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
ARMY | BCMR | CY2008 | 20080014287
The applicant's records do not contain orders that show he was awarded the Combat Infantryman Badge or the Combat Action Badge. The regulation further state that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. With respect to award of the Combat Action Badge, the evidence of record shows that the applicant served on active duty from 7 January 1953 to 6 January 1956 and from 13 March 195t to 23 May 1958.
ARMY | BCMR | CY2009 | 20090003318
The applicant requests that he be awarded either the Combat Infantryman Badge (CIB) or the Combat Action Badge (CAB). The regulation stated that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. While the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, it does not serve as a basis for the award of the Combat Infantryman Badge.
ARMY | BCMR | CY2008 | 20080012412
The applicant requests the Combat Action Badge be added to his DD Form 214. Therefore, it would be appropriate to add the award of the Combat Action Badge to his separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Action Badge to his DD Form 214 with effective date 13 August 2006.
ARMY | BCMR | CY2009 | 20090004208
The applicant's records do not contain orders that show he was awarded the CAB and/or the CIB. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Therefore, there is insufficient evidence to award the applicant the CAB in this case.
ARMY | BCMR | CY2009 | 20090002532
The memorandum signed by Special Forces Operational Detachment Alpha's commander and the two sworn statements are sufficient evidence to show the applicant was personally present and actively engaging or being engaged by the enemy, and he performed satisfactorily in accordance with the prescribed rules of engagement in Afghanistan on 7 October 2006. Therefore, there is sufficient evidence in this case to award the applicant the Combat Action Badge. The Board also recommends that all...
ARMY | BCMR | CY2009 | 20090002663
These individuals contend that their units and squads were awarded the Combat Action Badge for their engagement with the enemy while in Iraq. However, there is no evidence in the available records that show the applicant was entitled to the award of the Combat Action Badge. The Combat Action Badge is an individual award, not a unit award, and while the three individuals contend that the applicant engaged or was engaged by the enemy while he was in Iraq, there is no evidence in the...
ARMY | BCMR | CY2013 | 20130002918
The applicant requests the Combat Action Badge be added to his records. The applicant states he served in combat in Vietnam and his service meets the requirements set forth for the Combat Action Badge. His military records show he served in and/or was attached to Army units that were in confirmed combat.
ARMY | BCMR | CY2008 | 20080007030
The applicant requests correction of his records to show he was awarded the Combat Infantryman Badge (CIB) instead of the Combat Action Badge (CAB) and that he contributed to the MGIB. Upon confirmation from their chain that the enemy was setting up a mortar system for an indirect fire attack, he and the other two Soldiers fired an initial volley of three high-explosive (HE) rounds. Furthermore, the applicant evidence of record shows that the applicant held an infantry MOS and engaged the...
ARMY | BCMR | CY2010 | 20100021961
Application for correction of military records (with supporting documents provided, if any). Although this is not the standard for award of the CAB, the facts documented in the award packet meet even this higher HRC standard for award of the CAB. The authority stated: * under Army Regulation 600-8-22 (Military Awards), paragraph 8-8a, the CAB is awarded "to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy" * the eyewitness statements submitted in...
ARMY | BCMR | CY2010 | 20100023397
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by: * showing in block 11 (Primary Specialty) that he served 3 years and 4 months as an ammunition specialist instead of 3 years and 2 months * showing in block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Combat Action Badge (CAB) * showing in block 26 (Separation Code) and block 27 (Reentry Code) a different...