IN THE CASE OF: BOARD DATE: 14 September 2023 DOCKET NUMBER: AR20230002269 APPLICANT REQUESTS: retroactive award of the Combat Action Badge and a personal appearance hearing before the Board via video or phone. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), 23 March 2005 * Department of Veterans Affairs (VA), Rating Decision Letter, 7 October 2009 * two (2) letters, Army Review Boards Agency, Case Management Division, 8 September 2010, and 3 January 2011 * letter, U.S. Army Human Resources Command (AHRC), 2 February 2011 * buddy Statement, 25 February 2011 * memorandum from applicant, Subject: Self Narrative, 14 March 2011 * buddy Statement, 5 May 2011 * letter from the AHRC, 7 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, his record should be corrected to reflect award of the Combat Action Badge. 3. The applicant, a member of the Army National Guard, entered onto active duty in support of Operation Iraqi Freedom on 7 December 2003. He served in Iraq/Southwest Asia from 22 February 2004 to 20 February 2005, and he was honorably released from active duty upon completion of required active service on 23 March 2005. His DD Form 214 does not reflect award of the Combat Action Badge. 4. A VA Rating Decision dated 7 October 2009; shows he was awarded a 10 percent service- connected disability for anxiety disorder not otherwise specified (claimed as post-traumatic stress disorder). The VA deferred a decision on the issue of residuals of traumatic brain injury. 5. Two letters from the ARBA, CMD, dated 8 September 2010 and 3 January 2011, respectively, show the applicant's application was received by ARBA. However, his application was returned without action because he did not exhaust his administrative remedies by first applying to AHRC. 6. On 2 February 2011, the Chief, Awards and Decorations Branch, AHRC, stated, in effect, that his request for award of the Combat Action Badge was returned without action. After reviewing the documents provided, they found that they needed additional evidence and eyewitness statements. 7. The applicant provides two buddy statements and a statement of his own dated between 25 February 2011 and 5 May 2011. a. CW3 claimed, in effect, that he was with the applicant on 20 March 2004, at Camp Blue Diamond, Al Anbar, Iraq, when the enemy engaged them. At 1630 hours, they were dismounted in the motor pool when a barrage of mortars landed around them at 9, 12, and 2 o’clock from 30 to 40 meters from their positions. The applicant immediately took cover by dropping to the ground. Five Soldiers and Marines were hit by shrapnel and had to be medically evacuated. Their convoy was able to continue on to Camp Junction City three hours later without incident. b. The applicant states he was assigned as the S4 logistics officer for the 120th Engineer Headquarters Service Company, Combat Heavy Battalion. On 13 March 2004, he was ordered to travel to Ar Ramadi, Iraq for Marine Ordering Officer (MOO) training at Camp Blue Diamond, Contracting Office from 15-17 March 2004. On 20 March 2004, at about 1630 hours, the military convoy that he was assigned to travel with Chief Warrant Officer Two (CW2) to Camp Junction City was dismounted in the motor pool area at Camp Blue Diamond. He was standing next to CW2 about one meter apart. Next to him about a meter apart was Chief Warrant Officer Three (CW3) and 1st Lieutenant and 10 meters from the convoy vehicles when a barrage of mortars landed around them at 9, 12 and 2 o'clock from 27-36 meters from their standing positions. Immediately, he took cover by dropping to the ground. When the medics arrived, they attended to five Soldiers and Marines that had been hit by shrapnel. The military convoy that he and CW2 were assigned to travel with was able continue on to Camp Junction City three hours later without incident. c. Major claimed, in effect, that he was with the applicant on 20 March 2004, when the enemy engaged them. He and the applicant were standing in a group having a conversation when several mortars landed around them. He recalls approximately three impacts, all within 40 meters of their position. He took cover under a large military vehicle before moving to a hard building which they were all directed to move to for cover. He recalled the applicant sustaining a minor injury while taking cover which caused him to bleed for a brief period of time. A few service members were hit by shrapnel and had to be medically evacuated. 8. On 7 September 2022, the Chief, Awards and Decorations Branch, AHRC, stated, in effect, that they were unable to take favorable action on his request. The particular event did not meet the regulatory guidance for award of the Combat Action Badge. In accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-8, the Combat Action Badge is not intended to recognize an individual for unit battle participation or deployment to a combat zone. The Combat Action Badge 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. The retroactive request considered by AHRC did not demonstrate that [the applicant] fulfilled the basic criteria: a) 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; and b) Performing assigned duties associated with the unit's combat-mission. The forwarded packet did not indicate he met this criterion. As such, they could not approve issuance of the Combat Action Badge for this event. 9. Orders: C08-390991 dated 3 August 2023 shows the applicant is to be placed on the Army of the United States retired list on 4 November 2023. 10. 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; they must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement; and they 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. 11. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant. 2. The Board concurred with AHRC’s conclusion that the available evidence does not demonstrate that the applicant met the criteria for the Combat Action Badge insofar as the evidence does not demonstrate that the applicant was: a) 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; and b) performing assigned duties associated with the unit's combat-mission. 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 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Instructions state 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. Award of the Combat Action Badge is not automatic and will not be awarded solely based on award of the Purple Heart. The Combat Action Badge 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 Combat Action Badge. However, an 11B assigned to an infantry battalion is not eligible for award of the Combat Action Badge. d. 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. e. 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. f. Second and subsequent awards of the Combat Action Badge are as follows: (1) Only one Combat Action Badge may be awarded during a qualifying period. (2) Second and subsequent award of the Combat Action Badge 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 Combat Action Badge are not authorized prior to 18 September 2001. 3. 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 may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 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) AR20230002269 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1