IN THE CASE OF:	

		BOARD DATE:	  26 February 2009

		DOCKET NUMBER:  AR20080017874 


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 award of the Combat Action Badge.

2.  The applicant states he has submitted a request four times for award of the Combat Action Badge.  He states, however, each request was denied for different reasons.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 28 September 2003, two eyewitness statements, his personal statement, an award approval, a memorandum from a major general, a DA Form 4187 (Personnel Action), a memorandum from a colonel, his DA Form 2-1 (Personnel Qualification Record), a statement of wartime service, a map of a rocket attack on 15 October 2002, and the denials he has received for the award of the Combat Action Badge.

CONSIDERATION OF EVIDENCE:

1.   The applicant's military personnel records show he enlisted in the Regular Army on 29 September 1999.  He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) of 96R (Ground Surveillance Systems Operator).

2.  The applicant was assigned to C Company, 313th Military Intelligence Battalion, 82nd Airborne Division while he was deployed to Afghanistan from 
13 July 2002 to 18 January 2003.
3.  A DA Form 638 (Recommendation for Award), dated 19 December 2002, approved the applicant for the award of the Army Commendation Medal for meritorious service while assigned to C Company, 313th Military Intelligence Battalion in support of Operation Enduring Freedom in Afghanistan from 8 July 2002 to 15 January 2003.  Achievement #2 on this form states the applicant "assisted the forward observer at Fire Base Lwara identify the enemy launch location when the fire base came under rocket attack on 15 October 2002."  It is also stated the applicant put aside his own personal safety and climbed into the tower where his team used a GLID (Guidance Laser Illumination Device) on rocket positions as an A-10 dropped laser guided missiles and destroyed six rocket sites.

4.  The applicant was released from active duty on 28 September 2003 by reason of his completion of his required active service.  He had completed 
4 years of active service that was characterized as honorable.  

5.  The applicant served in the U.S. Army Reserve from 29 September 2003 to 27 April 2005 and he enlisted in the Oregon Army National Guard (ORARNG) on 28 April 2005.  

6.  A statement, dated 4 August 2006, from the applicant indicated that Fire Base Lwara came under rocket attack on 15 October 2002.  He describes the actions he took during the attack.

7.  A memorandum from the Adjutant General for the ORARNG, a major general, dated 2 October 2006, to the Commander, Military Awards Branch, Human Resources Command, Alexandria, VA (HRC-ALEX) indicated that he had reviewed and approved the packet requesting award of the Combat Action Badge for the applicant.

8.  A DA Form 4187, dated 7 October 2006, signed by the applicant's commander, a colonel/pay grade O-6, approved the applicant's request for the award of the Combat Action Badge.  

9.  A memorandum, dated 10 October 2006, from HRC, Awards Branch to the Adjutant General, ORARNG denied the applicant's request for award of the Combat Action Badge.  HRC stated the applicant must submit a narrative and two eyewitness statements that must include details for a single date of action and the Soldier's proximity to the action.



10.  A statement, dated 15 December 2006, from Specialist (SPC) A____n indicated that the applicant and his radar team arrived at Fire Base Lwara on 
14 October 2002.  SPC A____n stated the following morning they were awakened by 107mm rockets being fired by the enemy at the compound.  
SPC A____n stated he believed one rocket hit their generator.

11.  A statement, dated 15 December 2006, from Sergeant First Class (SFC) T____r indicated that he had sent a radar team, led by the applicant, to Fire Base Lwara on 14 October 2002.  SFC T____r stated he received radio transmissions that Fire Base Lwara had received a rocket attack on 15 October 2002.

12.  A memorandum for record, dated 5 January 2007, from the Oregon Military Department, Joint Force Headquarters, ORARNG stated the applicant performed his duties satisfactorily in accordance with the prescribed rules of engagement while under indirect fire from an insurgent rocket attack that occurred on 15 October 2002 on Fire Base Lwara, Afghanistan.  This memorandum was signed by the same colonel who signed the DA Form 4187, dated 7 October 2006.  

13.  The applicant's records show that he is entitled to an additional award, which he did not request.  

14.  On 2 May 2005, the Chief of Staff of the Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy.  

15.  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.



16.  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.   Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 
18 September 2001.  

17.  Army Regulation 600-8-22 provides that major general commanders and above, heads of principle Headquarters, Department of the Army agencies, Joint Forces Commanders, and State Adjutants Generals are delegated the authority to approve and distribute the Combat Action Badge for their appropriate Active Component/USAR [U.S. Army Reserve]/ARNG [Army National Guard] Soldiers outside of the theater of operations.  Military Personnel Message (MILPER) Number 08-190 (issued 22 July 2008) further provided that this authority could be further delegated to commanders in the grade of O-6 and above, effective 3 June 2003.
18.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom.  A bronze service star is authorized for the following campaigns:  Liberation of Afghanistan (11 September 2001 – 30 November 2001); Consolidation I (1 December 2001 – 30 September 2006); and Consolidation II     (1 October 2006 – date to be determined).
DISCUSSION AND CONCLUSIONS:

1.  HRC has previously denied the applicant's request for the Combat Action Badge because statements submitted by the applicant did not include the proximity, in meters, of the applicant to the action.

2.  Army Regulation 600-8-22 requires that a 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.  There is no mention of proximity to the action limitations in the regulation.

3.  Statements from SPC A____n, SFC T____r, and the applicant agree that a rocket attack took place at Fire Base Lwara, where the applicant was assigned, on 15 October 2002.

4.  The DA Form 638 approving the applicant for an Army Commendation Medal and the Memorandum for the Record, dated 7 January 2007, show the applicant performed his duties meritoriously during a rocket attack on Fire Base Lwara on 15 October 2002.

5.  The applicant's commander, a colonel, endorsed the applicant's request for the Combat Action Badge, and the ORARNG Adjutant General, a major general, approved the applicant's request for the Combat Action Badge.  According to Army Regulation 600-8-22 and MILPER Number 08-190 both of these commanders are delegated authority to approve and distribute the Combat Action Badge.

6.  The preponderance of the evidence in this case shows the applicant was personally present while his unit was being engaged by the enemy and he performed satisfactorily in accordance with the prescribed rules of engagement.  Therefore, the applicant is entitled to the award of the Combat Action Badge.

7.  The applicant served in Afghanistan from 13 July 2002 to 18 January 2003.  Therefore, he is authorized the Afghanistan Campaign Medal with one bronze service star.

BOARD VOTE:

___X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Combat Action Badge; and



	b.  adding to Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 the Combat Action Badge and the Afghanistan Campaign Medal with one bronze service star.



      _________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)                                         AR20080017874



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ABCMR Record of Proceedings (cont)                                         AR20080017874



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