IN THE CASE OF:	  
	BOARD DATE:	  28 August 2008

	DOCKET NUMBER:  AR20080010475 


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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Purple Heart, Army Commendation Medal, Presidential Unit Citation, and the Combat Action Badge.

2.  The applicant states that he had the orders for the Purple Heart and Army Commendation Medal when he was discharged; however, the orders for the other awards were given out later and no one can locate his orders.

3.  The applicant indicates that he provided a copy of his orders for the Purple Heart and the Army Commendation Medal, but they were not attached to the application.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  On 15 March 2003, the applicant, a member of the Alabama Army National Guard, was ordered to active duty in support of Operations Enduring Freedom/Iraqi Freedom. 

3.  Records show that Permanent Orders Number 084-109, 89th Military Police Brigade, dated 24 March 2004, awarded the applicant the Army Commendation Medal for exceptionally meritorious service while assigned to the 1165th Military Police Company in support of Operation Iraqi Freedom during the period from 
21 May 2003 to 19 May 2004.

4.  On 17 August 2004, the applicant was released from active duty and transferred back to the Alabama Army National Guard.  He had attained the rank of specialist, pay grade E-4 and had completed 1 year, 5 months, and 3 days of creditable active duty during this period of service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists his awards as the National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Armed Forces Reserve Medal with “M” Device.  It does not show award of the Purple Heart, Army Commendation Medal, Presidential Unit Citation, or the Combat Action Badge.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Combat Action Badge.  Requirements for award of the Combat Action Badge are branch and military occupational specialty (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 award of 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 award of the Combat Infantryman Badge or the Combat Medical Badge.  The Combat Action Badge is authorized effective 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.  Records show that the applicant was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  There is no available evidence showing that the applicant was wounded in action or that he was awarded the Purple Heart.  Furthermore, there is no evidencing showing that he served in actual ground combat and was awarded the Combat Action Badge.  Therefore, his request for these two awards should be denied.

3.  There is no available evidence showing that the applicant’s unit was awarded the Presidential Unit Citation.  Therefore, his request for this unit award should be denied.

4.  However, if the applicant has, or is able to obtain, orders or other substantiating documentation, showing he was awarded the Purple Heart or the Combat Action Badge; or that, his unit was awarded the Presidential Unit  Citation, he may submit another application, with that evidence, for consideration.

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 showing, in addition to the awards already shown on his DD Form 214, that his awards include the Army Commendation Medal.

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 award of the Presidential Unit Citation and Combat Action Badge.  




__________ _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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080010475



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