RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070008809 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Rial D. Coleman

Analyst


The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. William Blakely

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he was awarded the Purple Heart and the Combat Action Badge.

2.  The applicant states, in effect, that the above awards were not placed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of the Permanent Orders awarding him the Purple Heart in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Army on 21 September 1977.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 95B (Military Policeman).  The applicant reclassified to primary military occupational specialty 64C (Vehicle Driver) on 3 August 1979.  He was relieved from active duty upon completion of required active service on 15 October 1980 with an Honorable characterization of service.  The highest rank he attained while serving during this period on active duty was specialist four/pay grade E-4.

2.  The applicant's record shows that he joined the New York Army National Guard on 16 October 1980.  He was ordered to active duty on 14 June 2004 in support of Operation Iraqi Freedom.  The applicant served a tour of duty as a 12B (Combat Engineer) with the Headquarters and Headquarters Detachment of the 42d Engineer Brigade of the 42d Infantry Division (Mechanized) through
15 November 2005 when he was released from active duty upon completion of required active service with an Honorable characterization of service.  The highest rank he attained while serving during this period on active duty was sergeant/pay grade E-5.

3.  The applicant's record shows he was deployed to Iraq in support of Operation Iraqi Freedom for a continuous period of thirteen months spanning from
12 November 2004 through 6 November 2005.

4.  Part II, Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the Purple Heart or the Combat Action Badge.

5.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart or the Combat Action Badge.

6.  Department of the Army, Headquarters, 42nd Infantry Division (Mechanized) Permanent Orders 035-550, dated 4 February 2006, show the applicant was awarded the Purple Heart for wounds received as a result of enemy or hostile actions in Iraq on 8 May 2005.

7.  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.  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.

8.  A review of the applicant's records indicates that the applicant is entitled to additional awards not shown on his DD Form 214.

9.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that one overseas service bar is authorized for each 6-month period of Federal service as a member of a U.S. Service participating in Operation Iraqi Freedom, the CENTCOM area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 March 2003 to a date to be determined.  The month of arrival to and departure from the CENTCOM area of operations are counted as whole months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart and the Combat Action Badge.



2.  Permanent Orders show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in Iraq on 8 May 2005.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant was performing his assigned duties in an area where hostile fire pay or imminent danger pay was authorized when he was wounded as a result of enemy or hostile actions.  The applicant did not possess a qualifying military occupational specialty nor was he assigned or attached to a unit that would qualify him for the Combat Infantryman Badge or the Combat Medical Badge.  Based on the foregoing, the applicant meets the criteria for award of the Combat Action Badge.  Therefore, the applicant is entitled to correction of his records to show this award.

4.  Records show that the applicant was deployed to Iraq in support of Operation Iraqi Freedom for a continuous period of thirteen months.  Therefore, he is eligible for award of two Overseas Service Bars.

BOARD VOTE:

___HOF _  __WB___  __MJF__  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 to show award of the Purple Heart for being wounded in action in Iraq on 8 May 2005, the Combat Action Badge, and two Overseas Service Bars.




_____William Blakely____
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.