IN THE CASE OF:	  

		BOARD DATE:	        14 APRIL 2009

		DOCKET NUMBER:  AR20090001218 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his awards of the Purple Heart and the Combat Action Badge (CAB).

2.  The applicant states that he was awarded the Purple Heart and the CAB just prior to his separation; however, neither of those awards made it to his records or his DD Form 214 prior to his separation.  He also states that he was awarded the CAB based on his award of the Purple Heart.

3.  The applicant provides a copy of his Purple Heart orders and the DA Form 4187 recommending him for the award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve on 29 March 1999 for a period of 8 years under the delayed entry program.  He enlisted in the Regular Army on 6 May 1999 for a period of 4 years, training as a cavalry scout, and a cash enlistment bonus.  He completed his one-station unit training at Fort Knox, Kentucky, and was transferred to Fort Polk, Louisiana, for his first duty assignment.  He was advanced to the pay grade of E-4 on 1 July 2001.

2.  He reenlisted on 15 May 2002, for a period of 4 years, a selective reenlistment bonus, and assignment to Fort Carson, Colorado. 

3.  He deployed to Southwest Asia (Kuwait and Iraq) on 20 September 2002 and served there until 15 September 2003.  He was subsequently reassigned to Fort Carson and on 1 March 2005 he was promoted to the pay grade of E-5.

4.  On 6 March 2005, he deployed to Iraq with his unit.  On 31 August 2005, he was wounded as a result of enemy action and was subsequently awarded the Purple Heart for those wounds.

5.  He departed Iraq on 14 February 2006 and was returned to Fort Carson where he remained until he was honorably released from active duty (REFRAD) on 30 June 2006 due to completion of required service.  He had served 7 years, 1 month, and 25 days of total active service and his DD Form 214 issued at the time of his REFRAD does not reflect that he was awarded either the Purple Heart or the CAB.

6.  A review of the applicant's records failed to show orders awarding him the Purple Heart; however, he provided a copy of orders and a copy of his Purple Heart Certificate was contained in his records.  Additionally, there is no evidence in his records to show he was awarded the CAB.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

8.  On 2 May 2005, the Chief of Staff of the Army approved the creation of the CAB to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy.

9.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the CAB are branch and military occupational specialty 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 CAB.  However, it is not intended to award the CAB 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.
10.  Army Regulation 600-8-22 also states that award of the CAB 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 CAB are not authorized prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's records do not contain orders awarding him the Purple Heart, his records do contain a copy of the Purple Heart Citation and the applicant has provided a copy of the orders that awarded him the Purple Heart for wounds received in action on 31 August 2005.  Accordingly, he is entitled to have the award of the Purple Heart added to his records at this time.

2.  While the applicant's records do not contain and he has not provided orders awarding him the CAB, he contends, that he was awarded the CAB when he was awarded the Purple Heart.  Therefore, it is reasonable to presume that through an administrative error the orders did not make it to his records for filing.  

3.  It is also reasonable to presume that since he qualified for award of the CAB based on the circumstances surrounding his wounding on 31 August 2005, that he was in fact awarded the CAB as he contends, and it would be in the interest of justice to add that award to his records at this time as well.

4.  In short, there is sufficient evidence to establish his entitlement to the award of the CAB and sufficient reason to believe that this combat veteran was in fact awarded the CAB as he claims. 

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart and the CAB.
2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20090001218



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001218



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1