IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090008056
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) based on combat duty in Iraq from 2003 to 2004.
2. The applicant states he is entitled to the CAB due to serving in a war zone.
3. The applicant provides no additional documents in support of his application.
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 enlisted in the Regular Army on 11 January 2001. He was awarded military occupational specialty 63H (Tracked Vehicle Mechanic).
3. The applicant's DD Form 214 shows he served in Iraq from 7 April 2003 through 6 April 2004.
4. The applicant was discharged on 30 November 2005 by reason of a condition, not a disability. At the time of his discharge, he had completed 4 years, 5 months, and 27 days of active military service.
5. The applicant's DD Form 214 shows he earned the following awards during his tenure on active duty: the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.
6. The applicant's service personnel record is void of any orders or other documents showing he was ever recommended for or awarded the CAB by proper authority while serving on active duty.
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 8-8 of the awards regulation contains guidance on the CAB. It states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he/she must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. The CAB is authorized from 18 September 2001 to a date to be determined. The regulation stipulates that the award is not authorized for qualifying service in any previous conflict.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to the CAB due to serving in a war zone. However, service in a war zone alone is not a basis for award of the CAB.
2. By regulation, in order to award the CAB there must be evidence that a Soldier serving in an area where hostile fire pay or imminent danger pay is authorized was personally present and actively engaged or was being engaged by the enemy. The Soldier must have performed satisfactorily in accordance with the prescribed rules of engagement.
3. The applicant's record is void of any orders or other documents indicating he was ever recommended for or awarded the CAB by proper authority while serving in Iraq. Further, there are no documents on file in his service records and the applicant has failed to provide any that confirm his participation in active ground combat while serving in Iraq. As a result, the regulatory criteria necessary to support award of the CAB has not been satisfied 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.
_______ _ 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) AR20090008552
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008056
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080007177
The applicant requests that his DD Form 214 be corrected in block 13 to show awards of the Army Commendation Medal (ARCOM), the Combat Action Badge (CAB), the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal. The applicant states that he served in Iraq and was actually awarded the ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding his award of the ARCOM to his records...
ARMY | BCMR | CY2009 | 20090000215
The applicant requests, in effect, that he be awarded the Combat Action Badge (CAB), the Iraq Campaign Medal (ICM), and the Armed Forces Expeditionary Medal (AFEM) and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected accordingly. The applicant states that he is entitled to awards of the CAB, the ICM, and the AFEM based on his service in an imminent danger area in Iraq from 23 January 2003 to 26 August 2003. There is no evidence in the available...
ARMY | BCMR | CY2009 | 20090005424
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Iraq Service Medal (assumed to be the Iraq Campaign Medal, or ICM), Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), Combat Action Badge (CAB), Combat Medical Badge (CMB). The applicant served on active duty during a time which entitled him to the GWOTSM. Since there is no evidence that he was personally present and...
ARMY | BCMR | CY2013 | 20130007181
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Presidential Unit Citation (PUC) and the Combat Action Badge (CAB) for his service in Iraq. The available evidence of record shows that the applicant was awarded two ARCOMs; however, only one of these awards is indicated on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090009110
Application for correction of military records (with supporting documents provided, if any). Counsel requests, in effect, reconsideration of the applicant's earlier petition to the Army Board for Correction of Military Records (ABCMR) to be awarded the Iraq Campaign Medal (ICM) and Combat Action Badge (CAB). As a result, there was insufficient evidence to support award of the ICM and/or the CAB.
ARMY | BCMR | CY2008 | 20080014572
Although he served in Iraq from 11 December 2003 to 27 October 2004, there is no evidence in the applicant's military records, and the applicant did not provide any evidence which conclusively shows that he was personally present and actively engaging or being engaged by the enemy at any point during his service in Iraq. Therefore, he is entitled to award of the GWOTEM, and correction of his military records to show the award of the GWOTEM. While the sincerity of the applicant's claim to...
ARMY | BCMR | CY2012 | 20120022173
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award), Valorous Unit Award (VUA), Iraq Campaign Medal (ICM) with two bronze service stars, Overseas Service Ribbon (OSR), and Combat Action Badge (CAB). Therefore, his records should be corrected to show award of the CAB. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110010626
The applicant's DD Form 214 for this period does not show he was awarded the CAB, AM, or Afghanistan Campaign Medal. His period of active duty from 2 October 2001 to 23 May 2002 entitles him to the GWOTSM and to have this award added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 19 April 2003 by: a. deleting the entry "0000 00 00" from item 12f and...
ARMY | BCMR | CY2010 | 20100027827
A review of the applicant's military personnel records failed to reveal evidence that she was awarded the GWOTEM, ICM, or CAB. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. a. Records show the applicant served in Iraq in support of OIF and she was authorized...
ARMY | BCMR | CY2009 | 20090014752
The applicant provides two printouts from the internet one discusses the Iraq Campaign Medal and states " personnel who previously received the Global War on Terrorism Expeditionary Medal (GWOTEM) for Iraq service may elect to exchange the medal for the new Iraq Campaign Medal" and the second discusses the criteria for award of the CAB. Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be...