IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100028165 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the following:

* Army Good Conduct Medal
* Bronze Star Medal with "V" device
* Purple Heart
* Army Achievement Medal
* Army Commendation Medal
* Army Reserve Components Achievement Medal
* Warrior Leaders Course

2.  The applicant states these missing items are unjust.  Further, he has a service connected disability rating of 70 percent for Post Traumatic Stress Disorder and an overall disability rating of 90 percent.

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

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's records show he enlisted in the Regular Army on 14 January 2004 and held military occupational specialty 21B (Combat Engineer).

3.  Permanent Orders Number 275-28, Headquarters, 4th Brigade Combat Team, Baghdad, Iraq, dated 2 October 2005, awarded him the Army Commendation Medal for the period 29 January 2005 to 15 January 2006.  The record does not contain additional Army Commendation Medal orders.

4.  On 13 January 2007, he was released from active duty under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations) and transferred to the U.S. Army Reserve.  He completed 3 years of creditable military service with no lost time and held the rank of specialist (SPC).

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows: 

* Army Commendation Medal 
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Action Badge

6.  There are no orders or other documentation to show he was awarded the Bronze Star Medal with "V" device, Purple Heart, Army Achievement Medal, or Army Good Conduct Medal.

7.  The applicant was awarded the Army Reserve Components Achievement Medal effective 31 March 2010 and completed the Warrior Leaders Course on 
4 September 2010.



8.  The record does not show any record of adverse action or lost time.

9.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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 n 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.  

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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.

11.  Army Regulation 600-8-22 states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  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.  

13.  Army Regulation 635-5 (Separation Documents) prescribes that separation documents be 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 the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.

14.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary 


concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to show he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he was promoted to specialist, had no indiscipline or lost time and does not contain any adverse information.  Therefore, the preponderance of the evidence shows he should be awarded the Army Good Conduct Medal (First Award) for the period 14 January 2004 to 13 January 2007 and to have this medal included on his DD Form 214.

2.  The record is void of any documentation showing he was recommended for or awarded the Bronze Star Medal with "V" device.  The governing Army regulation states for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to award him the Bronze Star Medal with "V" device.

3.  There is no evidence to show he was awarded an Army Commendation Medal (2nd Award) or Army Achievement Medal.  One Army Commendation Medal is already listed on his DD Form 214.

4.  Army policy specifically states award of decorations including the Bronze Star Medal, Army Commendation Medal, and Army Achievement Medal will be announced in permanent orders.  Without these permanent orders, correction to 


a Soldier's record cannot be accomplished.  Therefore, there is insufficient evidence to correct his DD Form 214 to show these awards.

5.  If in fact the applicant was never awarded the Bronze Star Medal with "V" device, Army Commendation Medal (2nd Award), or Army Achievement Medal, while the available evidence is insufficient for awarding them this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

6.  He provided no evidence and the record contains no evidence to show he was wounded or injured as a result of hostile action during his period of military service.  Absent corroborating evidence, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

7.  The applicant was awarded the Army Reserve Components Achievement Medal and completed the Warrior Leaders Course after he was released from active duty; therefore, it would not be appropriate to correct his DD Form 214 to show either item. 

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 awarding him the Army Good Conduct Medal for the period 14 January 2004 to 13 January 2007 and adding this award to his 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 correcting his DD Form 214 to show: 

* Bronze Star Medal with "V" device
* Purple Heart
* Army Achievement Medal
* Army Commendation Medal (2nd Award)
* Army Reserve Components Achievement Medal
* Warrior Leaders Course




      _______ _   __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)                                         AR20100028165





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ABCMR Record of Proceedings (cont)                                         AR20100028165



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