Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120003142
Original file (20120003142.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  16 August 2012

		DOCKET NUMBER:  AR20120003142 


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 the Combat Action Badge (CAB) be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* He was never awarded the CAB which is shown on his DD Form 214
* He is a Special Forces Soldier and is not authorized to receive the CAB
* He must have overlooked the error on his DD Form 214 possibly seeing it as the Combat Infantryman Badge  

3.  The applicant provides no documentary evidence.

CONSIDERATION OF EVIDENCE:

 1.  The applicant retired on 31 January 2011 in the rank of sergeant major after completing over 25 years of creditable active service.  He served multiple tours in Iraq and Afghanistan.

2.  His DD Form 214 shows, among other awards, the CAB and Combat Infantryman Badge as authorized awards.

3.  There are no orders for the CAB in the available records.



4.  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.  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.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the CAB in the available records.

2.  Per the applicant's request to remove the CAB from his DD Form 214, it would be appropriate to remove the CAB from his DD Form 214. 

BOARD VOTE:

___X ___  ___X____  ___X  ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the CAB from his DD Form 214.



      __________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)                                         AR20120003142





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003142



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060013636

    Original file (20060013636.txt) Auto-classification: Approved

    The applicant states, in effect, that he was awarded the CAB and MUC after he was separated and issued his DD Form 214. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record confirms the applicant was awarded the CAB for his active engagement with enemy forces on 29 June 2003, and that his unit was awarded the MUC during his tenure of assignment.

  • ARMY | BCMR | CY2010 | 20100000521

    Original file (20100000521.txt) Auto-classification: Denied

    The applicant requests he be awarded the Combat Action Badge (CAB). In a subsequent letter to the Board, the applicant stated that he believes that he was denied the CAB based on a misunderstanding of one of the requirements for award of the CAB: that the Soldier must be personally present and actively engaging or being engaged by the enemy. It is evident that HRC determined for award of the CAB, it must be established that a Soldier could have been wounded in the attack.

  • ARMY | BCMR | CY2013 | 20130010269

    Original file (20130010269.txt) Auto-classification: Denied

    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). His record is void of any orders showing he was awarded the CAB. The evidence of record is void of orders and the applicant did not submit orders showing he was awarded the CAB.

  • ARMY | BCMR | CY2008 | 20080010141

    Original file (20080010141.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show award of the Combat Infantryman Badge or the Combat Action Badge. The applicant's military records are not available for review. ABCMR Record of Proceedings (cont) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080010141 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1

  • ARMY | BCMR | CY2006 | 20060016010

    Original file (20060016010.txt) Auto-classification: Denied

    Member Ms. Karmin S. Jenkins Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant believes that the Commander, 1st Infantry Brigade, 25th Infantry Division, awarded him the Combat Infantryman Badge in accordance with Army Regulation 600-8-22 for the types of missions conducted by his platoon in support of the various units. Orders 049-002, 1st Brigade, 25th Infantry Division, dated 18 February 2005, awarded the...

  • ARMY | BCMR | CY2006 | 20060013126

    Original file (20060013126.txt) Auto-classification: Denied

    For example, an 11B assigned to an infantry battalion is not eligible for award of the CAB. The evidence clearly shows that the applicant was assigned to a civil affairs battalion at the time he was awarded the Combat Action Badge. Evidence shows that the applicantÂ’s records contain administrative error which does not require action by the Board.

  • ARMY | BCMR | CY2009 | 20090004208

    Original file (20090004208.txt) Auto-classification: Denied

    The applicant's records do not contain orders that show he was awarded the CAB and/or the CIB. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Therefore, there is insufficient evidence to award the applicant the CAB in this case.

  • ARMY | BCMR | CY2010 | 20100030071

    Original file (20100030071.txt) Auto-classification: Approved

    The applicant requests award of the Combat Infantryman Badge (CIB) in lieu of the Combat Action Badge (CAB). The applicant states he served as an infantryman in Iraq and he received the CAB for being engaged by the enemy during Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking Permanent Order 211-017, dated 29 July 2009, awarding the applicant the CAB; b. awarding the applicant the CIB...

  • ARMY | BCMR | CY2009 | 20090003318

    Original file (20090003318.txt) Auto-classification: Denied

    The applicant requests that he be awarded either the Combat Infantryman Badge (CIB) or the Combat Action Badge (CAB). The regulation stated that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. While the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, it does not serve as a basis for the award of the Combat Infantryman Badge.

  • ARMY | BCMR | CY2012 | 20120020577

    Original file (20120020577.txt) Auto-classification: Denied

    The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 January 2006 * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 29 March 2012 * DA Form 2823 (Sworn Statement) * CAB orders * Excerpts from Army Regulation 600-8-22 CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman...