IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110000088 


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 military records to show that he was awarded the Combat Action Badge (CAB) for his service in Iraq.

2.  The applicant states he was personally engaged by the enemy during an improvised explosive device (IED) attack in Iraq.  He further contends that he is now 100 percent disabled as a result of his combat actions in Iraq.

3.  The applicant provides:

* DA Form 2823 (Sworn Statement) made by applicant, dated 30 July 2009
* DA Form 2823 made by Colonel (COL) M_ _ _ _ _ A. 
I _ _ _ _, dated 19 August 2009
* Email from the Detachment Commander, COL A_ _ _ _ C. N _ _ _, dated in August 2009 [DA Form 2823 not attached as stated in e-mail]
* Email from lieutenant colonel (LTC) R_ _ _ _ _ _ M. _ _ _ _, dated          18 August 2009 
* Eyewitness statements from J_ _ _ _ R. _ _ _ _, dated 9 December 2009 and 24 October 2010
* Eyewitness statement from F_ _ _ A. K _ _ _ _, dated 23 November 2009
* Convoy manifest and vehicle [sequence] order
* Letter from the East Liberty Mayor, Baghdad, Iraq, recommending award of CAB, dated 31 July 2009
* DA Form 4187 (Personnel Action) recommending that the applicant be awarded the CAB, dated 14 August 2009
* DA Form 67-9 (Officer Evaluation Report) for the period 19 March 2007 to 18 March 2008
* DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 215 (Correction to DD Form 214) ending 21 May 2008
* Orders 07-082-00006, Fort Jackson, SC, dated 23 March 2007
* Orders 108-22, Fort Belvoir, VA, dated 18 April 2007
* DA Form 638 (Recommendation for Award) with citation, certificate, and supporting comments for the Bronze Star Medal, dated March 2008
* Department of Veterans Affairs (VA) medical records
* Periodic Health Assessment Referral form with attached medical examination reports, dated 25 October 2008
* Post-Deployment Health Re-Assessment, dated 24 October 2008
* VA rating decisions and related consults and progress notes

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was an LTC, U.S. Army Reserve (USAR) Retired.  His basic branch was Air Defense Artillery.

2.  Orders 07-082-00006, Fort Jackson, dated 23 March 2007, ordered the applicant to active duty in support of Operation Iraqi Freedom (OIF), effective 
18 April 2007.

3.  Orders 108-22, Fort Belvoir, dated 18 April 2007, deployed the applicant to Iraq for assignment to the Logistics Civil Augmentation Program (LOGCAP) Support Unit, located in Iraq.

4.  The convoy manifest, dated 7 November 2007, and an attached convoy order as provided by the applicant, indicates the applicant was traveling in a convoy when a gun truck hit an IED which exploded.  The gun truck was in front of the lead vehicle (a tanker truck) and the lead vehicle was in front of the applicant's vehicle (also a tanker truck).  The applicant's vehicle was 150 meters from the point of explosion.  This document contains a note that indicates the gun trucks engaged on a building and the applicant's vehicle and the lead vehicle to his front were personally engaged by the enemy, but does not state any particulars of such engagement.

5.  The DA Form 638 that was initiated on 1 February 2008 and approved on 
9 April 2008 indicates the applicant was awarded the Bronze Star Medal for exceptionally meritorious service in support of Iraqi Freedom from 14 April 2007 to 14 April 2008.  The attached comments in the supporting recommendation state the applicant traveled outside of the wire on 8 separate convoy missions to 
8 different camps or forward operating bases throughout the Iraqi theater to assess driver work conditions, work performance, and standards of operations, as well as performing site visits.  During one of the convoys, an IED explosion hit the lead vehicle.

6.  On 21 May 2008, the applicant was released from active duty and transferred to USAR LOGCAP Support Detachment 15, Fort Belvoir.

7.  On 1 April 2009, the applicant was transferred to the Retired Reserve.

8.  In a sworn statement dated 30 July 2009, the applicant essentially states that he was a passenger in a tanker truck about 100 feet behind the gun truck that struck the IED.  The front of the gun truck sustained extensive damage and the driver and gunner were injured.  The applicant's vehicle was hit by pieces of metal, dirt, and road pavement.  Temporary medical and military support was obtained from a nearby American-run prison.  The applicant assisted in securing his vehicle and his immediate perimeter in case of an enemy attack or retaliation.  After the injured were medically evacuated by helicopter, the applicant and the convoy continued on the mission.

9.  In a letter, dated 31 July 2009, from the East Liberty Mayor, 326th Area Support Group, located in Baghdad, Iraq, and addressed to the Commander, U.S. Army Human Resources Command (HRC), the mayor stated he had reviewed the applicant's paperwork and found it to be in accordance with the specific eligibility requirements necessary for award of the CAB.  This letter also indicates that the applicant's sworn statement and the award and narrative for his Bronze Star Medal were attached.

10.  An email from LTC R_ _ _ _ _ _ M. _ _ _ _, dated 18 August 2009, as provided by the applicant, states: "I endorse (corroborate) the event(s) for recommendation for the CAB for [the applicant]."  "I reviewed his sworn statement and the recommendation for the Bronze Star Medal and interviewed [the applicant] concerning his actions in Iraq while on a convoy on 8 November 2007 on the highway between Scania and Cedar."  I am an OIF II (2004) veteran and familiar with operations, geography and circumstances [the applicant] experienced while on his tour."

11.  In a sworn statement dated 19 August 2009, COL M_ _ _ _ _ A. I _ _ _ _ relates essentially the same circumstances of the IED attack on the convoy.



12.  The DA Form 4187 the applicant provided indicates the applicant requested award of the CAB on 11 August 2009, and that the commander, LOGCAP Support Unit, Fort Belvoir, recommended approval on 14 August 2009.  The request also indicates that it was sent to HRC, 1 St. Louis Way, St. Louis, Missouri.

13.  A letter from the Chief, Awards and Decorations Branch, HRC, Fort Knox, Kentucky to the applicant's U.S. Senator, dated 3 December 2010, states that the applicant was denied award of the CAB because the available documentation does not show he was in close proximity to the explosion and therefore, he was not considered to have been personally engaged by the enemy.

14.  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.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show award of the CAB for his service in Iraq because he was engaged by the enemy while on a convoy.

2.  The available evidence clearly shows the applicant's convoy sustained an IED attack.  However, according to the convoy manifest, the gun truck that struck the IED was positioned 150 meters to the front of the applicant's vehicle with another vehicle between them.  Subsequent statements by the applicant and another officer put the distance at about 100 feet.  In any case, there is no indication that the applicant or his vehicle received any injury or serious damage from the IED explosion.  There is no evidence of any additional enemy action.  The convoy continued on its mission after the injured were evacuated.

3.  There is no evidence showing that he applicant was recommended for or awarded the CAB at any time during his tour of duty in Iraq.
4.  The applicant initiated a request for award of the CAB in August 2009.  This was after he had returned from Iraq and had been transferred to the Retired Reserve.  This request was subsequently supported by a recommendation from the 326th Area Support Group located in Iraq.  The recommendation was denied by HRC, Fort Knox, KY because the evidence failed to show the applicant was in close proximity to the explosion or that he was personally engaged by the enemy.

5.  The criteria for award of the CAB requires the Soldier to be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  It is not intended for all Soldiers who serve in a combat zone.

6.  Such a broad guideline must be further defined.  It is evident that HRC determined that it must be established that a Soldier was in close proximity to the explosion to be awarded the CAB implying that a Soldier could have been wounded in the attack.  Such a guideline meets the common sense criteria.  If such a guideline did not exist, Soldiers could say they were entitled to the CAB because they were on the same compound that was attacked, even though they may have been 300 to 400 meters away from the attack.

7.  The applicant has not provided sufficient evidence to show he was in "close proximity" to the IED explosion.

8.  In view of the above, the applicant's request should be denied.

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)                                         AR20110000088



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ABCMR Record of Proceedings (cont)                                         AR20110000088



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