IN THE CASE OF: BOARD DATE: 17 June 2022 DOCKET NUMBER: AR20210014577 APPLICANT REQUESTS: award of the - * Combat Action Badge (CAB) * Navy Unit Commendation (NUC) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Iraq Campaign Medal (ICM) with 1 bronze service star * 2 Overseas Service Ribbons (OSR) * 2 Meritorious Unit Commendations (MUC) * 2 National Defense Service Medals (NDSM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * 2 DD Forms 149 (Application for Correction of Military Record) * 3 Memoranda * 3 Letters * DD Form 214 * Enlisted Record Brief * DA Form 638 (Recommendation for Award) * Permanent Orders 222-02 dated 10 August 2007 * Permanent Orders 261-14 dated 18 September 2009 * Permanent Orders 075-01 dated 16 March 2011 * Orders 032-069(1) dated 1 February 2005 FACTS: 1. The applicant did not file within the three-year time frame 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 received the NUC from the U.S. Marine Corps for service on Camp Al Taqaddum. The award is listed on his Enlisted Record Brief but was not placed on his DD Form 214. He served in 3 phases of Operation Iraqi Freedom; therefore, he should receive the GWOTEM for his 2005 tour in addition to the ICM with bronze service star to denote the 3 phases he served in. He should have 2 OSRs, 2 NDSMs, and 2 MUCs, but they also are not reflected on his DD Form 214. 3. The applicant enlisted in the Regular Army on 15 July 2004. Evidence shows he served in Iraq from 26 February to 24 October 2005 (a period of 7 months and 29 days) and 10 September 2006 to 20 November 2007 (a period of 1 year, 2 months and 11 days). He was honorably released from active duty on 10 November 2008. The DD Form 214 he was issued shows he was awarded or authorized the: * Army Commendation Medal (2nd Award) * MUC * Army Good Conduct Medal * NDSM * Global War on Terrorism Service Medal * Iraq Campaign Medal with campaign star (2nd Award) * Army Service Ribbon * OSR * Parachutist Badge 4. The applicant states, in effect, the qualifying event for award of the CAB occurred at Logistical Support Area (LSA) Anaconda, Iraq. Enemy combatants walked in mortar rounds on his position while he performed Force Protection duties while exposed and outside the base perimeter. He was not awarded the CAB at the time because the award was approved on 2 May 2005, and the event described took place so shortly after that he recalled seeing no personnel presented with the badge. However, near misses from mortar shells and rocket attacks were regular events and snipers closing down the gates were not rare. 5. The applicant provides a/an: a. One-page narrative which states, in effect, he arrived to LSA Anaconda, Iraq in February 2005, after his unit had arrived. He was assigned to Headquarters and Headquarters Company, 1st Corps Support Command as a staff driver in the protocol section. His commanding officer was Major (MAJ) W___. In early summer, he led a detail of local nationals (LN) to repair a section of concertina wire on the base perimeter near a burn pit when he heard a thud maybe 10 to 15 feet away. A bit further into the pit there was a loud explosion. He believes it was possibly a mortar ambush or spotters looking to breach. The LNs wanted to flee, but the applicant made it clear with his weapon that he would prevent them from leaving and ordered them to complete repair on the fence. b. Memorandum from the former Secretary of the General Staff (SGS) and Chief of Protocol for 1st Corps Support Command, Balad, Iraq, who recommends approval of a retroactive CAB for the applicant. He states, in effect, he has no doubt the applicant was in the line of fire on numerous occasions. Being the SGS he processed every award which came to the commander for approval. The CAB was a newly approved award which required general officer certification and requests were rarely considered favorably during the year. The burden of required witnesses, drawings, and proof of injury were onerous and eventually dissuaded lower commanders from even submitting requests. c. DA Form 638 dated 7 July 2005, in which the applicant apparently underlined statements which notes he conducted perimeter force protection and related duties involving Iraqi local nationals which contributed to the safety and security of the entire installation as well as area modifications. His initiative and courage in a hostile situation proved vital to successful combat operations in Iraq. d. Statement of Combat Service for the period 16 November 2004 to 15 November 2005, with Headquarters and Headquarters Company, 1st Corps Support Command, Balad, Iraq. e. Enlisted Record Brief dated 21 August 2008, which lists the NUC and 2 NDSMs in Section VIII – Awards and Decorations. f. Permanent Orders 222-02 dated 10 August 2007, which awards the MUC to members of Headquarters and Headquarters Company and Special Troops, 1st Support Command from 11 November 2004 to 27 October 2005. g. Permanent Orders 261-14 dated 18 September 2009, which awards the MUC to members of Detachment, Headquarters and Headquarters Detachment, 264th Support Battalion from 12 March 2006 to 1 February 2007. h. Permanent Orders 075-01 dated 16 March 2011, which awards the MUC to members of Headquarters and Headquarters Detachment, 264th Support Battalion from 12 June 2006 to 17 April 2007. i. Letter from the Department of Veterans Affairs dated 13 September 2021, which shows his combined service-connected evaluation is 90 percent. 6. On 13 July 2021, the Deputy Chief, Awards and Decorations Branch, Army Human Resources Command, stated they remained unable to take favorable action on his request regarding entitlement to award of the CAB. The applicant was advised of his appeal rights to the ABCMR. 7. The applicant's Official Military Personnel File does not contain documentation showing the requirements for award of the NUC and certificate and/or citation showing the requirements were met. 8. 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. 9. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows one deployment was over 9-months long; therefore, showing one OSR is correct. Regulatory guidance does not allow for a member to receive the GWOTEM and the ICM for a deployment to Iraq even when there is more than one deployment to the country; the ICM will show the proper number of awards and campaign stars. The applicant’s ERB shows the NUC and NDSM (2nd Award). Members are authorized more than one NDSM if they served in the military during numerous periods in which the medal was authorized; his record only shows one period, which was during the Global War on terrorism, and he provided no evidence that he received an Award from the Navy. Finally, based upon a preponderance of the evidence, the Board determined there is insufficient evidence that shows the applicant is authorized a CAB IAW with regulatory guidance. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): The following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 10 November 2008 without action by the Board: amend the MUC to show MUC (2nd Award) based upon PO# 222-02 and PO#075-01. 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), 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 not 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. 3. The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM. 4. The OSR is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the OSR. Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more. Therefore, the OSR may be granted if the applicant served at least 8 months and 16 days on his/her tour. Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status within a 24-month period get credit for a complete short tour in accordance with Army Regulation 614-30, Tables 3-2, rules 6 and 8. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty. 5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. The ABCMR considers individual applications that are properly brought before it. 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 injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014577 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1