IN THE CASE OF:	  

		BOARD DATE:	    5 October 2010

		DOCKET NUMBER:  AR20100008754 


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 reflect all awards he earned while he was on active duty, including the Purple Heart (PH), Bronze Star Medal (BSM), and any awards issued after his discharge.

2.  The applicant states he received a hardship discharge from the Army and believes some awards for which he is eligible had not yet been created when he was discharged.  He served in the U.S. Army from 31 January to 17 October 2003.  During this period, he was in Kuwait from "03/25/2003 to 07/01/2003" and in Iraq from "05/05/2003 to the end of June 2003."

3.  He further states that while he was in Iraq, an enemy Iraqi struck the vehicle he was driving, ramming it three times.  The Iraqi was killed.  He was rushed to a Mobile Army Surgical Hospital type of unit because he sustained injuries to his neck and left arm where his left elbow was crushed.  He has been through one surgery on his arm/elbow and received around 20 injections into his neck at a Department of Veterans Affairs Medical Center (VAMC).  He will also be seeing a surgeon at a VAMC.  He has a 70-percent service-connected disability rating from the VA.

4.  The applicant provides copies of a DA Form 3349 (Physical Profile), a DD Form 2796 (Post-Deployment Health Assessment), a DD Form 214, and a chaplain's letter supporting his request for a hardship discharge.



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 U.S. Army Reserve on 25 February 2002 for training in military occupational specialty 77F (Petroleum Supply Specialist) and assignment to the 998th Quartermaster Company.  He was ordered to active duty in support of Operation Enduring Freedom on 31 January 2003 and was honorably discharged on 17 October 2003.

3.  His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, and Army Service Ribbon.

4.  Item 18 (Remarks) of his DD Form 214 shows he was ordered to active duty in support of Operation Enduring Freedom and served in Kuwait during the period 26 March 2003 to 1 July 2003.

5.  His record is void of documentation showing he was awarded the BSM.

6.  His record is void of documentation showing he was awarded the PH.

7.  The DA Form 3349 provided by the applicant shows he received a temporary physical profile on 26 June 2003 due to left elbow surgery.

8.  On 15 October 2003, the applicant completed a DD Form 2796.  He indicated he arrived in Kuwait on 28 March 2003 and arrived in Iraq on 5 May 2003.  The form does not indicate how long he was in either country.  He also indicated he was seen at sick call twice during his deployment and spent one or more nights in the hospital "for elbow [and] numbness in hand."  The portion of the form completed by the health care provider includes the hand-written note "semi accident, left elbow injury and ulna entrapment."
9.  The applicant's service medical records are not available to the Board for review.

10.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 states the PH 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.

12.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

13.  Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, 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 ICM 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 nonconsecutive days or meet one of the following criteria:  (1) 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; (2) is wounded or injured and requires medical evacuation from the area of eligibility; or (3) 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.  The ICM may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the ICM, the GWOTEM, the Global War on Terrorism Service Medal (GWOTSM), the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

14.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  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.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his DD Form 214 to reflect additional awards.

2.  The applicant's service meets the criteria for award of the GWOTEM.  Although the applicant's statements indicate he may be eligible for the ICM, there is no evidence showing he meets any of the criteria for that award.  Accordingly, based on the evidence of record, the GWOTEM is the appropriate award to recognize his service in Kuwait and Iraq.  He is entitled to correction of his record to show the GWOTEM.

3.  The applicant's service meets the criteria for award of the GWOTSM.  He is entitled to correction of his record to show this award.

4.  The evidence of record does not show the applicant was awarded the BSM.  He is not entitled to correction of his record to show this award.

5.  The available documentation indicates the applicant was injured during his deployment; however, these records do not show he was wounded as a result of hostile action.  In the absence of such documentation, there is no basis for award of the Purple Heart.



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 is 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 the following to item 13 of his DD Form 214:

* GWOTEM
* GWOTSM

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 PH and BSM.



      ___________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)                                         AR20100008754



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ABCMR Record of Proceedings (cont)                                         AR20100008754



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