IN THE CASE OF: BOARD DATE: 18 December 2020 DOCKET NUMBER: AR20200003414 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) * Orders 022-301, dated 22 January 2002 * DA Form 4187 (Personnel Action), dated 6 April 2010 * Enlisted Record Brief, dated 6 April 2010 * Narrative * DA Form 638 (Recommendation for Award), dated 6 May 2006 * 2 DA Forms 2823 (Sworn Statement), dated 3 February 2009 and 17 May 2009 * Memorandum, dated 6 June 2009 * Memorandum, dated 6 April 2010 * Orders 277-0102, dated 3 October 2012 * DA Form 214 (Certificate of Release or Discharge from Active Duty), ending 31 August 2013 * Letter from the Department of Veterans Affairs, dated 2 September 2019 * Letter from the Army Human Resources Command (AHRC), dated 19 February 2020 * Extract from Army Regulation 600-8-22 (Military Awards), effective 11 December 2006 * 6-page CAB reference paper, updated 25 July 2008 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States 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, in effect, he originally requested the CAB in 2010. After losing almost everything in Hurricane Harvey, he discovered this packet and resubmitted after he retired. He feels he has earned the badge and he provides a copy of his DA Form 638 for his actions in Operation Iraqi Freedom, which clearly states he was engaged with the enemy. 3. The applicant enlisted in the Regular Army on 5 November 1992. Evidence shows he served in Iraq from 20 February 2003 to 14 June 2003 and from 10 June 2008 to 4 August 2009. Having sufficient service for retirement, the applicant retired on 31 August 2013. The CAB is not listed on his DD Form 214. 4. The applicant provides: a. DA Form 4187 dated 6 April 2010, in which his commander recommended approval of award of the CAB. The attached narrative states, in effect, that the Fire Direction Center and Multiple Launch Rocket System (MLRS) Launcher crew consisting of the applicant and two noncommissioned officers engaged and destroyed the enemy while positioned in the southwest of the Saddam Hussein International Airport. On 8 April 2003, forward observers declared there were 14 Iraqi T-72s with Republican Guard soldiers enroute to the airport. A fire mission was sent to two of its launchers, one manned by the applicant. After firing on the targets, the damage assessment was that all 14 T-72s and 30 enemy combatants were killed in action. b. Memorandum dated 6 June 2009, from the battle command officer who claims the applicant's actions of 8 April 2003 clearly qualify for the CAB. He states, in effect, the applicant was occupying a firing position at the airport, which at the time was considered a pivotal point of contention and a volatile area. After being notified that a column of 15 Iraqi tanks and Armored Personnel Vehicles had been observed moving toward the airport with no heavy forces available to intercept, the MLRS reacted with an emergency mission to provide rocket fires to prevent the column from reaching the airport perimeter and engaging their position – effectively firing in self-defense. After delivering rockets on target, the battle assessment noted 12 of 15 vehicles destroyed with the other 3 neutralized. c. A sworn statement from AGL dated 3 February 2009, who was present and involved with firing 24 M26 rockets onto 14 T-72s and Iraqi Republican Guard soldiers who were heading toward the airport. He called his two hot launchers, one manned by the applicant's team, and on his command, directed both launchers to fire. After all 24 rockets were fired he directed both launcher teams to move to their ammunition reload points and reload with more rockets for future missions. d. A sworn statement from the applicant dated 17 May 2009, which echoes the events described in the sworn statement dated 3 February 2009. e. DA Form 638 for the period 20 March to 5 May 2003, in which the applicant was awarded the Army Commendation Medal for his actions as a Launcher Section Chief. It noted his responsive fires inflicted heavy damage on enemy forces. His launcher continuously provided fire support and contributed significantly to the battalion’s total of over 240 missiles fired in under 10 days. Targets ranged from tanks to political buildings, command and control structures, and various resupply assets. f. VA letter dated 2 September 2019, which notes the applicant has one or more service-connected disabilities with a combined service-connected evaluation of 100%. 5. On 19 February 2020, the Chief, Awards and Decorations Branch, AHRC, stated, in effect, the applicant's actions on 8 April 2003, did not meet the regulatory guidance for award of the CAB, as he was not participating in active ground combat with the enemy. 6. The CAB is not intended to recognize Soldiers who simply serve in a combat zone or imminent danger area. Battle participation credit alone is not sufficient; the unit must have engaged or been engaged by the enemy. The applicable regulation states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he/she must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board considered the actions described in the supporting documents provided by the applicant, and found his actions on 8 April 2003 do meet the criteria for award of the CAB. The Board determined he should be awarded the CAB and it should be added to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 his actions on 8 April 2003 and by adding the Combat Action Badge to his DD Form 214. 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 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) contains the Army's awards policy. Paragraph 8-8 of the awards regulation contains guidance on the CAB. 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, the CAB is not intended to recognize Soldiers who simply serve in a combat zone or imminent danger area. Battle participation credit alone is not sufficient; the unit must have engaged or been engaged by the enemy. It states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he/she must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. The CAB is authorized from 18 September 2001 to a date to be determined. The regulation stipulates that the award is not authorized for qualifying service in any previous conflict. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003414 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1