IN THE CASE OF:
BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090020491
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 received the CAB from his unit in 2009.
3. The applicant provides his DD Form 214, a CAB certificate, and a North Carolina Department of Administration cover letter.
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 applicant's military records show he enlisted in the Regular Army on 14 October 1997. He reenlisted for 3 years on 10 May 2001. He was awarded the military occupational specialty of motor transport operator. The highest rank/grade he held was specialist/E-4.
3. The applicant was discharged from active duty on 25 March 2004 for a disability that existed prior to entry in the service. He completed 6 years, 5 months, and 12 days of active service.
4. The applicant's DD Form 214 shows he served in support of Iraqi Freedom during the period 2 March to 9 April 2003.
5. The applicant provided a copy of a CAB certificate, dated 18 July 2005. 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. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the CAB by proper authority.
6. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in permanent orders are required.
7. 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. While the applicant provides a copy of a CAB certificate, the certificate does not contain a permanent order number and the date cited on the certificate is not within the time period shown on his DD Form 214 as time he served in support of Iraqi Freedom.
2. There is no evidence in the applicant's records showing he was recommended for or awarded the CAB. The CAB certificate notwithstanding, there is insufficient corroborating evidence to warrant adding the CAB to the applicant's DD Form 214.
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) AR20090020491
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ABCMR Record of Proceedings (cont) AR20090020491
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