IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130010269
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. He states his unit received the CAB, but it is not annotated on his DD Form 214.
3. He provides a CAB certificate.
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 enlisted in the Regular Army on 3 December 1987. He served in Iraq from 20 January 2005 to 19 January 2006. He retired honorably on
31 December 2007. The DD Form 214 he was issued does not show award of the CAB.
3. A review of his Enlisted Record Brief, dated 4 October 2008, revealed he served in Iraq while assigned to Headquarters and Headquarters Company, 2d Battalion, 34th Armored Regiment performing duties as an Abrams Tank Maintenance Supervisor. It does not show award of the CAB.
4. His record is void of any orders showing he was awarded the CAB.
5. He submitted a citation indicating Headquarters, Department of the Army (HQDA) Letter 600-0501 awarded him the CAB while he was serving with the 3d Battalion, 34th Armored Regiment in Iraq.
6. In the processing of this application, an analyst from this Board contacted the applicant in an attempt to obtain orders for the CAB. The applicant stated he was not in receipt of the orders and had received the certificate in the mail after he retired.
7. A search of the internet revealed that the certificate announcing the applicant's CAB in HQDA Letter 600-0501, was available on-line and used to announce various awards for various units and individuals.
8. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. Paragraph 1-26c states that permanent awards of badges, except basic marksmanship qualification badges, identification badges, and the Physical Fitness Badge will be announced in permanent orders by commanders authorized to make the award or permanent orders of HQDA.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record is void of orders and the applicant did not submit orders showing he was awarded the CAB.
2. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for badges (which include the CAB). Regrettably, in the absence of orders there is insufficient evidence to correct his DD Form 214 to show this award.
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) AR20130010269
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ABCMR Record of Proceedings (cont) AR20130010269
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