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ARMY | BCMR | CY2008 | 20080013846
Original file (20080013846.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        9 April 2009

		DOCKET NUMBER:  AR20080013846 


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.  

2.  The applicant states that he was awarded the Combat Action Badge, but it is not shown on his DD Form 214.  

3.  The applicant provides a copy of a certificate, dated 3 June 2005, showing award of the Combat Action Badge; and a copy of his DD Form 214, dated 7 March 2005, in support of his request

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’s record show he enlisted in the Regular Army on 11 August 1983.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  He also executed a 3-year reenlistment in the Regular Army on 17 February 1987.   He was honorably discharged in the rank/grade of staff sergeant (SSG)/E-6 on 17 May 1991. 

3.  The applicant’s records also show he enlisted in the U.S. Army Reserve (USAR) on 18 May 1991 and was honorably discharged on 19 August 1997.  

4.  After a break in service, the applicant enlisted in the Ohio Army National Guard (OHARNG) on 16 August 2001 and was awarded MOS 21E (Heavy Construction Equipment Operator).  He was ordered to active duty in support of Operation Iraqi Freedom on 18 December 2003 and subsequently served in Iraq from 15 February 2004 to 3 February 2005.  He was honorably released from active duty to the control of his ARNG unit on 7 March 2005.  

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal (4th Award), the Army Achievement Medal (5th Award), the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with “M” Device, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, and the Global War on Terrorism Expeditionary Medal.  Item 13 does not show award of the Combat Action Badge.  

6.  The applicant’s records do not contain permanent orders awarding him the Combat Action Badge.

7.  The applicant submitted a copy of a certificate, dated 3 June 2005, that shows he was awarded the Combat Action Badge for combat action, having been personally present and under direct hostile enemy fire during combat operations in Iraq on 1 October 2004 while serving with Company B, 216th Engineer Combat Battalion in direct support of Operation Iraqi Freedom.  

8.  Army Regulation 600-8-22 provides that 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.  The Combat Action Badge may be awarded by any commander delegated authority by the Secretary of the Army during wartime or the U.S. Army Human Resources Command, ATTN: AHRC–PDO–PA.   Effective 3 June 2005, Commanders delegated authority to award the Combat Action Badge may further delegate award authority to commanders in the grade of major general or above.  The Combat Action Badge will be announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

The certificate submitted by the applicant in support of his request was considered; however, the certificate alone is not sufficient to support correcting the applicant’s DD Form 214 to show award of the Combat Action Badge.  By regulation, the Combat Action Badge is announced in permanent orders.  The applicant’s record is void of any permanent orders showing he was awarded the Combat Action Badge 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.


															XXX
      _______ _   _______   ___
               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)                                         AR20080013846



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20080013846


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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