RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070014191 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Carmen Duncan

Member

Ms. Rea M. Nuppenau

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 October 2003, to show award of the Army Achievement Medal, the Army Commendation Medal, the Combat Action Badge, and the Bronze Star Medal; and correction of Item 15b (High School Graduate or Equivalent) from "No" to "Yes."

2.  The applicant states that he was awarded all medals while on active duty and that he was a high school graduate, but the entry on his DD Form 214 was mistakenly marked "No." 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 4 October 2004;

	b.  DA Form 2-1 (Personnel Qualification Record);

	c.  Headquarters and Headquarters Company, Special Troops Battalion, Certificate, dated 2 July 2003, showing he was awarded the Bronze Star Medal;

	d. DA Forms 2923 (Sworn Statement), dated 23 July 2007, 25 May 2007, and 18 July 2007; and

	e.  High School Diploma, dated 29 June 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant requests award of the Army Achievement Medal and the Army Commendation Medal.  However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms he is entitled to this award.  In the absence of authority for this award, he may request award of the Army Achievement Medal and the Army Commendation Medal under the provisions of Section 1130 of Title 10 of the United States Code (10 USC 1130).  The applicant has been notified by separate correspondence of the procedures for applying for this award under 10 USC 1130.  As a result, his request for award of the Army Achievement Medal and the Army Commendation Medal will not be discussed further in this Record of Proceedings.



2.  The applicant's record shows he enlisted in the Mississippi Army National Guard (MSARNG) on 16 September 1999 for a period of 8 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91W (Health Care Specialist).  He was released from active duty for training on 18 September 2001.

3.  The applicant's record further shows that he enlisted in the Regular Army on 1 April 2002 for a period of 3 years.  The highest rank he attained during his military service was specialist/E-4.  He was honorably discharged on 4 October 2004 for disability, severance pay, in accordance with paragraph 4-24b(3) of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). 

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.  Item 13 does not show award of the Bronze Star Medal or the Combat Action Badge.

5.  Item 15b of the applicant's DD Form 214 shows the entry "No" indicating he is not a high school graduate.

6.  Headquarters and Headquarters Company, Special Troops Battalion, Permanent Orders 183-16, dated 2 July 2003, show the applicant was awarded the Bronze Star Medal for meritorious achievement while serving as a member of the Commanding General's Force Protection Team during the time of hostilities in support of Operation Iraqi Freedom.

7.  The applicant submitted three sworn statements, authenticated by senior members of the Army including a General Officer.  The authors describe the events that took place on 20 April 2003 and 21 April 2003, when a convoy of an Assault Command Post departed Balad, Iraq enroute to Mosul, Iraq, airport to clear the main supply routes and establish a refueling capability in Mosul.  The convoy came under heavy enemy fire and rounds impacted within 50 meters of all vehicles.  The convoy moved out of the kill zone and regrouped in a safe area with no injuries reported, and continued its mission.  

8.  The applicant submitted a copy of his Diploma that shows he satisfactorily completed a course of study prescribed for graduation from Amory High School and was awarded a High School Diploma on 29 June 2001.


9.  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.  Army Regulation 600-8-22 also states that award of the Combat Action Badge 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 Combat Action Badge are not authorized prior to 18 September 2001.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders show that the applicant was awarded the Bronze Star Medal on 2 July 2003 in connection with combat operation in Iraq and that this award is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

2.  Evidence of record shows that the applicant was serving on active duty in Iraq and actively engaged or was engaged by the enemy on 21 April 2003 during his convoy journey from Balad to Mosul, Iraq.  Therefore, he is entitled to award of the Combat Action Badge and correction of his records to show this award.

3.  Evidence of record shows that the applicant was awarded a High School Diploma on 29 June 2001.  Therefore, he is entitled to correction of Item 15b of his DD Form 214 to show that he is a high school graduate 

BOARD VOTE:

__jtm___  __cd____  __rmn___  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:

	a.  awarding the applicant the Combat Action Badge on 21 April 2003; 

	b.  showing award of the Bronze Star Medal and the Combat Action Badge; and

	c.  deleting the "No" entry and adding a "Yes" entry in Item 15b.



							John T. Meixell
______________________
          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.