ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 November 2019 DOCKET NUMBER: AR20190009858 APPLICANT REQUESTS: award of the Combat Action Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Statement from OD, undated * Memorandum for Record, dated 22 August 2018 * Memorandum for Record, dated 23 August 2018 * Memorandum from U.S. Army Human Resources Command (AHRC), dated 17 June 2019 FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, United States Code (USC), 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 requests retroactive award of the Combat Action Badge. He states the original award request was submitted in 2004 by his commanding officer. The award recommendation was submitted as a group packet but was returned for correction by higher authority after his brigade commander departed. The error in the award recommendation packet is not his fault and no one seemed to be tracking the status of the award recommendation at the time. 3. He states he meets all the criteria for the Combat Action Badge in accordance with Army Regulation 600-8-22 (Military Awards) and as annotated in his supporting documents. He was performing his assigned duties in a location where hostile fire pay or imminent danger pay was authorized. He was present and actively engaged with the enemy. He used his machine gun (M249) actively engaging the enemy. He was not assigned to a unit which would have qualified him for the Combat Infantryman Badge or the Combat Medical Badge. His was supporting Operation Iraqi Freedom. He provides witness statements confirming his engagement with enemy forces. His former brigade commanding officer included a reason for the late resubmission. He provides his witnesses names, email addresses and telephone numbers for verification of the facts pertaining to his request for award of the Combat Action Badge. 4. The applicant enlisted in the U.S. Army Reserve (USAR) on 6 December 2000. He was trained in and qualified as a motor transport specialist. He was assigned to a troop program unit. 5. On 15 December 2003 he was mobilized with his USAR unit to support Operation Iraqi Freedom. He served in Kuwait and Iraq from 6 February 2004 through 7 February 2005 serving in an imminent danger pay area. 6. On 13 March 2005 the applicant was honorably released from active duty and returned to his USAR troop program unit status. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) documenting he served 1 year, 2 months and 29 days of active service in support of Operation Iraqi Freedom. 7. On 2 May 2005 the Chief of Staff of the Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy. 8. He is currently a master sergeant actively serving in the USAR. 9. The applicant provided the following evidence for the Board’s consideration. a. In an undated statement Sergeant (SGT) (Retired) stated on 7 August 2004 he and Staff Sergeant where preparing for convoy operations with the applicant, a subordinate specialist at the time. He states the applicant was in the second or third truck in the convoy. It was a quiet morning and they were driving to Mosul, Iraq. As he was in the lead vehicle he was scanning and observing the movement of the convoy. He noticed a significant gap between the vehicles. He instructed his driver to adjust his speed when he saw a glare off to his left. He believed the glare was from a set of binoculars. There was a concrete median that abruptly exploded sending debris (shrapnel, ball bearings, concrete, etc.) into the immediate area of the convoy. The applicant, without concern for his own safety, ran from his vehicle to SGT vehicle to assist in recovery operations. The applicant with fellow Soldiers secured the area by laying down suppressive fire with his machine gun on both sides of the main supply route. He also administered first aid to SGT He concludes by saying the applicant is a hero and deserves the badge. b. On 22 August 2018, the applicant’s former commanding officer provided a memorandum for record attesting to the applicant’s actions on 7 August 2004 during Operation Iraqi Freedom Two. He states the applicant should have been awarded the Combat Action Badge. The applicant served as the unit combat lifesaver. He was part of a convoy heading north to Mosul on a supply route. The terrain was flat with vegetation and fields on both sides of the road. The weather was dry with temperatures above 100 degrees Fahrenheit. The convoy consisted of military vehicles from his unit and an attached unit. (1) The convoy approached a concrete culvert in the median between the north and south bound lanes when the culvert exploded sending concrete and shrapnel towards the convoy. The first vehicle in the convoy was struck and disabled by the explosion. Small arms fires erupted from both sides of the road as the convoy came under attack by enemy forces. The convoy stopped movement and set up a hasty column formation to return fire and to recover the wounded Soldiers from the disabled gun truck. (2) The second vehicle pulled around the disabled truck to provide security while the applicant in the third truck pulled up to the driver’s side of the disabled truck to retrieve the wounded Soldier. The applicant exited his vehicle to render combat lifesaving actions on the wounded Soldier. Without regard to his own safety, the applicant carried a wounded Soldier out of the kill zone to an area between the vehicles. (3) He returned to the disabled vehicle with two Soldiers to retrieve the remaining wounded Soldier. The wounded Soldier had to be carried to a secure area and the applicant commenced combat lifesaving actions. He continued providing medical treatment to the wounded until a medical evacuation helicopter arrived to transport the wounded to a safer location. He helped evacuate the wounded Soldiers then returned to his mission as part of convoy operations. (The second page of the memorandum for record was not provided with the application; therefore, the memorandum does not have a signature page.) c. On 23 August 2018 Sergeant First Class (SFC) prepared a memorandum for record supporting the applicant’s request for the Combat Action Badge. He states he was in the rear truck gunner for the unit during Operation Iraqi Freedom Two. The applicant was in the third vehicle of the convoy heading towards Mosul on 7 August 2004 when he heard an explosion coming from the front of the convoy. He turned and saw smoke from the explosion. There were not a lot of vehicles in the convoy so they used what they had to block off the road to prevent other vehicles from entering the convoy by lining up on the sides of the road. At the time the convoy was receiving small arms fire and he was returning fire by shooting small bursts at a building he believed the small arms fire attack was coming from. He saw the applicant bring the driver and the gunner from the damaged vehicle to the center of the convoy. After the attack he helped set up a landing zone for the medical evacuation of the wounded by helicopter. During the medical evacuation he pulled security duty while the applicant helped load the wounded Soldiers onto the helicopter. d. On 17 June 2019 the AHRC sent the applicant’s commanding officer a letter informing him the applicant’s request for the Combat Action Badge was denied. The Chief of the Awards and Decorations Branch stated the event does not meet the statutory guidance for the Combat Action Badge. Specifically, retroactive award of the badge is authorized for fully qualified individuals. However, the regulation stipulates awards will not be made unless there is evidence of an injustice. It provided guidance saying for retroactive award it must include justification reviewed by the wartime chain of command explaining why the award was not awarded in the combat theater. The applicant was advised he could seek relief through this Board. (Of note the Combat Action Badge was established after the applicant was demobilized in 2005.) 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, his record of service, the statements describing his actions and the date(s) of those actions, the date of his demobilization and the date the Combat Action Badge (CAB) was created. The Board considered the criteria for award of the CAB to include requests for retroactive award when a request was not processed in theater. The Board found the applicant’s deployment was concluded prior to the effective date of the CAB and further concurs with the HRC assessment that the action did not meet the statutory guidance for the award. Based on a preponderance of evidence, the Board determined that there was no error or injustice that would necessitate a correction to the applicant’s record. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 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 15-185 (ABCMR) states the ABCMR operates pursuant to law within the Office of the Secretary of the Army. The ABCMR consists of civilians regularly employed in the executive of the Department of the Army who are appointed and serve as an additional duty. Three civilians constitute a quorum. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or an injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) states the Combat Action Badge was created by the Chief of Staff of the Army on 2 May 2005. The guidance shown in the regulation dated 11 December 2006 states the authorization period for this badge is from 18 September 2001 to a date to be determined. Retroactive award of the badge is not authorized prior to 18 September 2001. For service on or after 18 September 2001, applications with supporting documents for retroactive award of the badge will be forwarded through the first major general/pay grade O-8 to the AHRC. The Combat Action Badge may be awarded by any commander delegated authority by the Secretary of the Army during wartime or AHRC. Effective 3 June 2005, commanders’ delegated authority to award this badge may further delegate award authority to commanders in the grade of major general or above. The badge will be announced in permanent orders. 4. Effective with the publication of Army Regulation 600-8-22 on 25 July 2015, 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. 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." On 5 March 2019 this regulation was updated to include the requirement the Soldier must also be performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. Additionally, it states requests for retroactive award of the Combat Action Badge will not be made except where evidence of an injustice is presented. Evidence of an injustice must be included when submitting a retroactive award request including why the badge was not awarded in theater by the appropriate approval authority. When awarded, the Combat Action Badge will be announced by permanent orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009858 6 1