IN THE CASE OF: BOARD DATE: 10 December 2009 DOCKET NUMBER: AR20090008056 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge (CAB) based on combat duty in Iraq from 2003 to 2004. 2. The applicant states he is entitled to the CAB due to serving in a war zone. 3. The applicant provides no additional documents in support of his application. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 11 January 2001. He was awarded military occupational specialty 63H (Tracked Vehicle Mechanic). 3. The applicant's DD Form 214 shows he served in Iraq from 7 April 2003 through 6 April 2004. 4. The applicant was discharged on 30 November 2005 by reason of a condition, not a disability. At the time of his discharge, he had completed 4 years, 5 months, and 27 days of active military service. 5. The applicant's DD Form 214 shows he earned the following awards during his tenure on active duty: the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal. 6. The applicant's service personnel record is void of any orders or other documents showing he was ever recommended for or awarded the CAB by proper authority while serving on active duty. 7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 8-8 of the awards regulation contains guidance on the CAB. It states, in pertinent part, that in order to qualify for the CAB, 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 actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. The CAB is authorized from 18 September 2001 to a date to be determined. The regulation stipulates that the award is not authorized for qualifying service in any previous conflict. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he is entitled to the CAB due to serving in a war zone. However, service in a war zone alone is not a basis for award of the CAB. 2. By regulation, in order to award the CAB there must be evidence that a Soldier serving in an area where hostile fire pay or imminent danger pay is authorized was personally present and actively engaged or was being engaged by the enemy. The Soldier must have performed satisfactorily in accordance with the prescribed rules of engagement. 3. The applicant's record is void of any orders or other documents indicating he was ever recommended for or awarded the CAB by proper authority while serving in Iraq. Further, there are no documents on file in his service records and the applicant has failed to provide any that confirm his participation in active ground combat while serving in Iraq. As a result, the regulatory criteria necessary to support award of the CAB has not been satisfied in this case. 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) AR20090008552 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090008056 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1