IN THE CASE OF: 
BOARD DATE: 19 August 2022 
DOCKET NUMBER: AR20210015565 


APPLICANT REQUESTS: 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 Provisionsof Title 10, U.S. Code, Section 1552)

•Headquarters, III Corps and Fort Hood, Orders HO-123-0002, 3 May 2017

•136th Combat Sustainment Support Battalion Memorandum (Combat ActionBadge Recommendation), 29 September 2017

•DA Form 2823 (Sworn Statement) (4)

•Email (Combat Action Badges), 7 January 2018

•DD Form 214 (Certificate of Release or Discharge from Active Duty), for theperiod ending 3 March 2018

•DA Form 4187 (Personnel Action), 24 May 2018

•U.S. Army Human Resources Command (HRC) Memorandum (Request forAward of the Combat Action Badge), 11 July 2018

•Joint Force Headquarters Alabama National Guard Memorandum (CombatAction Badge Submittal), 31 January 2020

•Narrative to Accompany Award of the Combat Action Badge

•Point of Impact of Indirect Fire Attacks, 27 September 2017

•Enlisted Record Brief, 5 February 2020



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. Code, section 1552(b); however, the Army Board for Correction of Military Record(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he was never awarded the Combat Action Badge in 2017. Hisdeploying unit continued to correct the error on multiple levels and were not able tocorrect the injustice. He met the criteria outlined in Army Regulation 600-8-22 (MilitaryAwards). He found out he was denied in July 2021. He does not feel the leadershipunderstood the requirements outlined in Army Regulation 600-8-22 and did not look atthe packets individually. Nor does he believe the National Guard Bureau took appropriate consideration of the submission because the award was not given in country. Soldier who fell outside of the area of operation, who were further away from the indirect fire attack and inside of a rocket proof building were awarded the Combat Action Badge. 

3.Headquarters, III Corps and Fort Hood, Orders HO-0123-0002, 3 May 2017, reflectthe applicant was deployed in support of Operation Freedom’s Sentinel to Kabul,Afghanistan on or about 28 May 2017.

4.136th Combat Sustainment Support Battalion memorandum (Combat Action BadgeRecommendation), 29 September 2017, reflects the applicant was recommended toreceive the Combat Action Badge. On 27 September 2017, hostile forces engagedSoldiers of Essential Function 5 Director of Logistics at Hamid Karzai InternationalAirport in Kabul, Afghanistan with indirect fire. The enemy fired 48-82mm mortars ontoHamid Karzai International Airport where 46 munitions impacted. Multiple roundsimpacted within 50-150 meters of the Soldiers.

5.On 17 October 2017, the applicant rendered a sworn statement. DA Form 2823reflects:

a.On 27 September 2017, he was working on the Essential Function 5 Director ofLogistics at Hamid Karzai International Airport. At approximately 1105 hours, the post indirect fire alarm system sounded. Within 15 seconds, rounds were heard exploding. The concussion of the rounds impacting could be felt and shrapnel and debris could be heard hitting their building and the sniper screen on the fence surrounding the compound. 

b.He immediately began accountability procedures. Once everyone was accountedfor, he and the Director of Logistics Deputy Director decided to relocate all personnel to an office on the bottom floor.  

c.The indirect fire attached continued until approximately 1430 hours with 46rounding impacting Hamid Karzai International Airport, with most of the impacts landing within 50-150 meters of the compound.  

d.At approximately 1530 hours, the warning system stated, “controlled detonationin 5 minutes.” This warning was issued several times to clear unexploded ordnance throughout the Hamid Karzai International Airport base.  

e.At approximately 1830 hours, the warning system stated, “all clear.” He then gavehis accountability report per their standard operating procedures. 

f.He further lists personnel he can verify were co-located in the building with him.







6.Sworn statements rendered by Major , Lieutenant Colonel , and  convey the same recount of the indirect fire attack.7.On 3 March 2018, the applicant was released from active duty and transferred to the  Army National Guard. His DD Form 214 reflects was credited with service in Afghanistan from 31 May 2017 through 21 February 2018.8.On 1 June 2018, the Adjutant General of Alabama approved the applicant’s request for the Combat Action Badge on DA Form 4187.9.HRC memorandum (Request for Award of the Combat Action Badge), 11 July 2018, reflects the Chief of the National Guard Bureau’s request for award of the Combat Action Badge for the applicant was disapproved. HRC stated the incident on27 September 2017 did not meet the basic requirement for the award. The witness statements do not provide clear evidence the applicant was personally engaged by the enemy or at risk of being injured in accordance with Army Regulation 600-8-22.


BOARD DISCUSSION: 

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. Based upon a preponderance of the evidence, the Board determined there is insufficient evidence that shows the circumstances involved during the incident qualifies the applicant for the CAB. 

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: 

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. 



Microsoft Office Signature Line...
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, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, andadministrative instructions concerning individual and unit military awards. The CombatAction Badge is intended to serve as a companion to the Combat Infantryman Badgeand Combat Medical Badge to recognize the greatly expanded role of non-infantrySoldiers in active ground combat.

a.The requirements for award of the Combat Action Badge are branch and militaryoccupational specialty (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 Combat Action Badge. However, the Combat Action Badge 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.A Soldier must be personally present and under hostile fire while performingsatisfactorily in accordance with the prescribed rules of engagement in an area where hostile fire pay or imminent danger pay is authorized. 

c.A Soldier must not be assigned or attached to a unit that would qualify the Soldierfor the Combat Infantryman Badge and/or Combat Medical Badge. For example, an infantryman (MOS 11B) assigned to a corps staff is eligible for award of the Combat Action Badge. However, an infantryman assigned to an infantry battalion is not eligible for award of the Combat Action Badge. 

d.Retroactive awards of the Combat Action Badge are not authorized prior to18 September 2001. Retroactive award of the Combat Action Badge is authorized for fully qualified individuals. 

(1)The wartime command retains wartime awards approval authority for12 months after redeployment and can approve award of the Combat Action Badge for Soldiers who deployed with their command, and qualified for, but did not receive the Combat Action Badge during the deployment. 

(2)Soldiers redeployed more than 12 months or reassigned to a command otherthan their wartime command and who qualified for the Combat Action Badge while deployed may request award through command channels to the Commander, HRC. Applications for retroactive award to active duty Soldiers and Reserve Component 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 Combat Action Badge may disapprove the recommendation. 

//NOTHING FOLLOWS//