IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100010482 


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 show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states:

* He was injured in Afghanistan in October 2005 when he was shot by a rocket propelled grenade (RPG)
* He was given the Purple Heart medal
* He never received orders for the Purple Heart and it does not appear on his DD Form 214

3.  The applicant provides:

* Medical records
* DD Form 214
* Memorandum for record, dated 11 July 2005

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 14 July 2004.  He served as an infantryman assigned to Company A, 1st Battalion, 325th Airborne Infantry Regiment in Afghanistan from 16 July 2005 to 1 November 2005.  On 
28 September 2006, the applicant was honorably discharged by reason of physical disability with severance pay. 

3.  The applicant’s DD Form 214 shows the Army Commendation Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge as authorized awards.

4.  There are no orders for the Purple Heart or Combat Infantryman Badge in the available records.

5.  A Narrative Summary, dated 15 October 2005, shows the applicant sustained a left leg RPG injury on 10 October 2005 (in Afghanistan).  He was treated on 
10 October 2005 and transferred to Fort Bragg, North Carolina on 15 October 2005 for further medical treatment.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.  

7.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

8.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

9.  Army Regulation 600-8-22 states a bronze service star is authorized for wear with the Afghanistan Campaign Medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The Narrative Summary provided by the applicant which shows he sustained a left leg RPG injury on 10 October 2005 in Afghanistan is accepted as sufficient evidence on which to base award of the Purple Heart.

2.  The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Afghanistan.  In addition, he was wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  Based on the applicant's service in Afghanistan, he is eligible for the Afghanistan Campaign Medal with one bronze service star.

4.  The applicant was honorably discharged duty in the rank of specialist with 2 years, 2 months, and 15 days of creditable active service with no time lost and no evidence of any disciplinary actions.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 14 July 2004 through 28 September 2006 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected 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 him the Purple Heart for wounds received in action on 
10 October 2005 in Afghanistan; 

	b.  awarding him the Combat Infantryman Badge; 

	c.  awarding him the first award of the Good Conduct Medal for the period 
14 July 2004 through 28 September 2006; and 

	d.  adding the Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal and one bronze service star for wear on his Afghanistan Campaign Medal to his DD Form 214.



      _______ _   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)                                         AR20100010482



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ABCMR Record of Proceedings (cont)                                         AR20100010482



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