IN THE CASE OF:	

		BOARD DATE:	       21 JULY 2009

		DOCKET NUMBER:  AR20090003552 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Operation Iraqi Freedom (OIF) campaign medal (applicant apparently means the Iraq Campaign Medal (ICM) with bronze service stars), Global War on Terrorism Service Medal (GWOTSM), National Defense Service Medal (NDSM), Purple Heart (PH), and Combat Action Badge (CAB).

2.  The applicant states he served in OIF from 7 February through 24 June 2003 and was wounded in a convoy ambush in Iraq.

3.  The applicant provides his DD Form 214 and a Standard Form (SF) 513 (Consultation Sheet – Medical Record) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested that the NDSM be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the NDSM.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

2.  The applicant entered active duty from an Army National Guard (ARNG) unit on 7 February 2003 in support of Operation Iraqi/Enduring Freedom.  He served in pay grade E-4.  He was released from active duty on 14 January 2004 and returned to his ARNG unit after completing 11 months and 8 days of active duty service.  
3.  The DD Form 214 he was issued at the time shows the applicant served in Iraq and Kuwait during the period 8 March through 26 July 2003.

4.  The applicant was separated from the Mississippi ARNG on 28 July 2004 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation after completing 6 years,
7 months, and 7 days of combined service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
14 January 2004 shows the Army Reserve Components Achievement Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Army Lapel Button, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain State of Mississippi, Military Department, The Adjutant's Office, Jackson, Mississippi, Permanent Orders
179-51, dated 28 June 2006, awarding the applicant the Combat Action Badge for actively engaging or being engaged by the enemy during assignment in a hostile area on 5 May 2003.

7.  The available evidence does not contain any orders or other documents that indicate he was ever awarded the PH by proper authority.
 
8.  During the processing of this case, a member of the Board's staff contacted the Casualty Branch at the U.S. Army Human Resources Command to determine whether the applicant was listed on the Iraq Casualty List for being treated for wounds or injuries sustained in Iraq.  His name was not listed.  

9.  The SF 513, dated 24 June 2003, provided by the applicant contains remarks by the attending physician that the applicant indicated he had been injured five days earlier in Iraq when the vehicle convoy came under fire and he sustained fragment injuries.

10.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for wounds 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 by medical personnel, and the medical treatment must have been made a matter of official record.



11.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members must have been assigned, attached, or mobilized to units 
operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

   a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties,

   b.  is wounded or injured and requires medical evacuation from the area of eligibility, or
 
   c.  while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

12.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

13.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
14.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the 
Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided an SF 513 for a medical examination he underwent indicating he sustained injuries five days earlier when his convoy came under fire while he was in Iraq.  However, there are no other official documents such as an incident report, line of duty investigation, or any other available evidence to show that the wounds or injuries were sustained as the result of hostile action.   

2.  The applicant's name was not listed on the Iraq Casualty List maintained at the Human Resources Command.  In the absence of corroborating evidence that the applicant was wounded as a result of hostile action, there is insufficient evidence upon which to base award of the PH.

3.  The applicant's records contain permanent orders awarding him the CAB.  Therefore, he is entitled to have his records corrected to show this award.

4.  The applicant served during a qualifying period which would entitle him to the ICM.  He also participated in two campaign phases (Liberation of Iraq/19 March 2003 - 1 May 2003 and Transition of Iraq/2 May 2003 - 28 June 2004) during his service in Iraq.  Therefore, it would also be appropriate to show that he was awarded the Iraq Campaign Medal with two bronze service stars.

5.  Based on the dates the applicant served on active duty, he is also entitled to the GWOTSM.  Therefore, his records should be corrected to show this award.  

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.








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 adding to item 13 of the applicant's DD Form 214 the CAB, GWOTSM, and the ICM with two bronze service stars.

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 awarding the PH to the applicant.



      __________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)                                         AR20090003552



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ABCMR Record of Proceedings (cont)                                         AR20090003552



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