IN THE CASE OF:
BOARD DATE: 10 February 2009
DOCKET NUMBER: AR20080010172
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, that his 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Purple Heart, two awards of the Army Commendation Medal, one with a V device, the Combat Action Badge, and any other decorations he may be entitled to that he did not receive.
2. The applicant states the awards were omitted from his separation document because he received the DD Form 214 prior to his award ceremony.
3. The applicant provides a copy of his 2008 DD Form 214, copies of orders confirming award of the Purple Heart, and two awards of the Army Commendation Medal one of which was awarded for valor.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate the applicant was a member of the
U. S. Army Reserve (USAR) when he was ordered to active duty with his USAR unit on 22 May 2007 in support of Operation Iraqi Freedom. He was deployed to Kuwait/Iraq between 14 August 2007 and 14 May 2008 as a member of the 396th Engineer Company, part of the 478th Engineer Battalion.
2. On 30 December 2007, a recommendation awarding the applicant an Army Commendation Medal for valorous achievement on 30 September 2007 was approved by the 20th Engineer Brigade commander. Orders confirming the award of the Army Commendation Medal with V device were published by the 20th Engineer Brigade on 31 December 2007.
3. Orders, issued on 3 January 2008, by Headquarters, Multi-National Corps-Iraq announced award of the Purple Heart for wounds received by the applicant on 12 December 2007.
4. On 22 January 2008, orders issued by the 20th Engineer Brigade announced award of the Army Commendation Medal in recognition of the applicants meritorious service between 22 May 2007 and 22 May 2008.
5. On 8 June 2008, the applicant was released from active duty. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his 8 June 2008 DD Form 214 reflects award of the National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with Campaign Star, Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Reserve Medal with M device.
6. On 2 May 2005, the Chief of Staff of the Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy.
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. 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.
9. In March 2007 Department of the Army announced that Soldiers should submit their requests for award of the Combat Action Badge to their chain of command for decision while in theater and that if that is not possible, that commanders have 90 days upon redeployment to make a determination on pending Combat Action Badge requests. Requests outside the 90-day redeployment window are to be sent to the Commander, U. S. Army Human Resources Command for approval. In view of the forgoing, that portion of the applicants request as pertains to the Combat Action Badge will not be further addressed by the Board. The applicant will be informed under separate letter to pursue the Combat Action Badge via his unit administrative office and officials at the U. S. Army Human Resources Command.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant deployed to Southwest Asia in support of Operation Iraqi Freedom between August 2007 and May 2008. There is no reason to doubt the authenticity of the award orders he provided in support of his request which show he was awarded the Purple Heart and two awards of the Army Commendation Medal, one with a V device.
2. In view of the foregoing, it would be appropriate to correct the applicants 2008 DD Form 214 to show award of the Purple Heart and two awards of the Army Commendation Medal, one with a V device.
BOARD VOTE:
____x____ ____x____ ___x_____ 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
adding the Purple Heart and two awards of the Army Commendation Medal, one with a V device, to his 2008 DD Form 214.
_______ _ _xxx______ ___
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) AR20080010172
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