IN THE CASE OF: BOARD DATE: 14 October 2022 DOCKET NUMBER: AR20220004212 APPLICANT REQUESTS: * In effect, the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the below-listed awards and military education: * Purple Heart (2nd Award) * Army Commendation Medal (3rd Award) and “V” Device * Primary Leadership Development Course * In effect, award the Combat Action Badge and include it on his DD Form 214 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two DA Forms 4187 (Personnel Action) * Two DA Forms 4980-10 (Purple Heart Certificate) * Two DA Forms 4980-14 (Army Commendation Medal Certificate) * Three DA Forms 638 (Recommendation for Award) * Combined Joint Task Force Seven Permanent Orders Number 300-032, dated 27 October 2003 * Personnel Services Battalion Order Number 024-04, dated 24 January 2005 * Primary Leadership Development Course Diploma * DA Form 1059 (Service School Academic Evaluation Report) * Extract from a Times Magazine news article, dated November 2003 * Defenders of Freedom Certificate FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, that he would like the Board to award him the Combat Action Badge, and to have this and his other awards and military education added to his DD Form 214. 3. The applicant provides documentation verifying the authorizations for all of the above-stated awards, except the Combat Action Badge; he additionally submits proof he successfully completed the Primary Leadership Development Course, and he adds a Times Magazine article, which includes a photo of the applicant with other members of his former squad, and a “Defenders of Freedom” Certificate. 4. The applicant’s request for the Combat Action Badge (CAB) is premature. Paragraph 2-5, Section II, Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states that the Board will not consider any application if it determines that you have not exhausted all administrative remedies available to you. There is no evidence that he has submitted his request for award of the CAB to the Commander, U.S. Army Human Resources Command, and were denied relief. a. In accordance with Army Regulation (AR) 600-8-22 (Military Awards), the Combat Action Badge (CAB) provides special recognition to Soldiers who personally engaged, or were engaged by, the enemy; the award is intended to serve as a companion to the Combat Infantryman and Combat Medical Badges and acknowledge the expanded role of non-infantry Soldiers in active ground combat. The CAB is not automatic and is not granted solely based on the receipt of the Purple Heart, but any Soldier who meets the below-listed criteria is eligible receive this award. The specific eligibility requirements: * The Soldier must have been personally present and under hostile fire while performing satisfactorily under prescribed rules of engagement in an area where hostile-fire pay, or imminent-danger pay are authorized * He/she must have been performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy * The Soldier must have been performing his/her assigned duties associated with the unit’s combat mission where hostile fire or imminent danger pay are authorized * He/she must not have been assigned or attached to a unit that would qualify him/her to the award of the Combat Infantryman or Combat Medical Badges retroactive award of the CAB is authorized to fully qualified individuals. 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 deployment b. 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 (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122– 5408. 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 CAB may disapprove the recommendation. All Army National Guard requests, once endorsed, will be submitted to the Director, (ARNG–HRH–A), 111 South George Mason Drive, Arlington, VA 22204 prior to being submitted to HRC. Retirees and veterans should address their applications to HRC for processing. The DA Form 4187 with endorsement by the first general officer is not required. All other criteria must be met. Requests for retroactive award of the CAB will not be made except where evidence of injustice is presented. Submitted request must include justification explaining why the CAB was not awarded in theater. c. Veterans may submit their request for award of the CAB to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Requests must contain: * assignment, attachment, or operational control orders * a copy of your Enlisted/Officer Record Brief or Personnel Qualification Record * a copy of the chain of command endorsement * a one-page narrative description of the qualifying incident * a certified copy of the DD Form 214 * other supporting documentation, including medical records identifying injuries and/or medical care received, operational staff duty logs recording the date of incident, casualty reports, sworn statements, and/or other supporting documents d. In view of the foregoing information, this portion of the applicant’s request will not be considered by the Board. 5. The applicant’s service records show: a. On 13 November 2001, the applicant enlisted into the Regular Army for 3 years. Upon completion of initial entry training and the award of military occupational specialty 21B (Combat Engineer), orders assigned him to a combat engineer company within an armored cavalry regiment; he arrived at his unit, on 11 April 2002. b. On 11 April 2003, the applicant deployed with his unit to Iraq. On or about 4 August 2003, while participating in combat operations, a rocket-propelled grenade (RPG) struck the applicant’s vehicle and two pieces of shrapnel injured the applicant. Permanent Orders (PO) subsequently awarded the applicant the Purple Heart (1st Award). c. On 25 August 2003, while serving as a member of a Sapper Element conducting route clearance and reconnaissance, the enemy ambushed the Sapper Element with small arms fire. While maneuvering to engage the enemy, an RPG struck the rear of the applicant’s armored personnel carrier, injuring the applicant’s left knee and severely wounding three fellow Soldiers. The applicant immediately gave life-saving first aid to the wounded Soldiers, and his quick response under direct enemy fire saved the Soldier’s lives. In October 2003, PO awarded the applicant the Purple Heart (2nd Award) and the Army Commendation Medal with “V” Device. d. On 11 December 2003, the applicant’s leadership recommended him for the Bronze Star Medal for his meritorious service while assigned to his combat engineer company; the chain of command ultimately downgraded the recommendation and, on 7 January 2004, PO awarded the applicant the Army Commendation Medal (2nd Award). e. On 25 February 2004, the applicant immediately reenlisted for 4 years; as a reenlistment option, the applicant chose reassignment to Fort Hood, TX. On 19 March 2004, the applicant redeployed to Fort Carson. In or around October 2004, permanent change of station orders reassigned him to Fort Hood, TX; on 3 November 2004, PO awarded the applicant the Army Commendation Medal (3rd Award). f. In or around November 2004, the applicant arrived at his Fort Hood unit. On 24 January 2005, Personnel Services Battalion orders promoted the applicant to sergeant (SGT)/E-5, effective 1 February 2005. On 17 March 2005, the applicant graduated from the III Corps and Fort Hood Noncommissioned Officer Academy’s Primary Leadership Development Course. g. On 11 August 2005, the applicant’s Fort Hood chain of command separated him with a general discharge under honorable conditions. The applicant’s DD Form 214 shows he completed 3 years, 8 months, and 29 days of net active duty service, of which he served 1 year, 5 months, and 18 days on his 4-year reenlistment contract. The form additionally lists the following: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon * Item 14 (Military Education) – Combat Engineer Course, 8 weeks, 2002 * Item 25 (Separation Authority) – Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c (2) (Separation for Misconduct – Abuse of Illegal Drugs) BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant was issued two sets of orders awarding two awards of the Purple Heart and three awards of the Army Commendation Medal, one of which with a “V” Device. Additionally, he graduated from the III Corps and Fort Hood Noncommissioned Officer Academy’s Primary Leadership Development Course. His DD Form 214 omitted the awards and the training course. 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 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 amending his DD Form 214 as follows: * Item 13. Add Purple Heart (2nd Award) and Army Commendation Medal (3rd Award) and “V” Device * Item 14. Add, Primary Leadership Development Course, 2 weeks, 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: 1. Title 10, USC, 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. AR 600-8-22 (Military Awards), currently in effect, states the Combat Action Badge provides special recognition to Soldiers who personally engaged, or were engaged by, the enemy; the award was intended to serve as a companion to the Combat Infantryman and Combat Medical Badges and acknowledge the expanded role of non- infantry Soldiers in active ground combat. The regulation states the award of the Combat Action Badge is not automatic and is not awarded solely based on the award of the Purple Heart, but any Soldier can receive this award. The specific eligibility requirements are: * The Soldier must have been personally present and under hostile fire while performing satisfactorily under prescribed rules of engagement in an area where hostile-fire pay, or imminent-danger pay are authorized * He/she must be performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy * The Soldier must be performing his/her assigned duties associated with the unit’s combat mission where hostile fire or imminent danger pay are authorized * The Soldier must not be assigned or attached to a unit that would qualify him/her to the award of the Combat Infantryman or Combat Medical Badges //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004212 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1