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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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 applicants 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 applicants 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: AHRCPDOPA. 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 applicants DD Form 214 to show award of the Combat Action Badge. By regulation, the Combat Action Badge is announced in permanent orders. The applicants 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080013846
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100023193
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service in support of Operation Iraqi Freedom (OIF) * award of the Iraq Campaign Medal, Combat Action Badge, Army Good Conduct Medal, and the Army Achievement Medal 2. Furthermore, this period of service qualifies him for award of the Iraq Campaign Medal. As a result, the Board recommends denial of so much of the application that pertains to the correction of...
ARMY | BCMR | CY2008 | 20080009908
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal, Iraqi Campaign Medal, and Combat Action Badge. This document does not show award of either the Meritorious Service Medal or the Combat Action Badge. The applicant contends that his DD Form 214 should be corrected to show award of the Meritorious Service Medal, Iraqi Campaign Medal, and Combat Action Badge.
ARMY | BCMR | CY2015 | 20150001290
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Good Conduct Medal (AGCM) * Combat Action Badge (CAB) * three Army Commendation Medals (ARCOM) 2. The applicant provides: * three DA Forms 638 (Recommendation for Award) and ARCOM Certificates * memorandum for record from his company commander, dated 26 May 2005 * DD Form 214 CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090002423
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. Records show the applicant qualified for award of the Overseas Service Ribbon for completion of a 12-month, dependent-restricted overseas service tour in Iraq in support of Operation Iraqi Freedom from 17 February 2004 through 28 February 2005. As a result, the Board recommends that all State Army National Guard and Department of the Army...
ARMY | BCMR | CY2009 | 20090010964
Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a) be engaged in actual ground combat against the enemy and under circumstances...
ARMY | BCMR | CY2014 | 20140020085
The applicant requests award of the Combat Action Badge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 25 January 2004, to show the Combat Action Badge, the Purple Heart, and all awards he is authorized as result of his participation in Operation Iraqi Freedom (OIF). However, based on his active duty service from 7 February 2003 to 25 January 2004, he is authorized the second award of the National Defense Service Medal and...
ARMY | BCMR | CY2008 | 20080008228
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicants records and the applicant did not provide any substantiating evidence that shows he actively engaged or was engaged by the enemy. Therefore, there is insufficient evidence to award the applicant the Combat Action badge in this case.
ARMY | BCMR | CY2008 | 20080017583
The applicant requests, in effect, correction of his separation document to show award of the Army Commendation Medal, Overseas Service Ribbon, and Combat Action Badge (CAB). The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Army Commendation Medal, Overseas Service Ribbon, and Combat Action Badge because the awards were not recorded on his discharge document at the time of separation. There is no evidence of record that shows the applicant...
ARMY | BCMR | CY2009 | 20090018134
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal, Army Achievement Medal, Iraq Campaign Medal, Overseas Service Ribbon, Army Good Conduct Medal, Combat Action Badge, and his deployed service in Iraq. There is no evidence the applicant was ever recommended for or awarded the Army Good Conduct Medal, Army Achievement Medal, Overseas Service Ribbon, or Combat Action Badge by proper...
ARMY | BCMR | CY2009 | 20090020491
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). The narrative on the certificate states he was awarded the CAB for having been personally present and under direct hostile enemy fire during combat operations in Iraq on 2 February 2003. There is no evidence in the applicant's records showing he was recommended for or awarded the CAB.