provided stating he received the CAB does not validate nor substantiate that he 
engaged or was engaged by the enemy on a specific date.

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:
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 600-8-22 (Military Awards) states the requirements for award of the 
CAB 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 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//