IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220011011 APPLICANT REQUESTS: reversal of the U.S. Army Human Resources Command, Awards and Decorations Branch, to deny him award of the Combat Action Badge (CAB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 22 July 2022 * DD Form 214, Member 1 (Certificate of Release or Discharge from Active Duty), 9 February 2004 * DD Form 214, Member 4 (Certificate of Release or Discharge from Active Duty), 9 February 2004 * Discharge Certificate, 25 March 2008 * letter, Army Human Resources Command (AHRC) CAB Denial, 7 June 2022 * statement, CAB Support from , undated * self-authored statement, undated 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 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 wishes to be awarded the Combat Action Badge. a. He states that while deployed with the 88th Military Police Company to Iraq, on 17 October 2003, his squad was under direct enemy fire while performing security at a radio relay site near Kish, Iraq. A formal incident report was not completed, as there were no injuries sustained during the enemy attack. b. The applicant subsequently requested award of the Combat Action Badge through AHRC channels, as the award was not created until 29 June 2005, after his discharge from the Army Reserve. On 7 June 2022, the applicant received a letter from AHRC denying his request to be awarded the Combat Action Badge. 3. The applicant enlisted in the Army Reserve on 24 March 2000. He held military occupational specialty 31B, Military Police. 4. On 10 February 2003, he was ordered to active duty in support of Operation Enduring Freedom. He served in Kuwait/Iraq from 29 April 2003 to 30 December 2003. He was assigned to 88th Military Police Company. 5. He was honorably released from Active Duty on 9 February 2004. His DD Form 214 credits him with the completion of 1 year of net active service. It also shows the following in block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Armed Forces Reserve Medal with M Device * Army Achievement Medal * National Defense Service Medal * Armed Forces Reserve Medal * Army Service Ribbon * Army Reserve Components Overseas Training Ribbon * Driver and Mechanic Badge with Driver-W Bar. 5. On 23 July 2009, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added the following information: a. block 13: Good Conduct Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with two bronze service stars. b. block 18 (Remarks): Service in Kuwait/Iraq from 29 April 2003 to 23 December 2003// NOTHING FOLLOWS. 6. A review of the applicant’s military records does not show that he was ever awarded the Combat Action Badge. 7. On 22 June 2022, the U.S. Army Human Resources Command (HRC), Awards and Decorations Branch informed by letter that his request to be awarded the CAB was disapproved. The letter states: a. They are unable to take favorable action upon his request. Army combat badges are designed to provide special recognition to Soldiers who personally engage the enemy in ground combat or who satisfactorily perform their duties while being engaged in ground combat by the enemy. This particular event does not mee the regulatory guidance for award of the CAB. In accordance with Army Regulation (AR) 600-8-22 (Military Awards), paragraph 8-8, the CAB is not intended to recognize an individual for unit battle participation or deployment to a combat zone. The CAB is designed to recognize the non-Infantry Soldier, whose daily mission, similar to infantry, is to close with and destroy the enemy. The badge is intended to recognize an individual Soldier's sati factory performance in ground combat with the enemy. b. The retroactive request considered by this office did not demonstrate, that he fulfilled all basic criteria: a) Personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement; and b) Performing assigned duties associated with the unit's combat mission. Please note, all awards are considered on an individual basis; HRC cannot authorize a new award based upon awards issued to another servicemember. 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. The evidence of record shows the applicant held an MP MOS and was assigned to an MP company during his Kuwait/Iraq deployment from 29 April 2003 to 30 December 2003. However, the Board found no evidence the applicant was personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement and performing assigned duties associated with the unit's combat mission. The Board determined he does not meet the criteria for award of 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. 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Specific eligibility requirements for award of the Combat Action Badge include: a. may be awarded to any Soldier, b. 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, c. Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge and/or Combat Medical Badge, d. retroactive award of the Combat Action Badge is authorized for fully qualified individuals. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011011 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1