IN THE CASE OF:	

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090015088 


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 reconsideration of his earlier petition to add the Purple Heart (PH) and Combat Infantryman Badge (CIB) to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states he is not sure why his request to add the PH and CIB to his record and DD Form 214 was denied by the Board.  

3.  The applicant provides a PH recommendation and award orders in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080017003 on 21 January 2009.

2.  During the original review of the case, the Board concluded although the evidence confirmed the applicant sustained and was treated for a gunshot wound to his left leg in Iraq, the evidence did not confirm the wound was sustained as a result of enemy action.  It further found no evidence confirming his participation in ground combat with enemy forces in Iraq that would support award of the CIB.  

3.  The applicant now provides as new evidence a recommendation for the PH submitted on a DA Form 4187 (Personnel Action) by his unit commander on 
6 October 2006, with an addendum showing the award was approved by the commanding general of the 13th Sustainment Command.  He also provides PH orders issued by the 13th Sustainment Command on 27 October 2006.  These orders show he was awarded the PH for wounds received in action in Iraq on 
7 September 2006.  

4.  The applicant's record shows while a member of the United States Army Reserve (USAR), he was ordered to active duty in support of Operation Iraqi Freedom and entered active duty on 2 October 2005.  

5.  The record further shows the applicant held and served in military occupational specialty (MOS) 11B (Infantryman) and during his tour of duty in Iraq, he was assigned to C Troop, 5th Battalion, 117th Cavalry Regiment.  

6.  The record contains a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 7 November 2006.  This document shows the applicant was shot in the left leg by a .50 caliber machine gun while performing his duties as an escort participating in a convoy in Iraq on 7 September 2006.  It further shows an "In Line of Duty" determination for the incident was approved. 

7.  The applicant's record is void of any orders or documents indicating he was ever recommended for or awarded the PH and/or CIB by proper authority while serving on active duty.  

8.  On 26 April 2008, the applicant was honorably released from active duty (REFRAD), in the grade of specialist/E-4, and returned to the USAR Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed  2 years, 6 months, and 25 days of active service during the period.  It also shows he earned the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" (Mobilization) Device
* Expert Infantryman Badge.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states there must be evidence the wound for which the PH is being awarded was received as a result of enemy action; required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record. It also provides for awarding the PH to members wounded as a result of friendly fire in the same manner as those wounded as a direct result of enemy action.

10.  Chapter 8 of the awards regulation contains guidance on award of Badges and Tabs of United States origin.  Paragraph 8-6 contains guidance on award of the CIB.  It states for award of the CIB a Soldier must meet the following three requirements: 

		a.  Be an infantryman satisfactorily performing infantry duties; 

		b.  Assigned to an infantry unit during such time as the unit is engaged in active ground combat; and 

		c.  Actively participate in such ground combat.  

11.  The same regulation further states a CIB recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty, in a unit actively engaged in ground combat with the enemy. The unit in question can be of any size smaller than brigade.  Campaign or battle credit alone is not sufficient for award of the CIB. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his DD Form 214 to be corrected by adding the PH has been carefully considered and found to have merit.  Although the evidence is still not clear regarding the circumstances surrounding his wounding in Iraq on 7 September 2006, the PH recommendation and orders he now provides show he was awarded the PH for this wounding.  As a result, it would be appropriate to rule in favor of the applicant and add the PH to his record and DD Form 214. 

2.  The evidence of record and independent evidence provided by the applicant is not sufficiently compelling to revise the original ABCMR decision regarding award of the CIB.  By regulation, in order to support award of the CIB, there must be evidence confirming not only service in an infantry MOS in a qualifying infantry unit, but also verifying the member was present and participating with his unit while the unit was engaged in active ground combat with enemy forces.  

3.  The evidence confirms the applicant was wounded while on escort duty with a convoy in Iraq.  However, it fails to confirm his qualifying infantry unit was engaged in active ground combat with enemy forces and he was participating at the time of his wounding.  It appears likely he was performing non-traditional duties as a escort, rather than traditional infantry duties with his qualifying infantry unit at the time of his wounding.  As a result, given he was never recommended for or awarded the CIB by proper authority while serving in Iraq, there remains an insufficient evidentiary basis to support granting this portion of the 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 partial amendment of the ABCMR’s decision in Docket Number AR20080017003, dated 21 January 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart to his record and DD Form 214.  

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 award of the Combat Infantryman Badge.  



      _______ _   __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)                                         AR20090015088



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ABCMR Record of Proceedings (cont)                                         AR20090015088



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