IN THE CASE OF: BOARD DATE: 30 July 23 DOCKET NUMBER: AR20230000482 APPLICANT REQUESTS: retroactive 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) * Orders BG-198-0111, U.S. Army Installation Management Command, 17 July 2018 * 2 DA Forms 2823 (Sworn Statement), 4 December 2020 and 12 March 2021 * Memorandum, 319th Expeditionary Military Intelligence Battalion, 22 February 2021 * Memorandum for Record, Headquarters and Headquarters Detachment, 319th Expeditionary Military Intelligence Battalion, 31 May 2021 * Memorandum, Headquarters, 319th Intelligence and Electronic Warfare Battalion (Division), 7 February 2022 * DA Form 4187 (Personnel Action), 31 March 2022 * Memorandum, U.S. Army Human Resource Command (AHRC), 27 September 2022 * Army Commendation Medal with "C" Device Certificate, Permanent Order Number 194-001 * Enlisted Record Brief, 10 March 2022 FACTS: 1. The applicant states, in effect, due to the information provided within the sworn statements, all requirements for the CAB have been met; therefore, the badge should be approved. 2. The applicant is currently serving in the Regular Army in military occupational specialty 35N (Signals Intelligence Analyst). Evidence shows he served in Afghanistan from 4 September 2018 to 23 September 2019. 3. A sworn statement from the commander of Special Forces Operational Detachment Alpha (SFOD-A) Team 1231 in Tarin Kot, Uruzgan Province, Afghanistan, dated 4 December 2020. The commander led a clearing operation against insurgent forces on 13 August 2019, and states, in effect, the applicant was assigned to his unit to enhance force protection and provide reflections of insurgent activity. a. The morning of 13 August 2019, traveling by ground convoy, the leading vehicles of the convoy began receiving accurate small arms fire from a cave system approximately 300m southeast of their route and PKM machine gun fire from the first compound in the objective area. Upon receiving fire, the detachment and its Afghan Partner Force returned fire using MK 19 and M2 vehicle mounted weapon systems and engaged the hostile forces. b. During this time, the applicant was riding in the commander's vehicle. The applicant was actively serving as a member of the crew of vehicles which were engaged in direct fire with the Taliban, conducting Low Level Voice Intercept (LLVI) operations during the engagement which continued throughout the operation. c. After this engagement, the applicant continued to provide support to force protection through LLVI operations for the duration of the operation. As the ground force commander, he attests that during the operation the applicant was under direct enemy fire and performed his duties satisfactorily in accordance with established rules of engagement. 4. A sworn statement from a Fire Support Noncommissioned Officer (NCO) attached to , Uruzgan Province, Afghanistan, who states, in effect, on 13 August 2019, the detachment conducted a clearing operation against insurgent forces. The applicant was a LLVI Soldier attached to the detachment. The NCO reiterated the incidents described in the previous sworn statement, and he further states: a. The applicant was serving as an active crew member of the lead vehicle that was engaged by insurgent direct fire weapon systems. The applicant continuously conducted Signals Intelligence (SIGINT) operations and called up suspected insurgent locations via FM radio. He was able to build situational awareness for the ground force commander which led to his determination to authorize kinetic close air support, 155mm artillery, and 81mm mortar strikes that neutralized the engaging insurgents. b. He attests, the applicant was under direct fire and performed his LLVI SIGINT duties, which greatly contributed to the neutralization of Taliban forces and the success of the operation. 5. A Memorandum for Record dated 22 February 2021, from the Battalion S4, wherein they state, in effect: a. He failed to ensure the applicant was properly recognized for his actions in combat. After the attack, he attempted to gather the necessary documenting to submit him for the CAB. He was told by members of the 2nd SFA-B team that he would be included on the sworn statement from the ground force commander. b. One month later, the applicant was involved in an engagement with insurgents as part of of Tarin Kowt, Uruzugan. He did not attempt to gather a sworn statement for this engagement at the time because he believed he would be able to submit him for the CAB for the earlier engagement in Zabul. c. 2nd SFA-B did not generate a sworn statement until after they had redeployed and left the applicant's name off the list. He attempted to contact the squad leader of the uplift infantry squad that had accompanied the applicant on several OD-A operations but was unable to get a sworn statement from the uplift team. Finally, he reached out directly to the commander of . He provided a sworn statement in December 2020 as well as Secret Internet Protocol Router (SIPR) products outlining the effects of the intelligence provided by the applicant. d. He wanted to submit these products with the packet and worked with S6 to re- activate his SIPR account. He is still unable to access these products and will continue working with Team to provide them if necessary. Due to this difficulty and the increasing lateness of these awards, he felt it prudent to submit them now with the sworn statement provided by the commander of as he was opposed to waiting any longer. 6. A Memorandum for Record dated 31 May 2021, from the Battalion S4 who states, in effect: a. On 13 August 2019, the applicant was engaged by hostile fire. The applicant was attached to in Tarin Kot, Uruzgan Province, Afghanistan as part of a LLVI team. His duties were to scan the electromagnetic spectrum to provide force protection to the supported SFOD-A team. b. That day, initiated a clearing operation against insurgent forces northwest of Tarin Kot in the vicinity of the village Bedar Karez. The applicant rode in the vehicle of the team leader. At approximately 1159D, the convoy began receiving accurate small arms fire from a cave system 300m south of the route and a compound in the objective area. U.S. and host nation forces returned fire, suppressing the hostile forces. During this engagement, the applicant provided intelligence to the team leader, enabling multiple kinetic strikes against insurgent positions through air assets and an M777 howitzer. Throughout the engagement, the applicant performed his duties satisfactorily while under constant fire. 7. A certificate for award of the Army Commendation with C Device shows Permanent Order Number 194-001 awarded the applicant the Army Commendation Medal with C Device for meritorious service as a LLVI collector while deployed in support of Operation Freedom's Sentinel from 5 September 2018 to 18 September 2019. 8. On 27 September 2022, the Chief, Awards and Decorations Branch, AHRC, stated the request for retroactive award of the CAB on behalf of the applicant for service performed in support of Operation Freedom's Sentinel was disapproved. The documentation submitted in support of the request did not provide sufficient justification to warrant retroactive approval for the incident in question. In accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-8, a Soldier must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement. On or after 5 March 2019, a Soldier must also be performing an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. The forwarded documentation did not indicate [the applicant] met the criteria. 9. 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. On or after 5 March 2019, a Soldier must also be performing an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. BOARD DISCUSSION: After reviewing the application and 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 Board considered the detailed statements from the Soldiers in the applicant s unit regarding the 13 August 2019 events and the admitted error by the S4 stating he failed to properly recognize the applicant for the actions. Based on the preponderance of the evidence available for review, the Board found sufficient evidence of an error or injustice to warrant a correction to the record by showing the award of the Combat Action Badge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :xx :xx :xx 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 Army records of the individual concerned be corrected by amending the applicant s DD Form 214 to show the award of the Combat Action Badge. 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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Instructions state 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. Award of the CAB is not automatic and will not be awarded solely based on award of the Purple Heart. The CAB may be awarded to any Soldier. Paragraph 8-8 states specific eligibility requirements which include: 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 5 March 2019, 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 the unit's combat mission in an area where hostile fire pay or imminent danger pay is authorized. b. Soldier must be performing assigned duties 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. 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. 2. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. 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) AR20230000482 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1