IN THE CASE OF:	  

		BOARD DATE:	  31 July 2008

		DOCKET NUMBER:  AR20080008437 


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, in effect, the awards of the Purple Heart, the Combat Action Badge, and the Driver and Mechanic Badge with Driver-W Bar be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of  18 June 2005.  He further requests any other awards he be authorized as a result of his service in Iraq.

2.  The applicant states, in effect, he believes it was an unintentional oversight that his awards were not included on his DD Form 214.

3.  The applicant provides a copy of orders for the Drivers Badge (W), a Personnel Action form, and orders for the award of the Combat Action Badge in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the Regular Army on 6 March 2002 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 74D (Chemical Operations Specialist).

2.  According to the applicant's DD Form 214, he served in Iraq during the period from 12 February 2003 to 5 June 2003.  

3.  The units to which the applicant was assigned and the dates he was assigned thereto were not available for review.
4.  On 18 June 2005, the applicant was released from active duty by reason of his completion of his required active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not include the awards of the Purple Heart, the Combat Action Badge, or the Driver and Mechanic Badge with Driver-W Bar.

5.  1st Battalion, 21st Field Artillery, 1st Cavalry Division Permanent Order 253-072, dated 9 September 2004, awarded the applicant the “Drivers Badge (W).”  It is reasonable to conclude these orders refer to the Driver and Mechanic Badge with Driver-W Bar.

6.  The Personnel Action form, submitted by the applicant, shows he was recommended by his commanders and approved by a major general for award of the Purple Heart for wounds received as a result of hostile action on 16 February 2005.  According to the recommendation the applicant suffered a 3-inch cut over his left eye when his vehicle came into contact with an improvised explosive device (IED), was treated by medics on site, sent to the combat surgical hospital (CSH), and returned to duty.

7.  The Purple Heart Certificate submitted by the applicant is signed by the same major general who approved the Personnel Action form for the applicant's Purple Heart.  It also indicates the Purple Heart was awarded by Permanent Order #118-8 [Headquarters, 1st Cavalry Division].

8.  Headquarters, 1st Cavalry Division Permanent Orders #285-78, dated 
12 October 2005, awarded the applicant (among others) the Combat Action Badge.  The date of service is listed as 9 November 2004 and the reason is listed as being personally present and actively engaging or being engaged by enemy fire to liberate Iraq in support of Operation Iraqi Freedom.

9.  Army Regulation 60-8-22 (Military Awards) provides, in pertinent part, for the award of the Driver and Mechanic Badge to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Among the component bars authorized for this badge is Driver-W.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the awards of the Purple Heart, the Combat Action Badge, and the Driver and Mechanic Badge.  The applicant also contends he may be authorized additional awards based on his service in Iraq.

2.  In view of the fact that the correct name of a "drivers badge" is the Driver and Mechanic Badge it is reasonable to conclude the intent of Permanent Order 253-079, dated 9 September 2004, is to award the applicant the Driver and Mechanic Badge with Driver-W Bar.  Therefore, it is appropriate to include this award on the applicant's DD Form 214.

3.  The Personnel Action form, signed by a major general, documents the applicant was wounded as a result of hostile action, was treated by medical personnel, and the treatment is a matter of official record.  The Purple Heart Certificate, also signed by the same major general contains the permanent order number that awarded the applicant the Purple Heart.  Therefore, there is sufficient evidence in this case to award the applicant the Purple Heart for wounds received on 16 February 2005.

4.  Headquarters, 1st Cavalry Division Permanent Orders #285-78, dated 
12 October 2005, is sufficient evidence to amend the applicant's DD Form 214 to show he was awarded the Combat Action Badge.

5.  The dates of the official documents showing the applicant was awarded the Purple Heart and the Combat Action Badge show the applicant apparently served a second tour of service in Iraq.  However, there is no evidence of record showing the dates of a second tour in Iraq or the units to which the applicant was assigned and the dates he was assigned thereto.  Therefore, there is insufficient evidence to determine if the applicant is authorized any additional unit or campaign awards that he may be authorized as a result of his service in Iraq.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X_____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
amending his DD Form 214 to show he was awarded the Purple Heart for wounds received on 16 February 2005, the Combat Action Badge, and the Driver and Mechanic Badge with Driver-W Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional campaign or unit awards.



      ________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)                                         AR20080008437



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ABCMR Record of Proceedings (cont)                                         AR20080008437



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