ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 August 2019 DOCKET NUMBER: AR20180015482 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 28 November 2018 * Headquarters, 4th Infantry Division and Fort Carson, Orders CR-057-0039, dated 26 February 2014 * Bronze Star Medal Certificate, dated 23 September 2014 * Headquarters, 3d Cavalry Regiment, Orders 316-017, dated 12 November 2014 * two DA Forms 2823 (Witness Statement) * DA Form 4187 (Personnel Action), dated 24 August 2017 * Self-authored letter, dated 13 November 2017 * U.S. Army Human Resources Command memorandum, dated 7 February 2018, subject: Request for Award of the CAB for [Applicant] FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. On 29 September 2014, he was present while the Base Defense Operations Center (BDOC) was deliberately targeted by indirect fire. He was attending a briefing when the base alarm went off indicating an enemy indirect fire. b. He and members of the unit laid prone on the ground in accordance with the indirect fire battle drill. After the explosion, he directed personnel that were at arms-length away to the nearest bunker, as some of the personnel were unfamiliar with the BDOC's layout. Lieutenant Colonel (LTC), as the senior commander took charge of her personnel, executed battle drill, and exited the BDOC via a separate exit. Once inside the bunker, they saw the impact of the round northwest of the BDOC, within 100 meters from their location. c. He specifically recalled the Counter Rocket Artillery Mortar Weapon System did not engage the indirect fire. They waited in the bunker until they received the all clear alarm. He then followed the unit standard operating procedures, accounted for all his personnel, and reported 100 percent accountability. d. LTC stated in her sworn statement that all three 3d Cavalry Regiment personnel in the BDOC were awarded the CAB during that incident. e. Personnel that were present that day were subsequently awarded the CAB because of the risk of injury. In addition to being present during the attack, he also performed his duty in responding to the indirect fire incident, directing and accounting for the personnel around him. 3. The applicant provided copies of: a. Headquarters, 4th Infantry Division and Fort Carson, Orders CR-057-0039, dated 26 February 2014, that show he was deployed in a temporary change of station status in support of Operation Enduring Freedom, Afghanistan, on or about 25 April 2014 for a period not to exceed 279 days. b. his Bronze Star Medal Certificate issued on 23 September 2014. c. Headquarters, 3d Cavalry Regiment, 10th Mountain Division (Light Infantry), Orders 317-017, dated 12 November 2014, that show LTC. was awarded the CAB for "satisfactory performance of duties while actively engaged in ground combat" on 29 September 2014. d. a DA Form 2823, dated 12 October 2016, from Captain , who stated on 29 September 2014, the applicant was within arms-reach of him inside the BDCOC at Tactical Base Shank in Logar Province, Afghanistan, when a rocket impacted within 100 meters of their location. He along with all 3d Cavalry Regiment personnel, to his knowledge, received the CAB as the round impacted within the parameters of then then stated guidelines for award: "impact within 100 meters; Soldier satisfactory performance of duty while actively engaged in ground combat." e. a DA Form 2823, dated 17 November 2016, from LTC., who stated on 21 October 2016, the applicant asked her to substantiate his presence at her Commander's Update Briefing on 29 September 2014 in an attempt to retroactively submit his request for award of the CAB. She stated on the morning of 29 September 2014, the applicant was located inside the BDOC at Tactical Base Shank in Logar Province, Afghanistan. During the briefing, the BDOC was targeted by indirect fire and the Counter Rocket Artillery Mortar Weapon System failed to engage the rocket. The rocket landed less than 100 meters from the BDOC. When the "incoming alarm" went off, all personnel braced for impact, went into the prone position, and following impact, immediately took cover in the event of a subsequent attack. Witness states the applicant performed his duties during the attack. She stated the applicant satisfactorily performed his duties during the attack; he should be awarded the CAB; and all of the 3d Cavalry Regimental personnel in the BDOC received a CAB. 4. On 24 August 2017, a DA Form 4187 recommending the applicant for award of the CAB was submitted to the U.S. Army Human Resources Command. 5. On 7 February 2018, the Chief, Soldier Programs and Services Division, U.S. Army Human Resources Command, disapproved the applicant's request for award of the CAB. He stated the incident on 29 March 2014 did not meet the basic requirement for award of the CAB and the witness statements did not provided clear evidence the applicant was personally engaged by the enemy or at risk of being injured during the attack as required by Army Regulation 600-8-22 (Military Awards), paragraph 8-8c. The applicant was directed to the ABCMR if he felt the determination as unjust. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, evidence in the records, statements and orders he provided and the review by Human Resources Command. The Board found that the applicant satisfactorily performed his duties while being engaged by the enemy and was at risk of being injured during the attack on the BDOC. Based on a preponderance of evidence, the Board determined that the applicant was entitled to award of the CAB 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the applicant the Combat Action Badge for actions during an indirect fire incidence occurring on 29 September 2014 at Tactical Base Shank in Logar Province, Afghanistan. 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): n/a 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 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 states the requirements for award of the CAB are branch and military occupational specialty (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. 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 (MOS 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. e. Award of the CAB is authorized for the following operations (award for qualifying service in any previous conflict is not authorized): (1) Afghanistan (Operation Enduring Freedom, 18 September 2001 to 31 December 2014; Operation Freedom's Sentinel, 1 January 2015 to a date to be determined). (2) Iraq (Operation Iraqi Freedom, 19 March 2003 to 31 August 2010; Operation New Dawn, 1 September 2010 to 31 December 2011). (3) Operation Inherent Resolve, 15 June 2014 to a date to be determined. ABCMR Record of Proceedings (cont) AR20180015482 5 1