IN THE CASE OF: 
 
  BOARD DATE: 15 August 2023 
 
  DOCKET NUMBER: AR20230000907 
 
 
APPLICANT REQUESTS:  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) 

• Self-Authored Letter 

• Excerpt of H.R. 293 Retroactive Eligibility for the CAB 

• Special Orders Number 308 Assignment Orders 

• Special Orders Number 48 Assignment Orders 

• Officer Record Brief (ORB) 

• General Orders Number 3589 Award of the Bronze Star Medal (BSM) with V Device 

• Request for Orders 


 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), 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 his application and self-authored letter, in effect: 
 
 a.  He has recently learned that the CAB is eligible for retroactive award for actions after 7 December 1941 per the authority of H.R. 293 113th Congress. Based on that authority, he is requesting approval of the award based on his service in the 2nd Battalion (BN) (Airborne) 501st Infantry, 101st Airborne Division in the Republic of Vietnam during the period of 24 July 1968 to 18 May 1969. He has enclosed his ORB and assignment orders for the Board's consideration.  
 
 b.  He satisfies three of the four criteria for the award. The only one not satisfied is being assigned to a unit authorized award of the Combat Infantryman Badge/Combat Medical Badge. This places him in a catch 22 type of situation because he was a 
Military Intelligence (MI) officer assigned to an Infantry BN performing in a position coded for an infantry officer.  
 
 c.  The circumstances are somewhat confusing. He occupied the position of BN S2, which at the time called for an infantry officer. He was also dual hatted as BN S5, which was also an infantry position. In addition, due to personnel shortages, he also functioned as an assistant S3, which was also an infantry position.  
 
 d.  He was awarded the Military Occupational Specialty (MOS) for these jobs as an additional MOS. Despite all these factors, he was never officially awarded Combat Infantryman Badge orders, although the XXIV Corps Commander personally pinned one on him on 26 December 1968. The reason for this, according to the BN S1, was that he did not possess a 1542 (Infantry Officer) MOS, which was awarded only by going to infantry school a standard requirement. 
 
 e.  As it made some degree of sense, he accepted that decision despite the fact that a 101st Airborne Division Regulation, at the time, stated that officers in branches other than infantry who occupy 2162 positions calling for an infantry officer are eligible for the award. His estimate is that 40 percent of his efforts in the battalion were specific infantry tasks, including temporary command of conglomerate units for specific tasks, twelve combat assaults with platoons/company-sized units, five two-man night ambushes, leading squad sized medical civil action patrol missions with an artillery reconnaissance sergeant in tow, and acting as officer in charge for the tactical command post (TACCP) defense when the battalion was on the move or occupying a small fire support base.  
 
 f.  His infantry skills were acquired at Pennsylvania Military College. Of the 309 days he was in the battalion, he was in the field with the TACCP or company-sized units all but 10 days.  
 
 g.  He has gone into all this detail to demonstrate the catch 22 he finds himself in and to demonstrate that he was really under fire and performed satisfactorily. 
 
3.  The applicant's service record contains the following documents for the Board's consideration: 
 
 a.  On 29 July 1964, the applicant entered active duty as a commissioned officer. 
 
b.  DA Form 2-1 (Personnel Qualification Record), which shows in item: 
 
• 5 (Oversea Service) he had service in Vietnam from 19 May 1968 through  


19 May 1969 
• 6 (MOS) did not show he had an infantry MOS 

• 35 (Record of Assignment) did not show his service prior to 15 August 1974 


 c.  DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably retired from active duty by reason of permanent physical disability. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) and item 18 (Remarks) was void of the CAB.  
 
4.  The applicant provides the following documents for the Board's consideration: 
 
a. An excerpt of H.R. 293 which is a proposed bill to expand retroactive eligibility of the Army CAB to include members of the Army who participated in combat during which they personally engaged or were personally engaged by the enemy at any time on or after 7 December 1941. It states, in effect the Secretary of the Army may award the Army CAB to a person who, while a member of the Army, participated in combat during which the person personally engages, or was personally engaged by, the enemy at any time, during the period beginning on 7 December 1941 and ending on  


18 September 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.  
 
b. Special Orders Number 308, published by Headquarters, 101st Airborne Division, dated 3 November 1968, assigned the applicant to Headquarters, Headquarters Company (HHC), 2nd BN (Airmobile), 501st Infantry with a report date of  


1 November 1968.  
 
 c.  Special Orders Number 48, published by Headquarters, 101st Airborne Division, dated 17 February 1969, assigned the applicant as the BN S2 in HHC, 2nd BN (Airmobile) 501st Infantry, effective 24 July 1968 [sic]. 
 
 d.  ORB which shows his assignment history. It shows he was assigned as the S2 and Assistant G2 Operations officer, while in Vietnam.  
 
 e.  General Orders Number 3589, published by Headquarters, 101st Airborne Division, dated 20 April 1969 awarded the applicant the BSM with V Device for heroism in ground combat in the Republic of Vietnam on 23 October 1968. The post was subjected to an intense concentration of enemy mortar fire.  
 
 f.  Request for Orders dated 11 May 1969, which shows MOS awarded A9301-A2162 with a note the applicant had served for 12 months in his current tour in MOS 9301(Tactical Intelligence Staff Officer) BN S2 and secondary MOS 2162 (Operations and Training Staff Officer) as the assistant S-3. 
 
 
 
 
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 shows the applicant served on active duty from July 1964 to December 1982.  By regulation, AR 600-8-22, the Army regulation that governs awards and decorations for Army Soldiers, awards of the CAB are not authorized prior to 18 September 2001. The applicant provides a proposed narrative for a bill that has neither passed nor approved as a law.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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. 
 
  8/15/2023

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.  H.R. 293 a proposed bill to Congress to expand retroactive eligibility of the Army CAB to include members of the Army who participated in combat during which they personally engaged or were personally engaged by the enemy at any time on or after  
7 December 1941. It states, in effect the Secretary of the Army may award the Army CAB to a person who, while a member of the Army, participated in combat during which the person personally engages, or was personally engaged by, the enemy at any time, during the period beginning on 7 December 194 and ending on 18 September 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation. This Bill has not been passed as a law.  
 
3.  Army Regulation 600-8-22 (Military Awards), paragraph 8–8 (CAB) currently in effect, states: 
 
 a.  The CAB is awarded to Soldiers who personally engaged, or are engaged by, the enemy. The CAB is intended to serve as a companion to the Combat Infantryman Badge and Combat Medical Badge to recognize the greatly expanded role of non-infantry Soldiers in active, ground combat.  
 
 b.  The requirements for award of the CAB are branch and 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 CAB. However, 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.  
 
 c. Award of the CAB is not automatic and will not be awarded solely based on award of the Purple Heart.  
 
 d. Specific eligibility requirements include:  
 
  (1) May be awarded to any Soldier.  
 
  (2) 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 the effective date of this publication, 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. The requirement for hostile fire pay or imminent danger pay does not apply to cases determined to be eligible.  
 
  (3) 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.  
 
 e.  Retroactive awards of the CAB are not authorized prior to 18 September 2001. Award of the CAB is authorized for the following operations: 
 
• Afghanistan (OEF, 18 September 2001 to 31 December 2014; OFS,  


1 January 2015 to a date to be determined) 
• Iraq (OIF, 19 March 2003 to 31 August 2010; OND, 1 September 2010 to 31 December 2011) 

• OIR, 15 June 2014 to a date to be determined 


 
f.  Retroactive award processing for the CAB. Retroactive award of the CAB is authorized for time periods specified above for fully qualified individuals. 
 
//NOTHING FOLLOWS//