IN THE CASE OF: BOARD DATE: 7 June 2023 DOCKET NUMBER: AR20230005530 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), 28 March 2023 * Self-authored statement, undated * Statement, Applicant, undated * Improvised Explosive Device (IED) Incident Report, Reference ID, 5 April 2007 * Partially discernable screenshot, undated * DD Form 214 (Certificate of Release or Discharge from Active Duty), 26 August 2007 * Statement, LTC , USAR, undated * Statement, MAJ , undated * Statement, SGT , undated * Statement CPT , undated * Statement SPC , undated * U.S. Army Human Resources Command (AHRC), Awards and Decorations Branch congressional letter, 28 December 2020 * AHRC, Awards and Decorations Branch, congressional letter, 20 September 2022 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: a. His evidence explains why the CAB was not approved in theater. His unit was stationed at Al Asad Air Base and he was among a small detachment of 15 Soldiers from the battalion stationed at Camp Korean Village. b. No attempts were made to submit non-infantry Soldiers for CABs, nor was he ever given the opportunity to do so. Two of the three events he mentioned happened after he was in Iraq for over a year, and when he inquired about requesting a CAB, he was told he needed to do it earlier in the deployment or later when he returned to the Continental U.S. c. On 18 December 2006, he was at Camp Korean Village outside the Marine Corps Operation Center burning sensitive papers in a burn barrel when there was an explosion from behind at the building. The post reported insurgent attackers fled after firing two mortars. Two Marines were killed about 40 metes from where he was standing. He has a video still of the camp where he was at the time of the attack. d. On 5 April 2007, he was in a convoy going from Al Asad Air Base to Camp Korean Village. An improvised explosive device (IED) was triggered approximately 35 metes from his vehicle, which did not sustain any noticeable damage. There were no casualties. He was close enough to feel the shock of the blast as well as ringing in his ears. e. Sometime in May 2007, he was traveling on a resupply convoy from Camp Korean Village to Trebil to observe an IED hotspot and conduct a cordon search of a fuel station. His vehicle stopped when a man dropped a bag and he heard popping noise which he realized were shots fired at him. He ran to cover in his vehicle. He had no idea where the shots came from. He did not make a report on this incident. 3. The applicant provides the following documents: a. An IED explosion Incident Report, showing the date, time, and location with other specifics concerning an IED attack reported, while traveling to Camp (name redacted) Village. b. An undated screenshot taken from a video, which is partially discernable. c. Undated statements in support of the applicant's request for the CAB: (1) LTC , the applicant's company commander, which reads in part, he was not present at the events the applicant described but would have signed off on his packet has it been presented to him. (2) MAJ , states he was at Camp Korean Village with the applicant, when he and the applicant were burning material at the time of the attack. The indirect fire hit which struck outside the Marine Aviation Wing building, resulted in two Marines being killed. (3) CPT , who was traveling with the applicant from Al Asad to Camp Korean Village on 5 April 2007, states, when a possible IED was discovered and exploded. His and the applicant's trucks were about 40 to 50 meters away from the explosion. They went to the Navy medical station upon their return but no major issues were found, however no information was placed in their medical records. (4) SGT , who was traveling in a convoy from Al Asad to Jordan, when he heard over the radio that a IED went off states, he was in the last truck and the applicant was in the first truck. He stopped when he heard on the radio that there was a possible IED. His truck was about 150 meters from the IED when it exploded. (5) SPC , who was traveling with the applicant in a convoy from Al Asad to Camp Korean Village, states when they stopped, several rounds of small arms fire came from an unknown direction. He was unable to determine where the fire came from and therefore, did not return fire. They got back in their trucks and finished their mission. d. A letter from AHRC, ADB, 28 December 2020 in response to congressional inquiry related to the applicant's request for the CAB, states in part: (1) We would like to take favorable action; however, we are unable to facilitate your request at this time. 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. (2) In accordance with Army Regulation 600-8-22 (Military Awards), Paragraph 8-8, the CAB may be awarded to Soldiers who were: * 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 * Performing their assigned duties associated with the unit's combat mission (3) All retroactive requests for the CAB must demonstrate the aforementioned basic criteria. Army Regulation 600-8-22, Paragraph 8-8, g, (2), e also requires justification explaining why the CAB was not approved in theater to accompany the retroactive request. A complete packet requires the memo detailing why the CAB was not authorized by the wartime command, a personal narrative and sworn eyewitness statements from Soldiers who participated in the same ground combat action, detailing the specific date of the incident, your constituent's proximity to the enemy direct or indirect fires (in meters) and whether he could have reasonably been injured by the blast, detonation or explosion. These documents must not resemble one another in terms of language and description of the incident; the statements must present the eyewitnesses' unique, first-hand accounts of Mr. actions (i.e., they must use their "own words"). (4) In this regard, the provided witness statements do not support Mr. request as they are identical to one another, provide very little information, and do not indicate they were present during the incident in question. In order to make a determination, we require additional witness statements that meet the aforementioned criteria. While our standard is a minimum of two eyewitness statements, if the packet is strengthened by additional source material (e.g., unit reports), then a single eyewitness statement would be likely sufficient. We have enclosed a resource handout for your constituent's convenience. Upon receipt of the appropriate documentation, we would be pleased to further respond to your inquiry. e. A letter from AHRC, ADB, 20 September 2022 in response to congressional inquiry related to the applicant's request for the CAB, reading in part: (1) Upon thorough review of the provided documentation, we remain unable to authorize issuance of the Combat Action Badge. Army combat badges are awarded to denote proficiency in the performance of a Soldier's duties under hazardous conditions; specifically, the Combat Action Badge was created to provide special recognition to Soldiers who personally engaged, or were engaged by, the enemy in active ground combat. The Combat Action Badge is not intended to recognize Soldiers who serve in a combat zone or who receive imminent danger pay. (2) In this regard, the provided witness statements are mostly identical; it does not appear all witnesses were physically present and able to attest to actions specifically pertaining to Mr. at the time of the incident. Requests for retroactive award of the Combat Action Badge will not be made except where evidence of injustice is presented. Based on the limited information provided, we cannot presume that an injustice had taken place with respect to the situation in question. We place trust in our wartime commanders to make such decisions because they have firsthand knowledge of their Soldiers on the ground. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending on 26 August 2007 and will be listed in administrative notes. 5. A review of the applicant's service records shows: a. On 24 April 2003, he enlisted in the Army National Guard of the State of Iowa IAARNG). Following initial active duty training, he was awarded miliary occupational specialty 96B (Intelligence Analyst) and he was returned to control of the IAARNG. b. Orders 277-618, 4 October 2005, issued by the Office of the Adjutant General, IAARNG, mobilized him in support of Iraqi Freedom with a report date of 5 October 2005. c. On 30 January 2007, , IAARNG issued amended orders 030-654, changing the ending date of his active duty rom 4 June 2007 to 30 September 2007. d. On 26 August 2007, he was honorably released from active duty. His DD Form 214 shows he served in Iraq from 30 March 2006 to 16 July 2007 and he served in a designated imminent danger pay area. e. On 9 November 2007 and in ABCMR Docket Number AR20070015875, the ABCMR amended his orders to show he was mobilized to an active duty period not to exceed 730 days. f. On 27 November 2007, , IAARNG, issued amended orders 331-416, extending his deployment to a period not exceed 730 days. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The governing regulation provides that 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. Upon review of the applicant’s petition and available military records, the Board determined based upon the absence of information showing he was personally present and actively participated in combat on a specific date, the Board agreed there is insufficient evidence to grant relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. ? 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records show he is authorized the two bronze service stars with his previously issued Iraq Campaign Medal, which are not listed on his DD Form 214: 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 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. a. Award of the CAB is not automatic and will not be awarded solely based on award of the Purple Heart. b. 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 under the conditions described in paragraph 3- 8c which states combat award recommendations for stability operations must be evaluated on a case-by-case basis to determine if award criteria are met. To ensure timely and appropriate recognition, paragraph 3-8 supersedes guidance elsewhere in this regulation in cases where there is a potential conflict pertaining to award or badge eligibility. (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. For example, an infantryman (MOS 11B) assigned to Corps staff is eligible for award of the CAB. However, an infantryman assigned to an infantry battalion is not eligible for award of the CAB. c. Retroactive awards of the CAB are not authorized prior to 18 September 2001. d. When delegated wartime awards approval authority by the Secretary of the Army (or his or her designee), the following authorities apply: (1) Brigade commander level for Soldiers assigned to, attached to, or under the operational control of brigade-level or smaller units. (2) The first general officer in the chain of command for Soldiers assigned to units at echelons above brigade. (3) The next higher general officer in the chain for award to a general officer. (4) Authority to award the CAB is also delegated to regional medical center commanders receiving casualties directly from the wartime theater. Medical center commander must ensure the Soldier meets the requirements. e. 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 the deployment. f. Requests for retroactive award of the CAB will not be made except where evidence of injustice is presented. For requests submitted under paragraph 8–8g(2)(b) through (d) must include justification explaining why the CAB was not awarded in theater. g. The CAB will be announced in permanent orders. 3. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the: * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230005530 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1