IN THE CASE OF:	  

		BOARD DATE:	  14 May 2009

		DOCKET NUMBER:  AR20090000101 


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).

2.  The applicant states he was awarded the CAB but did not know that he should have his DD Form 214 corrected.

3.  The applicant provides a copy of a DA Form 4187 (Personnel Action) requesting the CAB and a copy of a CAB award narrative in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty from an Army National Guard (ARNG) unit on 21 January 2003 in support of Operation Iraqi Freedom.  He served in pay grade E-4.  He was released from active duty on 22 April 2004 and returned to his ARNG unit after completing 1 year, 3 months, and 2 days of active duty service.

2.  The DD Form 214 he was issued at the time shows the applicant served in Iraq and Kuwait during the period 6 April 2003 through 20 March 2004.

3.  The applicant provided a copy of a narrative and a signed request for the CAB.  His records are void of any orders or other documents that indicate he was ever awarded the CAB by proper authority.
4.  On 2 May 2005, the Chief of Staff of the Army approved creation of the CAB to provide special recognition to Soldiers who personally engage in or are engaged by the enemy.  The CAB may be awarded by any commander delegated authority by the Secretary of the Army during wartime or the Commanding General, US Army Human Resources Command and will be announced in permanent orders.

5.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the CAB 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 CAB.  However, it is not intended to award the CAB 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.

6.  Army Regulation 600-8-22 also states that award of the CAB 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 CAB are not authorized prior to 18 September 2001.  

7.  During the processing of this case, a member of the Board staff contacted the Awards Branch at the U.S. Army Human Resources Command to determine whether a request for this award had been or was being processed at that office.  The Awards Branch official provided a copy of a memorandum addressed to the Commander, The Office of the Adjutant General, South Dakota which showed that after reviewing it, the request was being returned without action because there was a problem with one or more documents.  The memorandum indicated the Soldier and his proximity in meters to the action must be listed on all narratives and eyewitness statements; merely stating that the Soldier was present was insufficient.  It also indicated CAB requests must be submitted on a DA Form 4187 (Personnel Action) with an endorsement recommending approval/ disapproval through the first Brigadier General commander in the chain of command and must include the following:  deployment orders; the Soldier's Enlisted Records Brief or DA Form 2-1 (Personnel Qualification Record); a narrative supporting documentation (examples include: official unit reports, casualty report, line of duty investigation, two or more eyewitness statements from Soldiers who participated in same ground combat actions, valor 
awards or previously awarded Purple Heart orders (if applicable).  It further indicated that if the required documentation was available, the request could be resubmitted to the Commanding General, US Army Human Resources Command for reconsideration and determination. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the CAB.  While the applicant provided a copy of a narrative and a signed request for the CAB, there is no available evidence nor did he provide evidence that he was ever awarded the CAB.

2.  Available evidence is void of any narrative supporting documentation, endorsements recommending approval/disapproval, or other corroborating evidence in support of the applicant's request.  As such, there is insufficient information available for the Board to make a determination for award of the CAB.  If the applicant can obtain additional evidence, he should reapply first to the US Army Human Resources Command for reconsideration.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis to grant the applicant's request.

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)                                         AR20090000101



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ABCMR Record of Proceedings (cont)                                         AR20090000101



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