IN THE CASE OF:	  

		BOARD DATE:	       9 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090006313 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that he suffered shrapnel wounds to his left hand while riding in a truck, on 14 July 2003, when the truck was hit by a rocket propelled grenade (RPG) round.  He also adds that he held an infantry specialty and was assigned to an infantry unit and should also have received the Combat Infantryman Badge.

3.  The applicant provides a copy of his DA Form 2173 (Statement of Medical Examination and Duty Status), dated 20 July 2004, and a copy of a consult report, dated 30 July 2003, in support of his request.

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.  The applicant's records show he enlisted in the Regular Army for a period of 4 years on 16 August 2000.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  The applicant’s records also show he served in Korea from on or about 13 February 2001 to 8 August 2002.  He also served in Kuwait/Iraq; however, his period of foreign service cannot be determined.  

4.  The applicant was discharged, on 22 June 2007, as a result of a court-martial conviction.  The DD Form 214 he was issued shows he completed 6 years, 
4 months, and 17 days of active military service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army  Achievement Medal (2nd Award), the National Defense Service Medal, the Korea Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.  Item 13 does not show award of the Purple Heart or the Combat Infantryman Badge. 

6.  The applicant's records do not contain orders awarding him the Purple Heart or the Combat Infantryman Badge.

7.  The applicant submitted a copy of his DA Form 2173, dated 20 July 2004, that shows while a member of B Company, 3rd Battalion, 7th Infantry, in Baghdad, Iraq, he was involved in an ambush when his truck was struck by an RPG round and that shrapnel injured his left hand, on 14 July 2003.  He initially received treatment, on 21 July 2003, and received further treatment for this injury on 6 November 2003, at the U.S. Army Medical Department Activity, Fort Stewart, GA.  His injury was later determined to be in line of duty.  The DA Form 2173 also shows the entry "[Applicant] recommended for valor for his performance and awarded the Purple Heart for his injuries." 

8.  An email, dated 24 August 2009, from the Deputy Chief, Army Casualty and Mortuary Affairs, Human Resources Command, Alexandria, VA, confirmed that the applicant was on a patrol in Baghdad, Iraq, on 14 July 2003, when his team/convoy was attacked by RPGs.  One round hit the 5-ton truck and another round hit the HUMMWV.  The applicant sustained minor injuries to his hand.


9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 

11.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

12.  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.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria: 

	a.  initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom; and

	b.  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 noncon- secutive days are authorized the GWOTSM.  The GWOTSM may be awarded posthumously.  Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded. 


13.  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 qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service Member will be entitled to both medals for the same act, achievement, or period of service.  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 1 day of eligibility.

14.  Department of Defense Directive, dated 16 April 2008, designated four phases of Operation Iraqi Freedom as qualifying for a campaign star:  Liberation of Iraq from 19 March 2003 to 1 May 2003, Transition of Iraq from 2 May 2003 to 28 June 2004, Iraqi Governance from 29 June 2004 to 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

15.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The available evidence shows the applicant suffered a shrapnel wound to his left hand as a result of enemy action, on 13 July 2003, while in Iraq and he was awarded the Purple Heart for his injury.  Therefore, there is sufficient evidence to add this award to his DD Form 214.

3.  The evidence of record also shows the applicant held an infantry MOS and he was personally present with his infantry company in Iraq when his platoon engaged and/or was engaged by the enemy on 13 July 2003.  Therefore, he meets the criteria for award of the Combat Infantryman Badge and should have his records corrected to show this award.

4.  The applicant’s records show he completed a period of service that qualifies him for award of the GWOTSM which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Although the exact dates of his service in Iraq cannot be determined, the applicant was engaged in combat during and was wounded in action.  Therefore, he met the criteria for award of the Iraq Campaign Medal.  Additionally, he participated in at least one campaign during his service in Iraq; therefore, he is entitled to a bronze service star to be affixed to the Iraq Campaign Medal.

6.  The evidence of record shows that the applicant served in Korea from 13 February 2001 to 8 August 2002.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

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:

	a.  awarding the applicant the Combat Infantryman Badge; and 

	b.  adding to the list of awards shown on his DD Form 214 the Purple Heart, the Combat Infantryman Badge, and the Global War on Terrorism Service Medal, the Iraq Campaign Medal with one bronze service star, and the Korea Defense Service Medal.




      _______ _   _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)                                         AR20090006313



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ABCMR Record of Proceedings (cont)                                         AR20090006313



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