IN THE CASE OF:	  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140015904 


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 a DA Form 2823 (Sworn Statement), dated 14 November 2013, to justify award of the Combat Action Badge (CAB).

2.  The applicant states he wants block 9 of his DA Form 2823, dated 14 November 2013, corrected to justify award of the CAB in accordance with paragraphs 2 and 3 of the memorandum from the U.S. Army Human Resources Command (HRC).

3.  The applicant provides:

* DA Form 2823
* HRC denial memorandum
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 July 1993
* deployment orders
* Enlisted Record Brief
* DD Forms 4187 (Personnel Action)
* DD Form 220 (Active Duty Report)
* daily breakdown of patriot activity from the Center for Defense Information, dated 13 May 2003
* CAB request packet



CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the U.S. Army Reserve in an Active Guard Reserve status in the rank of sergeant first class.

2.  Records show he was ordered to active duty on 10 February 2003 in support of Operation Enduring Freedom.  He served in Kuwait/Iraq and he was released from active duty on 15 August 2003.

3.  He provided a DA Form 4187, dated 15 March 2006, which shows a request for award of the CAB was submitted for all personnel assigned to the 478th Engineer Battalion for the missile attack from Iraq on 21 March 2003.

4.  He also provided a DA Form 4187, dated 18 November 2013, which shows he was recommended for award of the CAB for personally engaging or being engaged by the enemy on 21 March 2003 in Kuwait.

5.  The applicant made a sworn statement on 14 November 2013 to support award of the CAB for the scud missile incident (fired from Iraq) on 21 March 2003 in Kuwait.  Paragraph 4 of the DA Form 2823 in question states, "Later Documentation showed that TAA [Tactical Assembly Area] FOX, the camp we were at, had been deliberately targeted by the Enemy REF [reference]:  (Patriot-shot-friendly slide, deck 9).  The Ababil-100 missile was intercepted and detonated less than 300 meters above the camp, by a Kuwait Patriot Battery.  The debris landed within the assembly area of our Battalion and NMCB [Naval Mobile Construction Battalion] 4.  If the Kuwaiti Patriot Battery had not intercepted the missile, the results would have been deadly for everyone in the 478th Engineer Battalion, and everyone that was on TAA FOX, and The NCMB 4 (required 3 Patriots to destroy inbound missile)."

6.  On 25 July 2014, HRC denied his request for award of the CAB for service performed in support of Operation Enduring Freedom.  The memorandum stated:

	a.  Under the provisions of Army Regulation 600-8-22 (Military Awards), paragraph 8-8c(3), "Soldier must be personally present and actively engaging or being engaged by the enemy…"

	b.  In addition, Military Personnel Message 11-268 requires a stated distance in meters of the proximity of the Soldier to the impacted area and whether the Soldier could have reasonably been injured by the blast, detonation, or explosion.

	c.  The documentation provided does not indicate the applicant was directly engaged by the enemy or could have been reasonably injured by the blast.

7.  Army Regulation 600-8-22 states the requirements for award of the CAB are branch and military occupational specialty 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 made a sworn statement on 14 November 2013 to support award of the CAB for the scud missile incident on 21 March 2003 in Kuwait.  The DA Form 2823 in question states the missile was intercepted and detonated less than 300 meters above the camp by a Kuwait Patriot battery.  The applicant now requests correction of his sworn statement to justify award of the CAB in accordance with the HRC denial memorandum.

2.  HRC disapproved the applicant's request for award of the CAB because the documentation provided did not indicate he was directly engaged by the enemy or could have been reasonably injured by the blast.

3.  The enemy missile attack was noted.  However, the missile was intercepted before it reached the camp.  Since the impacted area was 300 meters in the air above the camp and applicant, there is insufficient evidence to show he could have reasonably been injured by the blast.

4.  There is no evidence indicating the applicant's DA Form 2823 is not an accurate description of the enemy missile incident.  Therefore, there is insufficient evidence on which to amend this form.



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 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)                                         AR20140015904



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ABCMR Record of Proceedings (cont)                                         AR20140015904



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