BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090002811 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding two awards of the Army Achievement Medal (AAM), Combat Infantryman Badge (CIB), Purple Heart (PH) and Army Commendation Medal (ARCOM) to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and the dates of his second tour in Iraq and details of his disability retirement to item 18 (Remarks).  

2.  The applicant states, in effect, that the AAM (1st Oak Leaf Cluster), CIB, PH, and ARCOM; the dates of his second tour in Iraq (5 November 2005 –
8 August 2006); and details of his disability retirement were omitted from his 
DD Form 214.  

3.  The applicant provides his DD Form 214, DA Forms 638 (Recommendation for Award), and PH and CIB certificates in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army (RA) and entered active duty on 3 April 2003.  He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  



2.  The applicant's record contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings), which show a PEB convened in Washington, D.C. on
14 May 2008 and determined the applicant was physically unfit due to a right median nerve neuropathy condition that resulted from him being wounded in action during a combat patrol in Iraq on 6 August 2006.  The PEB rated his disability at 50 percent (%) and recommended he receive a permanent disability retirement.  The applicant concurred with this recommendation and on 17 August 2008, he was retired accordingly.

3.  The DD Form 214 issued to the applicant upon his honorable release from active duty (REFRAD) for permanent disability retirement on 17 August 2008 shows he completed a total of 5 years, 4 months, and 15 days of active military service and that he held the rank/grade of specialist (SPC)/E-4.  Item 13 lists the following earned awards:  Meritorious Unit Commendation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon.  Item 18 contains an entry that shows he served in Iraq from 22 February 2004 through 8 July 2004.  

4.  Item 23 (Type of Separation) of the applicant's DD Form 214 contains the entry "Retirement."  Item 25 (Separation Authority) shows he was separated under the provisions of Army Regulation 635-40 (Personnel Separations -
Physical Evaluation for Retention, Retirement, or Separation), paragraph
4-24b(1), and item 28 (Narrative Reason for Separation) shows the reason for his separation was "disability, permanent."   

5.  The applicant provides a CIB Certificate, dated 20 March 2004, which awarded him the CIB for his active engagement in ground combat against the enemy, while deployed in support of Operation Iraqi Freedom in Baghdad, Iraq.  He also provides a PH Certificate, dated 9 August 2006, which awarded him the PH for wounds received in action in Iraq on 6 August 2006, and that confirms this award was authorized and announced in LRMC [Landstuhl Regional Medical Center, Germany] Permanent Order 221-001.  

6.  The applicant also provides a DA Form 638 that shows he was awarded the ARCOM for meritorious service during the period 15 February through 15 July 2004, and that confirms this award was authorized and announced in Headquarters, 2nd Brigade, 1st Armored Division, Permanent Order Number
164-006 on 14 June 2004.  He also provides a DA Form 638 that shows he was awarded the AAM (1st Oak Leaf Cluster) for his meritorious service during the 

period 17 May 2005 through 1 April 2008, and that this award was authorized and announced in Headquarters, 2nd Battalion, 6th Infantry Permanent Order Number 093-02 on 7 April 2008.  

7.  Defense Finance and Accounting Service (DFAS) pay records confirm the applicant received imminent danger pay during the period 1 November 2005 through 31 August 2006.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that it is authorized for service in Iraq on or after 
19 March 2003, to a date to be determined by the Secretary of Defense.  It also states that a bronze service star is authorized with the ICM for each campaign a member is credited with participating in while serving in Iraq.  During the applicant's tenure of assignment in Iraq during his second tour, participation credit was granted for the Iraqi Governance (29 June 2004 – 15 December 2005) and National Resolution (16 December 2005 – date to be determined) campaigns. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions for the DD Form 214.  The instructions for item 13 state, in pertinent part, to list all awards and decorations for all periods of service.  The instructions for item 18 state, in pertinent part, that for active duty Soldiers deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  There are no instructions providing for entries related to disability retirement in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 13 of his DD Form 214 should be corrected to show he received the ARCOM, AAM (1st Oak Leaf Cluster) 
[2nd Award], PH, and CIB was carefully considered and found to have merit.  The evidence confirms the applicant received the awards in question and that they were authorized and announced in official orders.  As a result, they should be added to item 13 of his DD Form 214 accordingly.  



2.  The applicant's contention that an entry should be added to item 18 to document his second tour of duty in Iraq was also carefully considered and found to have merit.  The evidence of record confirms the applicant completed a second period of service in Iraq from 5 November 2005 through 8 August 2006, as corroborated by documents on file in his record, which include the DFAS pay record and PEB Proceedings.  Further, based on this period of service and campaign participation during this second tour in Iraq, he is eligible for the ICM with 2 bronze service stars.  Therefore, it would be appropriate to add the entry 
"SERVICE IN IRAQ FROM 20051105 - 20060808" to item 18 and the ICM with 
2 bronze service stars to item 13 of his DD Form 214. 

3.  The applicant's contention that item 18 should contain an entry regarding his disability retirement was also considered.  However, his disability retirement is properly documented in items 23, 25, and 28 of his DD Form 214, and there are no regulatory provisions that provide for an entry documenting details about a disability retirement in item 18.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the applicant's requested relief.  

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:

   a.  adding to Item 13 of the applicant's DD Form 214 the Purple Heart, Army Commendation Medal, Army Achievement Medal (1st Oak Leaf Cluster), Iraq Campaign Medal with 2 bronze service stars, and Combat Infantryman Badge;
   
   b.  adding to Item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20051105 - 20060808"; and
   
   
   c.  providing the applicant a correction to his DD Form 214 that includes these changes.

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 adding a disability retirement entry to item 18 of his DD Form 214.



      _________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)                                         AR20090002811



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002811



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1