IN THE CASE OF: BOARD DATE: 16 September 2021 DOCKET NUMBER: AR20210005565 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) * DA Form 4187 (Personnel Action) * 3 Memoranda * 1-page Narrative * Orders: BN-031-0137, dated 31 January 2018 * Officer Record Brief * 4 DA Forms 2823 (Sworn Statement) FACTS: 1. The applicant states, in effect: a. The failure to process the personnel action for awarding the CAB while deployed was due to an administrative process lapse and no fault of the applicant. The applicant's actions met the threshold of approval for other Soldiers' CABs within the same unit, during the same deployment, from the same approval authority, under the same regulations. Failure to award the CAB to the applicant due to administrative lapses that were no fault of the applicant is an injustice that would demonstrate a misapplication of a commonly held standard. b. The Army Human Resources Command cites the military awards regulation from 5 March 2019 in their disapproval of the applicant's request. However, the action in question occurred on 4 April 2018, and should be excluded from meeting the requirement and not contingent on whether he was performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. c. In accordance with the regulation of the time, the applicant met the specific eligibility requirements of Army Regulation 600-8-22 (Military Awards), paragraph 8-8d (2) as he was personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement as well as being in an area where hostile fire pay or imminent danger pay was authorized. d. The applicant was located outside when the rocket attack occurred. He witnessed the rockets' (presumed 107mm or larger) impact and immediately moved to his place of duty in the Tactical Operations Center Effects Cell (TOCEC). Once there, he began coordinating for an airstrike on the enemy rocket position in accordance with well-rehearsed battle drills. 2. The applicant provides: a. DA Form 4187 dated 9 July 2020, in which he states on 4 April 2018, while at Forward Operating Base (FOB) Thompson, Farah Province, Afghanistan, the applicant was within 250 meters from impact of artillery. While on an expeditionary advisory mission with 2nd Brigade, 207th Corps, the applicant came under indirect fire by enemy forces. The applicant performed counterstrike with an A10 Warthog. b. DA Form 2823 dated 2 July 2018, in which the applicant states, in effect, at approximately 1300 on 4 April 2018, the FOB received two rounds of indirect fire (107mm rockets) that impacted approximately 300 meters from the TOC and 250 meters from their living quarters. He was located outside with Staff Sergeant (SSG) S___ and Captain (CPT) G______ and personally witnessed the rounds impact. The rounds impacted nearly simultaneously at approximately the same grid and shook the ground and surrounding buildings where we were located. During the engagement. he immediately moved to the TOC for accountability purposes and began their counter fire battle drill. CPT D____, CPT H_____, and Chief Warrant Officer Two (CW2) M_____ began building the six pillars. They successfully conducted an air strike with an A10 Warthog that arrived on station approximately two minutes after the indirect fire attack on the FOB. All personnel were accounted for by Command Sergeant Major (CSM) M_______ and reported through the EC communications section to the Italian TOC. At approximately 2000 on 11 April 2018, the FOB received four rounds of indirect fire impacting approximately 600 meters from the TOC where he and Team 140 were located. During the engagement, he and BAT 140 members stayed in the TOC remaining under cover. As the BAT 140 Operations Officer, he instructed his battle captains (CPT H_____ and CPT D____), Targeting Officer (CW2 M_____) and Intelligence Analyst (CW2 S____), to gather the information needed to get the point of impact and point of origin (POO). CPT H_____ and CPT D____ received the grid for the POO from the Q-50 radar operator and plotted the information. CW2 S____ determined that the POO coincided with a historic launch site and began analyzing the possibility that the insurgent took cover in Khalybad Village. Sergeant First Class (SFC) K___ and SSG P______ manned the communications equipment and ensured they monitored and reported the incident as needed. All members of BAT 140 maintained cover, conducted the prescribed indirect fire battle drill, and received accountability reports. No coalition personnel were injured during the attack, and we requested immediate air assets to monitor and strike the POO site. c. DA Form 2823 dated 2 October 2018, in which CPT G_____ states, in effect, on 4 April 2018, he was present at the FOB when it received indirect fire from the enemy in the early afternoon. They had arrived the night before during a period of darkness, so [the applicant], SSG S___, and him were doing a reconnaissance of the FOB to determine the best location for a Shura that was scheduled for the following evening. They were standing outside the TOC and moving towards an empty building when they heard audible contact and observed rounds impacting immediately outside the wire towards the east. They initially believed it was friendly mortars registering as that was scheduled to take place at roughly the same time. They moved inside the 4th battalion EC and were informed that it was enemy indirect fire at which point they donned their Personal Protective Equipment (PPE) and took cover in a hardened structure. After the all clear [the applicant] and CSM M_______ worked to get 100% accountability of the task force. All Soldiers were present at the EC except for CPT H_____ as he was working as the night battle captain and had therefore been asleep in the barracks nearest the impact area. CSM M_______ found CPT H_____ in the bunker where he'd taken cover outside the barracks wearing his complete PPE. After accountability was complete we went back to setting up for the Shura the following day and conducting our internal mission analysis prior to a joint planning session. d. DA Form 2823 dated 3 October 2018, in which CSM M_______ states, in effect, at approximately 1300 on 4 April 2018, FOB Thompson received 2 rounds of indirect fire (107mm rockets) which impacted approximately 300 meters from the TOC and 250 meters from their living quarters. During the engagement, SFC K___ and him were finalizing the establishment of the TOC. They immediately began the react to indirect fire battle drill by establishing 100 percent accountability from all members from Task Force 140 at FOB Thompson. SFC K___ and him arrived at the living quarters to collect the remaining personnel. SFC K___ and him linked up with Captain (CPT) H_____ at the living quarters and told personnel around the living area to put their PPE on and take cover in the nearby bunker. SFC K___, CPT H_____, and him made their way back to the TOC to continue the battle drill. When they arrived, [the applicant] directed the EC to begin target development for a terrain denial strike. CPT H_____ rejoined the EC in beginning target development for the terrain denial strike and SFC K___ established and maintained communications through the battle drill. All personnel were accounted for and reported through the EC communications section to the Italian TOC. At approximately 2000 on 11 April 2018, FOB Thompson received four rounds of indirect fire impacting approximately 600 meters from the TOC where Task Force 140 and him were located. During the engagement, he received 100 percent accountability from all members of TF 140 as [the applicant], the TF 140 Operations officer, directed the EC to conduct the indirect fire battle drill. CPT D____, CPT H_____, CW2 M_____, and the JTAC began target development for a terrain denial strike. SFC K___ and SSG P______ maintained communications platforms throughout the battle drill. All TF 140 personnel were accounted for and maintained cover through the attack. e. DA Form 2823 dated 4 October 2018, in which SSG S___ states, he was with the applicant and CPT G______ on 4 April 2018, conducting a base check on the ideal location for an Afghani meeting for a Shura. The base received indirect fire from the enemy forces while they were conducting their base check. They were located outside when the indirect fire occurred. They heard audible contact and then they observed rounds impacting outside the base towards the east. They were under the assumption that it was their mortars registering. They moved to the EC at which point they discovered that it was enemy indirect fire. They proceeded to put on their PPE and moved towards the bunker. They eventually got the all clear and moved back into the EC. They proceeded to go back to conducting their current tasks for that day. f. Memorandum dated 20 November 2020, from the commander and wartime approval authority during the deployment in question who states, in effect, awarding the CAB is appropriate and consistent with the regulation and standard applied in country during their deployment. Failing to award the CAB to the applicant due to administrative lapses that were no fault of the applicant is an injustice that would demonstrate a misapplication of a commonly held standard. 3. On 21 July 2020, the Chief, Awards and Decorations Branch, Army Human Resources Command, stated the applicant's request for retroactive award of the CAB for service performed in support of Operation Freedom’s Sentinel was disapproved. The denial stated in accordance with Army Regulation 600-8-22 (Military Awards), 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 Army Board for Correction of Military Records. 4. 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: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board found the descriptions of the incident on 4 April 2018 do not indicate the applicant was in sufficiently close proximity to any incoming rounds to support a conclusion that he was personally engaged by the enemy as required by the criteria for the CAB. Based on a preponderance of evidence, the Board determined the applicant did not meet the criteria for the CAB during the incident on 4 April 2018. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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: 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) AR20210005565 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1