IN THE CASE OF:	  

		BOARD DATE:  24 July 2012

		DOCKET NUMBER:  AR20120001809 


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 for her actions in Iraq on 12 April 2007.

2.  The applicant states she believes she met the criteria for the Combat Action Badge for her actions in Iraq involving a suicide bomber.  She has submitted multiple requests dating back to 2008 after she realized the award had never been submitted by her unit while in Iraq.  There have been many delays, resubmissions, and two letters of disapproval.  She is including letters of support from her unit's deputy commander and section leader.

3.  The applicant provides two letters of support, a memorandum, a letter, a certificate, and DA Form 638 (Recommendation for Award).

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's records show she was a U.S. Army Reserve (USAR) lieutenant colonel (LTC) civil affairs officer.  She was ordered to active duty in support of Operation Iraqi Freedom as a member of her Reserve unit and entered active duty on 20 September 2006.

3.  She served in Iraq from 18 November 2006 to 9 November 2007 while assigned to Headquarters and Headquarters Company (HHC), 358th Civil Affairs Brigade.

4.  She was released from active duty on 10 February 2008 by reason of completion of required active service.  She completed 1 year, 4 months, and 21 days of creditable active service during this period of service.

5.  On 17 November 2008, the U.S. Army Human Resources Command (HRC) denied a request from her unit commander for award of the Combat Action Badge to the applicant.  The HRC official stated that the Combat Action Badge was "awarded to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy.  Although the eyewitness statements submitted indicate [the Applicant] was located inside the same compound in which the suicide attack occurred, there is no indication that [the Applicant] could have reasonably been injured by the explosion.  Therefore, she is not considered to have been personally engaged by the enemy."

6.  On 8 September 2009, she was assigned to the Retired Reserve.

7.  The applicant provides a:

	a.  DA Form 638, dated 25 July 2007, wherein it shows she was awarded a Bronze Star Medal for her actions on 12 April 2007.  The citation page stated, "In recognition of her achievement in response to a suicide bomb attack at the Iraqi Conference Center, Iraq, on 12 April 2007, which wounded and killed Iraqi government and civilian personnel.  [The Applicant] directed her staff to enter the attack site and conduct life-saving first aid and triage to multiple individuals.  [The Applicant's] selfless concern for the traumatized and wounded reflects her dedication to duty, loyalty to her unit and skill level, and is a credit to herself the officer corps, and the United States Army."

	b.  Letter of support, dated 2 January 2012, wherein the deputy commander of the 358th Civil Affairs Brigade during the deployment to Iraq in 2007 stated he supports the award of the Combat Action Badge to the applicant for her actions during the suicide bomb attack on 12 April 2007.  He further stated although it was accurate that the applicant was not in the blast area of the initial explosion she responded immediately and before security personnel had cleared the area.  Additional explosives were later found on the scene, and security personnel subsequently directed the area be cleared due to the continued threat.  Had the applicant remained in the separate, secure location, outside the initial blast area he would concur that the award was not warranted.  As she voluntarily entered the engagement area it was significantly different from being a passive observer of enemy action.

	c.  Letter of support, dated 17 January 2012, wherein the applicant's former section leader stated he supports the award of the Combat Action Badge to the applicant.  He further stated the blast caused many injuries and death to those directly in the blast radius.  The applicant was not in the immediate blast radius but was close by in the same compound.  He was not present at the incident, but received statements from Iraqi physicians who were present.

8.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Combat Action Badge requires that 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.  

2.  The evidence of record shows the applicant was not in the immediate blast area at the time of the suicide bomb attack but close by in the same compound.  She responded immediately after the blast, entered the attack site with her staff, and conducted life-saving first aid and triage to multiple individuals.  



3.  Although it is noted that she entered the attack site voluntarily and prior to the area being cleared by security personnel, she did so after the blast.  There is no evidence that shows she actively engaged or was engaged by the enemy.  While her actions were commendable, they do not meet the criteria for award of the Combat Action Badge. 

4.  There is insufficient evidence upon which to base award of the Combat Action Badge in this case.  Therefore, she is not entitled to the requested relief.

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)                                         AR20120001809





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ABCMR Record of Proceedings (cont)                                         AR20120001809



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