ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210006244 APPLICANT REQUESTS: reversal of the U.S. Army Human Resources Command (HRC) denial of award of the Combat Action Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Applicant's memorandum to the Army Board for Correction of Military Records (ABCMR), (Request to Award the CAB to (Applicant)), 7 December 2020 * DA Form 4187 (Personnel Action), 11 July 2020 * Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA Orders BN-031-0146, 31 January 2018 - deployment orders * Narrative for CAB * Officer Record Brief (ORB) * Four DA Forms 2833 (Sworn Statements) - eyewitness statements * HRC memorandum, (Request for Award of the CAB for (Applicant)), 21 July 2020 * Headquarters, Security Force Assistance Command (SFAC), Fort Bragg, NC memorandum to the ABCMR, (Awarding of the CAB to (Applicant)), 20 November 2020 FACTS: 1. The applicant states he should be retroactively awarded the CAB for actions on 4 April 2018 [during Operation Freedom's Sentinel - Afghanistan]. He notes the failure to process the personnel action for awarding the CAB while he was deployed was due to administrative processing lapse and no fault to the Soldier. His actions met the threshold of approval for other Soldiers' CAB within the same unit, during the same deployment, from the same approval authority, under the same regulations. Failure to award the CAB to him due to administrative lapses that were no fault of his is an injustice that would demonstrate a misapplication of a commonly held standard. 2. In a 7 December 2020 self-authored memorandum to the Board, the applicant notes the following, in pertinent part (see attachment): a. He believes his actions were in accordance with the prescribed rules of engagement and conducted while under hostile fire at a hastily occupied outpost in a remote part of western Afghanistan. b. The disapproval memorandum from HRC of the retroactive award of the CAB cited two reasons for disapproval which he believes are incorrectly applied. c. The wartime approval authority during the deployment, Brigadier General (BG) , was also his commander during the submission of the retroactive award. Therefore, his comments meet, and exceed, the standard of justification of the wartime chain of command up to the first general officer requirement. He recommended approval of the award through HRC with justification with a comment of injustice. d. The CAB paperwork was begun during the deployment as evidenced by the sworn statements, but was not completed properly due to process lapses that were no fault of his. 3. The applicant was appointed as a Reserve commissioned officer of the Army on 13 May 2009 in the rank/grade of second lieutenant (2LT/O-1) in the Field Artillery. He was ordered to active duty to fulfill a four-year active duty commitment on 10 April 2009. He was promoted to the rank/grade of captain (CPT/O-3) on 1 December 2012 and subsequently, promoted to the rank/grade of major (MAJ/O-4) on 1 March 2020. 4. Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA Orders BN-031-0146, 31 January 2018 ordered him, a CPT at the time, with his unit to deploy in support of Operation Freedom's Sentinel - Afghanistan on or about 20 February 2018. 5. The applicant provides: a. A DA Form 4187, 11 July 2020, with enclosures, requesting award of the CAB to HRC. It notes the enemy engaged him on 4 April 2018 at Forward Operating Base (FOB) Thompson, Farah Province, Afghanistan. While on an expeditionary advisory mission with the 2d Brigade, 207th Corps (Afghanistan Army), he came under indirect fire by enemy forces. It further notes he was within 200 meters from the impact of a 107mm rocket. He took cover, instructed others to take appropriate action, and conducted a strike with the coalition effects cell. This form is signed and dated by the Commander, 4th Battalion, 1st SFAB on 11 July 2020. b. A one-page narrative to accompany the award of the CAB. It notes he came under fire from enemy rockets that impacted approximately 200 meters from him while conducting operations at FOB Thompson, jointly occupied by Afghanistan Army personnel and members of 4th Battalion, 1st SFAB on 4 April 2018 during Operation Freedom's Sentinel (see attachment). c. A copy of his ORB showing his overseas deployment data and assignment history. d. Four DA Forms 2823, one from a Command Sergeant Major, two fellow officers, and one sworn statement from himself, all attest to their eye-witness accounts that while at FOB Thompson on 4 April 2018 they came under rocket attack and that the applicant was present and involved in the incident (see attachments). 6. HRC memorandum, (Request for Award of the CAB for (Applicant)), 21 July 2020 denied his request for retroactive award of the CAB for his service performed in support of Operation Freedom's Sentinel. The denial memorandum states: a. After a thorough review of the information provided, the forwarded recommendation of the CAB does not meet the statutory guidance outlined in Army Regulation AR 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." b. The Army CAB was created in 2005 by the CSA 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 [Combat Infantryman Badge] and CMB [Combat Medical Badge] to recognize the greatly expanded role of non-infantry Soldiers in active, ground combat. c. Retroactive award of the CAB is authorized for fully qualified individuals; however, in accordance with Army Regulation 600-8-22, paragraph 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. d. If the applicant believes this determination to be unjust, he has the right to appeal to the ABCMR. Although this response was not favorable, this determination in no way reflects negatively on his honorable service to our Nation. 7. Headquarters, Security Force Assistance Command (SFAC), Fort Bragg, NC memorandum to the ABCMR, (Awarding of the CAB to (Applicant)), 20 November 2020 from the commander, BG strongly recommending the Board approve the retroactive CAB for the applicant for his actions on 4 April 2018. He further notes: Awarding of this CAB is appropriate in these circumstances and consistent with the regulation and the standard applied in country during our deployment. The failure to process this action while deployed is due to administrative process lapse and no fault of the Soldier. As the commander and delegated wartime approval authority during the deployment in question, only the lapse in this authority after twelve months precluded the award of the CAB to (Applicant) once this oversight was brought to my attention. (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 (Applicant) due to administrative lapses that were no fault of the Soldier is an injustice that would demonstrate a misapplication of a commonly held standard. 8. The applicant is still serving on active duty. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered the applicant's contentions, military record, and regulatory guidance for the award of the Combat Action Badge. The Board reviewed the circumstances during which the applicant's actions were considered for the award and sworn eyewitness accounts. The Board further noted that the applicant's commander held wartime approval authority during the period of deployment and that, due to wartime circumstances, the approval process was delayed at no fault of the applicant. Based on the preponderance of the evidence, the Board determined the evidence presented sufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented 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 to show the award of the Combat Action Badge for actions taken on 4 April 2018. 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 (Military Awards) provides policy, criteria, and administrative instructions concerning individual and unit military awards. The Combat Action Badge (CAB) was approved on 2 May 2005, 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 (Combat Infantryman Badge) and CMB (Combat Medical Badge) to recognize the greatly expanded role of non-infantry Soldiers in active, ground combat. a. The requirements for award of the CAB are branch and MOS (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, 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. b. Award of the CAB is not automatic and will not be awarded solely based on award of the PH. Specific eligibility requirements include- (1) May be awarded to any Soldier. (2) A Soldier must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement, in an area where hostile fire pay or imminent danger pay is authorized. For all named conflicts beginning after the effective date of this publication, a Soldier must also be performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. A Soldier must be performing their assigned duties associated with unit's combat mission in an area where hostile fire pay or imminent danger pay is authorized. The requirement for hostile fire pay or imminent danger pay does not apply to cases determined to be eligible under the conditions described in paragraph 3-8c. (3) Soldier must not be assigned or attached to a unit that would qualify the Soldier for the CIB and/or CMB. c. Retroactive awards of the CAB are not authorized prior to 18 September 2001. Award of the CAB is authorized for the following operations (award for qualifying service in any previous conflict is not authorized): * Afghanistan (OEF, 18 September 2001 to 31 December 2014; OFS, 1 January 2015 to a date to be determined) * Iraq (OIF, 19 March 2003 to 31 August 2010; OND, 1 September 2010 to 31 December 2011 * OIR, 15 June 2014 to a date to be determined d. Retroactive award processing for the Combat Action Badge. The wartime command retains wartime awards approval authority for 12 months after redeployment, and can approve award of the CAB for Soldiers who deployed with their command, and qualified for, but did not receive the CAB during the deployment. Soldiers redeployed more than 12 months or reassigned to a command other than their wartime command and qualified for the CAB while deployed may request award through command channels to Commander, U.S. Army Human Resources Command. Applications for retroactive award to active duty Soldiers and RC Soldiers will be forwarded through command channels to the first general officer (for endorsement) to HRC for processing. The first general officer in the chain of command of the Soldier recommended for award of the CAB may disapprove the recommendation. Requests for retroactive award of the CAB will not be made except where evidence of injustice is presented. For requests submitted under paragraph 8-8g(2)(b) through (d) must include justification explaining why the CAB was not awarded in theater. //NOTHING FOLLOWS//