IN THE CASE OF:	  

		BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130006346 


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) for the period ending 10 September 2004 to show award of the Combat Action Badge (CAB).  

2.  He states he didn't receive the CAB for his combat service with the Task Force Headquarters, Base Defense Operations Center (BDOC) since the badge was not created until 2004.  He was an infantry officer in a non-infantry position at Task Force Headquarters.  

3.  He provides:

* Self-authored statement
* Email correspondence
* Letter from the Army Board for Correction of Military Records 
* Two letters from the Awards and Decorations Branch
* Two letters addressed to the Awards and Decorations Branch
* Recommendations for award of the Combat Infantryman Badge (CIB)
* Extract from Army Regulation 600-8-22 (Military Awards), paragraph 8-8
* DA Form 4187 (Personnel Action)
* By-name unit roster
* Deployment orders
* Active Duty orders
* DD Form 214 
* DA Form 2-1 (Personnel Qualification Record)
* Appeal of denial of CAB and Purple Heart (2nd Award)
CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in the Army National Guard, the applicant was appointed as a Reserve commissioned officer on 31 July 1993.  He completed the required training and was awarded specialty 11A (Infantry).

2.  On 15 August 2000, he was ordered to active duty in support of Operation Joint Forge and subsequently served in Bosnia from 9 September 2000 to 27 March 2001.  His DA Form 2-1 shows he was assigned to Company C, 1st Battalion, 179th Infantry during this period.  

3.  He was released from active duty (REFRAD) on 11 May 2001.  His DD Form 214 issued for this period does not show award of the CAB.

4.  He entered active duty on 19 September 2003 and subsequently served in Afghanistan in support of Operation Enduring Freedom from 14 November 2003 to 2 August 2004.  His DA Form 2-1 shows he was assigned to Headquarters and Headquarters Company (HHC), 45th Infantry Brigade during this period.  

5.  He provided a roster for the 45th Infantry Brigade - Task Force Headquarters, dated 11 November 2003 which indicates he was a member of the BDOC and his mobilization position as S-1 and S-4.  He also provided a BDOC One Report, dated 14 February 2004, which lists his name as a member of this control facility.  

6.  His record contains Permanent Orders 193-021, dated 11 July 2004, awarding him the CIB for the period of 20 November 2003 to 28 June 2004.

7.  His record contains a narrative written in support of his award of the Bronze Star Medal (BSM) for the period November 2003 to March 2004 while assigned as the Personnel Officer (S1) and Logistics Officer (S4) for 1st Battalion, 279th Infantry Regiment.  This narrative details his numerous infantry missions.

8.  He was honorably released from active duty on 10 September 2004.  His DD Form 214 for this period shows award of the CIB and BSM, but does not show award of the CAB.  

9.  His service 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.

10.  His record contains a DA Form 67-9 (Officer Evaluation Report) for the period 2 September 2003 through 1 September 2004 which shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 279th Infantry Regiment and was rated as the Battalion S1 which was coded as an Infantry position.

11.  In a letter of support, dated 20 September 2011 addressed to the Awards and Decorations Branch, a retired command sergeant major stated:

	a.  The applicant served as the S1 and S4 for the 1st Battalion, 279th Infantry from 1 March to 2 August 2004.  During the first half of the deployment from 14 November 2003 to 1 March 2004, the applicant served with him on the BDOC team.

	b.  The applicant received the Combat Infantryman Badge (CIB) for actions he participated in during 1 March through 2 August 2004.  The applicant's service with the BDOC was not an infantry position and was part of the greater task force higher headquarters.  There were persons of many military occupational specialties in the 11-person team.

	c.  The applicant was a staff officer, served as an integral and permanent part of the Camp Phoenix Quick Reaction Force team, performed dozens of foot patrols and mounted patrols, and served as a convoy commander or officer during long range convoy escort missions with the Afghan National Army, Embedded Training Teams and 20th Special Forces Group.  He performed these missions while assigned both with the BDOC and the 1st Battalion, 279th Infantry.

	d.  On 6 December 2003 and 18 January 2004, the applicant was present and under fire while a member of BDOC.  On 28 January 2004, the applicant was meters away from a large explosion and on 26 February 2004, he was present during this shooting.  

12.  In a second letter of support, dated 22 September 2011, addressed to the Awards and Decorations Branch, a major stated:

	a.  The applicant was present and under fire on 6 December 2003 and 28 January 2004 while a member of the BDOC.  The applicant wasn't eligible for the CIB during this time and didn't receive the CAB because it wasn't established in 2003 and 2004.  The applicant was with the BDOC which was an element of the Task Force Headquarters for Coalition Joint Task Force Phoenix.  

	b.  The applicant received the CIB for actions between March 2004 and July 2004 while a member of the 1st Battalion, 279th Infantry.  

	c.  the applicant deployed with the Quick Reaction Force (QRF) to the scene of the Suicide Vehicle Borne Improvised Explosive Device (SVBIED) where they established a perimeter around the stricken vehicle.  He witnessed the applicant and another Soldier at the edge of the perimeter where they were checking on personnel in a guard tower at the time of the SVBIED explosion.  

13.  On 23 September 2011, he submitted a DA Form 4187 requesting award of the CAB.  He stated he didn't receive the CAB in 2004 because it had not been created yet.  He stated he was in a non-infantry position during the first part of his task force deployment and he later received the CIB after assignment to an infantry battalion during the last half of the deployment.  The form was not signed by commander or authorized representative.  

14.  In his letter, dated 2 April 2012, addressed to the Awards and Decorations Branch, he stated:

	a.  The CAB was created in 2005 and he was in Afghanistan from 14 November 2003 to 2 August 2004.  He was not awarded the badge since it had not been created yet.  

	b.  He was a member of the BDOC during the first three and a half months of his deployment.  Those who were a member of the BDOC were assigned to the Task Force Headquarters, which would be above Brigade level.  From 14 November 2003 through 28 February 2004, he was not qualified for award of the CIB.  He and a CSM were the only two BDOC personnel that were on missions that would qualify for the CAB.  

	c.  He was under fire on several occasions while in this non-infantry, BDOC, Coalition Joint Task Force Phoenix II Headquarters position.  Many of the occasions were recorded on an official document for the CIB and CMB (combat medic badge).  

15.  In a 27 February 2013 letter, this Board informed him that he was notified by HRC on 27 March and 23 April 2012 and by email on multiple occasions that his request for award of the CAB lacked the required documentation.  As a result, his request was returned without action.

16.  He provided a self-authored statement, dated 7 March 2013, in which he stated:

	a.  he provided email correspondence from Human Resources Command (HRC) showing he was denied the CAB.

	b.  in a letter, dated 27 March 2012, HRC informed him that his initial CAB packet had been lost and they requested the entire packet to be resent.

	c.  in a letter, dated, 23 April 2012, HRC asked him to resend some information that shows his deployment orders/roster assigning him to the Base Defense Operation Center.  After three months, he emailed Chief Warrant Officer Four R______ (CW4) and asked the status of CAB.  He was told his request was denied, but he had never received anything informing him.  

	d.  he asked CW4 R______ to forward the issue of the CAB to an officer in charge.  He received an email from Lieutenant Colonel (LTC) P_____ who told him he was denied the CAB because he was already awarded the CIB.  He provided Army regulation which cites a Soldier can be awarded both the CAB and CIB if they meet the criteria for both awards. 

17.  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 CIB or the Combat Medical Badge.  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.  

18.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he didn't receive the CAB for his combat service with the Task Force Headquarter, BDOC is acknowledged.  However, evidence of record does not indicate an error or injustice exists in this case.  

2.  Evidence clearly shows he was serving in an Infantry Brigade Task Force performing infantry duties for the duration of his deployment.  As such, he was awarded the BSM and CIB.  Additionally, there is no evidence of record that the applicant met the qualifications for the CAB.  

3.  His 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 Afghanistan.  Therefore, there is no basis for granting relief 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)                                         AR20130006346





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ABCMR Record of Proceedings (cont)                                         AR20130006346



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