ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 23 April 2019 DOCKET NUMBER: AR20180016018 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge (CAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 044-723, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, dated 13 February 2003 * memorandum, The Joint Staff, Washington, DC, subject: Record of Incidents that Merit the Awarding of the Combat Action Badge (CAB), dated 25 October 2005 * memorandum, Headquarters, 13th Corps Support Command, Fort Hood, TX, subject: Combat Action Badge for 494th Transportation Company, dated 30 October 2005 * DD Form 214 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 her commander recommended her unit for the CAB in 2005 but it is not shown on her DD Form 214. 3. She enlisted in the Regular Army on 10 June 2002 and served in Iraq from 9 March 2003 through 16 February 2004. 4. She provided Order 044-723, dated 13 February 2003, showing she was ordered to deploy in support of Operation Enduring Freedom for a period of 179 days and up to 365 days, with an effective proceed date of on or about 10 March 2003. 5. She provided former Commander, 494th Transportation Company, memorandum for record, dated 25 October 2005, which outlined three incidents in which her unit was engaged by enemy forces which in March 2003 in Baghdad and As Samawah; and in Mosul in June 2003. 6. She provided Former Commander, 561st Corps Support Battalion (FWD), memorandum for record, dated 30 October 2005, recommending approval of the CAB for 494th Transportation Company. 7. On 9 June 2006, she was released from active duty and transferred to control of Headquarters and Headquarters Company, 35th Engineer Brigade, Fort Leonard Wood, MO. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 does not show award of the CAB. 8. The available records do not contain orders announcing award of the CAB to her. 9. 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. Award of the CAB is announced in orders. 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. The Board agreed the deployment manifest was not provided with the memorandum submitted as evidence, but a list of personnel attached to a TCS order. Her record is absent orders showing she was awarded the CAB, and she did not provide information with substantiating documents showing a CAB qualifying incident on a specific day while being engaged by the enemy. 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 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 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 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. 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 Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Only one Combat Action Badge may be awarded during a qualifying period. Award of the Combat Action Badge is announced in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016018 4 1