IN THE CASE OF: BOARD DATE: 18 April 2023 DOCKET NUMBER: AR20230000665 APPLICANT REQUESTS: reversal of the Awards and Decorations Branch, U.S. Army Human Resources Command to deny him award of the Combat Action Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 12 September 2022 * self-authored statement, 15 September 2022 * DA Form 2-1, 7 February 2005 * Orders 040-001, Department of the Army, Edinburgh, IN, 9 February 2006 * Restricted Rocket Attacks, from 27 March 2006 to 8 January 2007 * The Army Commendation Medal Certificate; Order Number 311-110; 7 November 2006 * letter, Army Review Boards Agency, 5 June 2009 * letter, U.S. Army Human Resources Command, 1 September 2022 * excerpt from Army Regulation 600-8-22 (Military Awards), Combat Action Badge reference * witness statement, Sergeant Major (SGM) (retired), 23 June 2022 * witness statement, Captain (CPT) 14 September 2022 * witness statement, Staff Sergeant (SSG) (retired), date unknown 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. He requests awarded the Combat Action Badge according to Army Regulation (AR) 600-8-22 section 8-8d(2) which states 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, a Soldier must also be performing in an offensive or defensive act while participating in combat operation, engaging, or being engaged by the enemy. He believes this may be due to an oversight of the requirements and should be awarded accordingly. His military occupational specialty (MOS) was not infantry at the time, and he says his MOS for this award if not sufficient. b. He was reading an article about the 299th Bridge Engineer Battalion, Baghdad, Iraq, where the unit was awarded the Combat Action Badge after receiving two mortars and no injuries. He believes he and his team should have been awarded the Combat Action Badge during their tour of duty from 2006 to 2007. At the time they received well over 100 mortar rounds, a couple coming close as 50 feet. He also believes that the regulation was not read properly to them for award at the time they were in a combat zone. c. He says on 30 June 2006, his main mess hall was hit by incoming mortars, wounding an individual. He was returning from the motor pool and entering his room with his roommate, Staff Sergeant (SSG) . when he heard a launch and a loud whistle sound. He dove to the ground and said the mortar hit the boardwalk area which was only approximately 50 feet from his location. The majority of the attacks happened around 0100-0300 every other day and after Ramadan. During these attacks, the only shelter he had was about 1000 feet away at a concrete bunker. 3. The applicant was serving as a non-commissioned officer in the Indiana Army National Guard (INARNG), during the period from 7 January 2006 through 16 March 2007. 4. Orders 353-341, published by Joint Forces Headquarters Indiana, INARNG on 19 December 2005, ordered him to active duty in support of Operation Enduring Freedom (OEF), with a report date of 7 January 2006. 5. Orders 040-001, published by Camp Atterbury, Edinburgh, IN, on 9 February 2006, assigned him to 219th Area Support Group, with assignment to area of responsibility (Afghanistan: Bagram/Kandahar/Kabul). 6. The applicant provides Restricted Report, Rocket Attacks with a starting date of 27 March 2006 through 8 January 2007 referencing multiple rocket attacks. 7. A Certificate of Award provides, Order Number 311-110, dated 7 November 2006, awarded the applicant the Army Commendation Medal for exceptionally meritorious service in support of Operation Enduring Freedom, Afghanistan, from 14 February 2006 to 1 October 2006. 8. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably released from active duty on 16 March 2007, after completing 1 year, 2 months, and 16 days of net active service, of which 1 year and 2 days were credited as foreign service. This form also contains the following information and entries: a. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists the Afghanistan Campaign Medal but does not reflect the Combat Action Badge. b. Block 18 (Remarks) shows the following entries: (1) Served in a designated imminent danger pay area and (2) Service in Afghanistan 20060212-20070213 9. The applicant provides witness statement from SGM (retired) dated 23 June 2022, stating in effect, he was deployed with the applicant and the team of 20 members were denied from receiving the Combat Action Badge. He references the Commander saying he made statements that the members were not deserving of the Combat Action Badge but said they met the same criteria for award of the Combat Infantryman Badge. He personally has stopped trying to get approved for the Combat Action Badge but supports the efforts of the applicant and members trying to get the award. 10. The applicant provides witness statement from CPT dated 14 September 2022, stating in effect, he was deployed with the applicant within a 20-member team. During their year deployments, over 100 confirmed mortar strikes happened within their perimeter. Specifically, he recalls the boardwalk area being struck where their team was located. He says he is astonished that the team did not receive a Combat Action Badge and he writes to request the applicant be considered for the Combat Action Badge. 11. The applicant provides witness statement from SSG (retired) unknown date, stating in effect, he was deployed with the applicant and during the deployment they received incoming mortar and small arms fire from the opposing side. He believes they truly earned a Combat Action Badge. 12. The applicant provides a letter from Chief of Awards and Decorations Branch, AHRC, dated 1 September 2022, stating AHRC is unable to authorize the Combat Action Badge for issuance. The HRC response states: a. This is in response to your request concerning your desire to be awarded the Combat Action Badge (CAB) while deployed in support of Operation Enduring Freedom. HRC Awards Branch would like to take favorable action; however, they are unable to authorized the requested award for issuance. 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. These particular events do not meet the regulatory guidance for award of the CAB. In accordance with 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 satisfactory performance in ground combat with the enemy. b. The forwarded documentation does not demonstrate that the applicant 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. Further, awards are considered on an individual basis; HRC cannot authorize a new award based upon previous awards issued to other Servicemembers. In this regard, it appears the event in question does not meet the strict criteria for award of the CAB. 13. Regulatory guidance states the Combat Action Badge 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. In order to qualify for the Combat Action Badge, 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 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 applicant asserts that on 30 June 2006, his main mess hall was hit by incoming mortars, wounding an individual. He was returning from the motor pool and entering his room with his roommate when he heard a launch and a loud whistle sound. He dove to the ground and said the mortar hit the boardwalk area which was only approximately 50 feet from his location. The majority of the attacks happened around 0100-0300 every other day and after Ramadan. During these attacks, the only shelter he had was about 1000 feet away at a concrete bunker. The Board reviewed and agreed with the HRC determination that the documentation does not demonstrate that the applicant fulfilled all basic criteria: being 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 determine that his incident 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), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Instructions stated the requirements for award of the Combat Action Badge 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 Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Combat Action Badge may be awarded to any Soldier. Paragraph 8-8 stated specific eligibility requirements include: (1) Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. (2) Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. (3) 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 Combat Action Badge. However, an 11B assigned to an infantry battalion is not eligible for award of the Combat Action Badge. (4) In addition to Army Soldiers, the Combat Action Badge 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. (5) Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. b. A bronze service star is worn on the appropriate service ribbon, to include the Afghanistan Campaign Medal, for each credited campaign. Table B–1 shows the Afghanistan Campaign Consolidation I from 1 December 2001 to 30 September 2006 and the Afghanistan Campaign Consolidation II from 1 October 2006 to 30 November 2009. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000665 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1