IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019182


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, the Purple Heart, Navy Unit Commendation (NUC), and any other awards that may be missing from his DD Form 214 (Certificate of Release or Discharge from Active Duty) be added to that form.

2.  The applicant states he was a member of A Company, 1st Battalion, 506th Infantry, 101st Airborne Division (Air Assault).  After he was released from active duty, friends called him and told him of awards the unit received.

3.  The applicant provides a copy of his DD Form 214.

4.  The applicant provides under separate cover:

* A 2 February 2010 memorandum from an Army first sergeant who was his platoon sergeant in Iraq stating the applicant hurt his arm on 13 April 2006, but never went for x-rays
* A Department of the Navy memorandum, dated 6 November 2008, awarding the NUC to I Marine Expeditionary Force (I MEF) and subordinate units (including 1st Battalion, 506th infantry) for the period 28 February 2006 to 9 February 2007
* A citation for the NUC
* A unit award recommendation for the NUC


CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 25 March 2004 through 13 June 2007.  He was honorably released from active duty to attend civilian schooling.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Air Assault Badge

2.  His Enlisted Record Brief (ERB) shows the following sequence of assignments:

* 2004/03/25 - entered the Army at Columbus, OH
* 2004/03/25 - assigned to 30th Adjutant General Battalion, Fort Benning, GA
* 2004/04/02 - assigned to Company C, 2nd Battalion, 54th Infantry, Fort Benning for initial entry training
* 2004/08/01 - assigned to 101st Air Assault Replacement Detachment, Fort Campbell, KY
* 2004/08/19 - assigned to Infantry Unit of Action (UA) 4, 101st
* 2004/09/21 - assigned to 3rd Battalion, 327th Infantry (Air Assault)
* 2004/10/05 - assigned to Company A, 1st Battalion, 506th Infantry
* 2005/11/17 - deployed to Iraq with Company A, 1st Battalion, 506th Infantry
* 2006/11/12 - redeployed from Iraq to Fort Campbell

3.  The applicant's unit deployed to Iraq from November 2005 to November 2006 as a part of I MEF; thus, the unit was present for 9 months of the 12-month period cited in the I MEF NUC citation.

4.  A review of Army records show the Department of the Army has not yet concurred with the recommendation of the Commandant of the Marine Corps to award the NUC to Army units listed as participating in operations with I MEF.
5.  The applicant's records contain no orders awarding him the Purple Heart.  There are no medical records documenting a wounding on 13 April 2006, and the U.S. Army Human Resources Command, Alexandria, VA (USAHRC-Alexandria) does not have a casualty report for him.

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required treatment by medical personnel; and (3) the medical treatment was made a matter of official record.

	b.  Award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  During the applicant's service in Iraq, there were two campaigns:  Iraqi Governance (29 June 2004 - 15 December 2005) and National Resolution (16 December 2005 to 9 January 2007).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, award of the Purple Heart and the NUC and any other awards to which he may be entitled.

2.  The applicant's former platoon sergeant states the applicant hurt his arm in an improvised explosive device (IED) attack.  The former platoon sergeant surmises the applicant broke his arm.  He was directed to go to the hospital in Balad, Iraq for x-rays, but he never went.

3.  It appears the applicant was not seriously injured and never pursued medical treatment.  Medical treatment is a requirement for award of the Purple Heart; in this case, there was no such treatment.  USAHRC-Alexandria does not have a casualty report on the applicant.  Therefore, despite the memorandum from his former platoon sergeant, there is insufficient evidence to award him a Purple Heart.


4.  The applicant's unit was recommended for award of the NUC by the Commandant of the Marine Corps; however, the Department of the Army has not yet provided concurrence for the award.  Until concurrence is given, the NUC is recommended, not approved for participating Army units.

5.  During the applicant's service in Iraq he participated in two campaigns:  the Iraqi Governance and National Resolution.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal.

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 deleting from item 13 of his DD Form 214 the Iraq Campaign Medal and replacing it with the Iraq Campaign Medal 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 the Purple Heart and the NUC.



      _________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)                                         AR20090019182



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ABCMR Record of Proceedings (cont)                                         AR20090019182



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