IN THE CASE OF: BOARD DATE: 23 November 2021 DOCKET NUMBER: AR20210005539 APPLICANT REQUESTS: retroactive award of the Combat Action Badge (CAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum dated 27 June 2020 * Extract Army Regulation 600-8-22 (Military Awards) * Memorandum, U.S. Army Human Resources Command (AHRC), dated 20 February 2020 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Memorandum for Record dated 27 January 2020 * Memorandum dated 8 October 2019 * DA Form 4187 (Personnel Action) * Orders 145-456, dated 24 May 2004 * Enlisted Record Brief * 3 DA Forms 2823 (Sworn Statement) * CAB Narrative * Green 3 Spot Report * Movement Control Center Trip Ticket * 2nd Platoon Battle Roster * Permanent Orders 284-128, dated 11 October 2018 FACTS: 1. The applicant states, in effect: a. The award was disapproved using the current regulation and not the regulation governing receipt of the award at the time of the event. Other individuals present at the event which occurred on 30 January 2005, received the award of the CAB. Individual's receipt of the award was delayed due to numerous clerical errors by his home unit at time of deployment and was no fault of the Soldier. b. His section had been tasked with escorting an election official to his home after providing security for election materials and polling sites during the Iraqi national election. His section consisted of four vehicles with the applicant in the last position in the order of march. They were headed north on Alternate Supply Route Vanessa when they encountered two improvised explosive devices (IEDs). The first detonation was next to the first vehicle. The second detonation occurred between the first and second vehicles. The first vehicle received some damage from the first detonation. The second detonation spread debris impacting the three trailing vehicles. A large piece of shrapnel impacted the windshield of his truck along with other debris but the vehicle received no considerable damage. His truck was within 50-75 meters of the blast. c. Immediately following the blast, the first two vehicles pushed further north through the kill zone while the third vehicle and the applicant's vehicle positioned themselves south of the kill zone to provide security and evaluate the situation. They dismounted, cleared the area and assessed the effects of the blast. They were not able to locate a trigger man for the IEDs and were able to determine that no other devices were present. No one was injured during the direct fire engagement. Further blast analysis determined that the IED consisted of two 155mm rounds. 2. Evidence shows, the applicant, while performing duties as a 19D (Cavalry Scout) in the Army National Guard (ARNG), served in Kuwait/Iraq for the period 21 November 2004 to 25 October 2005. The applicant is currently serving in the ARNG. 3. On 20 February 2020, the Chief, Awards and Decorations Branch, AHRC, stated the applicant's request for retroactive award of the CAB for service performed in support of Operation Iraqi Freedom was disapproved. The denial stated in accordance with Army Regulation 600-8-22, paragraph 8-8d (2) "A Soldier must also be performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy." The applicant was advised of his appeal rights to the ABCMR. The denial memorandum further states: a. The Army CAB was created in 2005 by the Chief of Staff, Army to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy. The CAB is intended to serve as a companion to the CIB and CMB to recognize the greatly expanded role of non-infantry Soldiers in active, ground combat. b. Retroactive award of the CAB is authorized for fully qualified individuals; however, in accordance with AR 600-8-22, para 8-8, such awards will not be made except where evidence of injustice is presented. Requests for retroactive awards must also include justification-reviewed by the wartime chain of command-that explains why the CAB was not awarded in theater. 4. The applicant provides a/an: a. Memorandum dated 27 June 2020, from the Commander, TNARNG, Headquarters, 117th Regiment (Regional Training Institute (RTI), who states, in effect, the applicant served as a Cavalry Scout in Troop L, 3rd Squadron, 278th Armored Cavalry Regiment during an incident on 30 January 2005. The applicant's request is being evaluated and denied based on current requirements. At the time, these requirements were not a part of the requirements for award of the CAB. In addition, an officer involved in the same incident was awarded the CAB. b. Memorandum dated 8 October 2019, from the Commander, 2nd Battalion, 117th Regiment (RTI) (AR), who states, in effect, the primary reason the applicant did not receive his CAB is because his packet was denied due to administrative errors, was not properly followed up, and resubmitted for the award. In addition, every Soldier, except the applicant, was awarded the CAB as a result of this well documented engagement. c. DA Form 4187 dated 3 October 2019, which states the applicant, while transporting an election official during the Iraqi Free Elections on 30 January 2005, was engaged by the enemy in an IED attack. d. 3 DA Forms 2823, to include the applicant's statement which essentially mirror the details in the applicant's narrative of events. e. Spot Report and Movement Control Center Trip Ticket from 30 January 2005, as well as orders awarding the CAB in theater to one of the officers involved in the incident. 5. 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 not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members considered the totality of the situation and determined that there was a likelihood of injury to the applicant as a result of the IED explosion. Additionally, all others involved received the CAB, and the applicant's former wartime commander has written in support of awarding the applicant this badge. Notwithstanding the denial by HRC, Board members voted to award him the CAB. 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 engaging or being engaged by the enemy on 30 January 2005. 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: Army Regulation 600-8-22, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. Instructions stated 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 CAB may be awarded to any Soldier. Paragraph 8-8 stated specific eligibility requirements include: a. Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. b. 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. c. Soldier must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge/Combat Medical Badge. For example, an 11B (Infantryman) assigned to Corps staff is eligible for award of the CAB. However, an 11B assigned to an infantry battalion is not eligible for award of the CAB. d. In addition to Army Soldiers, the CAB may also be awarded to members of other U.S. Armed Forces and foreign military personnel assigned to a U.S. Army unit, provided they meet the above criteria. e. Award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. f. Second and subsequent awards of the CAB are as follows: (1) Only one CAB may be awarded during a qualifying period. (2) Second and subsequent award of the CAB will be indicated by super- imposing one and two stars respectively, centered at the top of the badge between the points of the oak wreath. g. Retroactive awards of the CAB are not authorized prior to 18 September 2001. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005539 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1