IN THE CASE OF: BOARD DATE: 18 December 2008 DOCKET NUMBER: AR20080016447 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, award of the combat service badge [correctly known as the Combat Action Badge]. 2. The applicant states, in effect, that the unit began awarding this badge around the time of his departure from the unit. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant's records show he enlisted in the Delayed Entry Program on 20 October 2000 and entered in the Regular Army on 24 January 2001. He completed basic combat and advanced individual training (AIT). Upon completion of AIT, he was awarded the military occupational specialty 56M (Chaplain Assistant). The highest rank he attained while serving on active duty was sergeant/pay grade E-5. 2. The applicant's military service records indicate he served in an imminent danger pay area during the period 1 February 2003 through 29 February 2004 while serving in Iraq. 3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Action Badge. 4. There is no evidence in the available records that shows the applicant was either awarded or recommended for award of the Combat Action Badge. Additionally, there is no evidence that the applicant was personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement at any time. 5. The applicant's DD Form 214 shows that on 3 August 2007 he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations) at his expiration term of service and transferred to the United States Army Reserve Control Group (Reinforcement) after completing 6 years, 6 months, and 10 days of creditable active service. 6. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge 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 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 Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The 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. The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his records should show award of the Combat Action Badge was carefully considered and determined to be without merit. 2. Although records show he served in an imminent danger pay area while in Iraq, there is no evidence in the available records and the applicant did not provide sufficient evidence showing he was personally engaged by the enemy. 3. In the absence of evidence that the applicant was actively engaged or being engaged by the enemy, there is insufficient evidence upon which to base award of the Combat Action Badge. As a result, the regulatory burden of proof necessary to support award of the Combat Action Badge has not been satisfied in this case. 4. Absent such evidence, there is no basis to amend the applicant's records as requested. 5. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080016447 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080016447 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1