BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090006804 


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 show his foreign service tour from August 2003 to May 2004 and award of the Combat Medical Badge.

2.  The applicant states that his record is in error for it does not show his service in Iraq or award of the Combat Medical Badge based on his combat experiences in Iraq.

3.  The applicant provides copies of his DD Form 214 with a separation date of 23 November 2004; a Department of Veterans Affairs (VA) Rating Decision, dated 12 November 2008; two memoranda for record, dated 28 February 2008 and 17 July 2008; a letter from the U.S. Army and Joint Services Records Research Center, dated 7 April 2008; excerpts from his VA disability claim; and a memorandum, dated 18 November 2004. 

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 enlisted in the Regular Army on 19 February 2002.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 91W (Health Care Specialist).  The highest grade he attained was private first class/pay grade E-3.

3.  The applicant's Enlisted Record Brief (ERB), dated 17 September 2004, Section I (Assignment Information), does not show any overseas service tour credit or that he deployed for combat duty.  The ERB shows that he was assigned to the 82nd Airborne Division on 15 July 2003 with further assignment to Headquarters and Headquarters Company, 504th Parachute Infantry Regiment, Fort Bragg, NC.

4.  The ERB shows in Section VIII (Awards and Decorations) that the applicant received the National Defense Service Medal and the Global War on Terrorism Service Medal.

5.  On 23 November 2004, the applicant was discharged from active duty with a general discharge.  The DD Form 214 he was issued shows he served 2 years, 2 months, and 5 days on active duty.  Item 12f (Foreign Service) does not show any foreign service credit during this enlistment period.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Global War on Terrorism Service Medal.

7.  Item 18 (Remarks) of the applicant's DD Form 214 does not show any deployment dates or the country of deployment.

8.  In processing this case, the applicant's official record maintained on the Integrated Personnel Electronic Records Management System was searched in an attempt to find the specific dates of his assignment to Iraq and for an award order awarding him the Combat Medical Badge.  However, there was no record of his service in Iraq nor was there an order awarding the Combat Medical Badge.

9.  The Defense Finance and Accounting System (DFAS) maintains Soldiers financial records of all pay and allowances paid to them during their periods of service.  The DFAS computerized system shows that the applicant received hostile fire pay for one period of service in an imminent danger pay zone.  The period of service was from 3 September 2003 to 25 March 2004.  The applicant's master military pay account shows that he was in Kuwait.

10.  In support of his application, the applicant provided the following evidence.

	a.  A memorandum, dated 18 November 2004, signed by the battalion personnel services sergeant shows that the unit records confirm the applicant deployed in support of Operation Iraqi Freedom from 17 November 2003 to 1 April 2004 with the 1st Battalion, 504th Parachute Infantry Regiment.

	b.  A memorandum, dated 21 February 2008, from a staff sergeant who affirms the applicant was assigned to the 504th Parachute Infantry Regiment and that he served in support of Operation Iraqi Freedom near the city of Al Fallujah,  Al Kharma, and Nasir Wal Salamen in the Al Anbar Province of Iraq out of Forward Operating Base Mercury.  He states the applicant was a 91W who provided medical care to Soldiers at Forward Operating Base Mercury who were wounded during rocket attacks against the base.  He also states the applicant was awarded the Combat Medical Badge.  He cites two specific combat patrol incidents where the applicant provided medical treatment to injured Soldiers.  The first was in early September 2003 when a squad encountered a roadside bomb where one Soldier in the squad was killed in action and two were wounded in action.  The second incident was in October 2003 when insurgents hit the patrol that he and the applicant were members of with rocket-propelled grenades.  He states that a rocket-propelled grenade hit the applicant's vehicle.

	c.  A memorandum, dated 17 July 2008, from the executive officer of the 504th Parachute Infantry Regiment who verifies the wartime military service of the applicant and substantiates his service as a combat medic.  The officer and applicant were part of Task Force 1st Battalion, 504th Parachute Infantry Regiment, of the 3rd Brigade Combat Team that deployed to Kuwait and then into Iraq in August 2003.  He states the applicant was initially assigned to Headquarters and Headquarters Company, and then was detailed to support the task force.  He states he served directly with the applicant on patrols in and around Al Fallujah, Iraq.  He witnessed the applicant perform the duties of a combat medic in hostile conditions when a company patrol was attacked near Al Fallujah.  He states that the applicant was the first medical responder to a Soldier who had been dismembered and another who was fatally wounded during the attack.  The officer, now a captain, states the applicant is fully deserving of the Combat Medical Badge as defined in Army Regulation 600-8-22 (Military Awards).

11.  In support of his application, the applicant provided documentation that was submitted to the VA to support his VA claim of post-traumatic stress disorder (PTSD).  In the first VA claim statement, he specifically stated that he was the first medic to respond when an improvised explosive device killed Specialist B____ and wounded three Soldiers including one who was an amputee in September 2003.  In a second VA claim statement, he stated that in October 2003, he provided medical treatment to Sergeant P____ and Specialist Mc____ when a rocket-propelled grenade hit their military vehicle.

12.  On 7 April 2008, the Director of the U.S. Army and Joint Service Records Research Center wrote a letter to the VA Medical Center in Brecksville, OH, that states, in effect, that the mission of the center was to provide research support for PTSD claims.  The function of the PTSD unit is to provide documented information to support Veterans involvement in stressful incidents during their service period.  A search of the DoD Operation Iraqi Freedom combat historical information documents shows that Sergeant B____ was killed and three others were wounded on 14 September 2003 near Al Fallujah, Iraq.  Sergeant B____ was assigned to Company A, 1st Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division.  The letter also verified that Specialist Mc____ of Company D, 2nd Battalion, 504th Parachute Infantry Regiment, was on patrol when his patrol was attacked by rocket-propelled grenades and small arms fire east of Forward Operating Base Mercury near Al Fallujah, Iraq on25 October 2003.  Specialist Mc____ and two other Soldiers were wounded in the attack.  

13.  As additional supporting evidence, the applicant provided a copy of his VA Rating Decision dated 12 November 2008.  In the VA Rating Decision, the applicant was granted service-connected disability for PTSD with an evaluation of 50 percent effective 29 March 2007 and a 100-percent rating for two 21-day hospitalization periods.  As of 5 June 2008, the applicant was rated 50 percent for PTSD.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) 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.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

16.  Army Regulation 600-8-22 provides that on or after 18 September 2001, medical personnel assigned or attached to or under operational control of any ground combat arms unit (not to include members assigned or attached to Aviation units) of brigade or smaller size, who satisfactorily performed medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire, are eligible for award of the Combat Medical Badge.

17.  A review of the applicant's records indicates entitlement to an additional award that is not shown on his DD Form 214 with a separation date of 23 November 2004.

18.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  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 Operation Iraqi Freedom.  

19.  Headquarters, Department of the Army (AHRC-PDP-A), Military Personnel (MILPER) Message Number 08-123, issued on 30 April 2008 provided the guidance on criteria, applicability and standards of awarding service stars to the Afghanistan Campaign Medal and the Iraq Campaign Medal.  Service stars provide Soldiers with tangible recognition of the sacrifices and contributions in support of the Global War on Terror in Afghanistan and Iraq.  In accordance with this guidance and the applicant's tour in Iraq, he participated in one campaign:  the Transition of Iraq (2 May 2003 to 28 June 2004).  This same message states that a bronze service star is authorized for wear on the Iraq Campaign Medal for participation in each campaign. 

DISCUSSION AND CONCLUSIONS:

1.  The DFAS computerized record shows that the applicant received hostile fire pay from 3 September 2003 to 25 March 2004 for service in Kuwait.  The unit reported the applicant's inclusive dates for his foreign service tour in Iraq were from 17 November 2003 to 1 April 2004 with the 1st Battalion, 504th Parachute Infantry Regiment.  The U.S. Army and Joint Services Records Research Center shows evidence that the applicant was in Iraq near Al Fallujah on, about 14 September 2003 through on, or about 25 October 2003.  Absent temporary change of station orders or unit movement orders with deployment personnel rosters, the Board cannot determine the applicant's specific dates of assignment in Iraq.  However, the evidence does show the applicant served in the country of Iraq for more than 30 days.

2.  Based on the applicant's known service in Kuwait/Iraq in support of Operation Iraqi Freedom, as reported by DFAS, it is appropriate to add to item 12f of the applicant's DD Form 214 with a separation date of 23 November 2004, the entry "00 years, 06 months, 22 days."
 
3.  It would also be appropriate to add to item 18 of his DD Form 214 "SERVICE IN KUWAIT/IRAQ FROM 20030903-20040325" based on the correction to item 12f of his DD Form 214.

4.  Based on the applicant's medical military occupational specialty, assignment to an infantry company, and service in combat under hostile fire as evidenced by multiple witness statements and reports, the applicant is entitled to have his record corrected to show award of the Combat Medical Badge.

5.  Based on his service in Iraq, the applicant is entitled to have his record corrected to show award of the Iraq Campaign Medal with one bronze service star.

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.  adding to item 12f of the applicant's DD Form 214 the entry "00 years, 06 months, 22 days";

	b.  adding to item 18 of the applicant's DD Form 214 with a separation date of 23 November 2004, the entry "SERVICE IN KUWAIT/IRAQ FROM 20030903-20040325";

	c.  awarding him the Combat Medical Badge; and

	d.  adding to item 13 of his DD Form 214 the Combat Medical Badge and the Iraq Campaign Medal with one bronze service star.




      _____________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)                                         AR20090006804



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ABCMR Record of Proceedings (cont)                                         AR20090006804



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