IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010094 


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 that his DD Form 214 (Certificate of Release or Discharge from Active) be corrected to show that he was awarded the Purple Heart, the Combat Infantryman Badge (CIB), the Army Commendation Medal, any other awards to which he is entitled, and that he is a high school graduate.  

2.  The applicant states that his DD Form 214 does not reflect his awards of the Purple Heart, the Combat Infantryman Badge (CIB), the Army Commendation Medal, any other awards to which he is entitled and that he is a high school graduate.  He further states that he was a high school graduate when he enlisted and he believes the omissions were the result of his being evacuated from Iraq.

3.  The applicant provides no additional documents with his application.

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 1 October 2002 for a period of 3 years, training as an infantryman, a cash enlistment bonus, and assignment to Fort Hood, Texas.  His enlistment contract reflects that he was a high school graduate and a copy of his diploma is attached as a supporting document.  He completed his one-station unit training at Fort Benning, Georgia and was transferred to Fort Hood for his first duty assignment.

3.  The applicant was assigned to A Company, 2d Battalion, 5th Cavalry Regiment, 1st Cavalry Division and deployed to Iraq with his unit on 11 March 2004.

4.  On 4 April 2004, he was wounded as a result of enemy action and on 14 April 2004, he was awarded the Purple Heart in Permanent Orders Number 105-14 issued by Headquarters, 1st Cavalry Division.

5.  On 19 May 2004, after serving 2 months and 9 days in Iraq, the applicant was medically evacuated from Iraq.

6.  On 25 June 2004 the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 5-17, for a physical condition, not a disability.

7.  He was honorably discharged on 13 August 2004 and his DD Form 214 issued at the time of his discharge shows that he was awarded the Global War on Terrorism Service Medal, the National Defense Service Medal, and the Army Service Ribbon.  It also reflects in block 15b that he was not a high school graduate.

8.  A review of his official records failed to show that the applicant was awarded the CIB or the ARCOM.

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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 Iraq Campaign Medal 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.  A bronze service star is authorized for
wear with this medal for participation in each credited campaign.  Approved
campaigns include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

10.  Army Regulation 600-8-22 states 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. 

11.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents 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 that for:

	a.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  block 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.

	c.  block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 incorrectly reflects he was not a high school graduate has been noted and found to have merit.  His official records contain a copy of his high school diploma as part of his enlistment contract.  Accordingly, his DD Form 214 should be corrected to show that he is a high school graduate.

2.  The applicant was awarded the Purple Heart for wounds received in action against the enemy on 4 April 2004 and it was omitted from his DD Form 214.  Accordingly, it should be added at this time.

3.  The applicant was serving as an infantryman in an infantry unit at the time he was wounded by enemy action.  Accordingly, he is entitled to be awarded the CIB effective 4 April 2004 and to have it added to his DD Form 214.

4.  The applicant served during a qualifying period for award of the ICM with one bronze service star.  Accordingly, it should be awarded at this time and added to his DD Form 214.

5.  The applicant served in Iraq from 20040311 to 20040519 for a period of 2 months and 9 days.  Accordingly, the entry “Service in Iraq from 20040311 - 20040519” should be entered in block 18 and the entry “0000  02  09” entered in block 12f. 

6.  The applicant has not provided sufficient evidence to support his contention that he was awarded the ARCOM.  Accordingly, there is no basis to add it to his DD Form 214 at this time.

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 the entry 0000  00  00 in block 12f of his DD Form 214
* Entering the entry 0000  02  09 in block 12f of his DD Form 214
* Adding the award of the Purple Heart to his DD Form 214
* Awarding him the CIB effective 4 April 2004 and adding it to his
DD Form 214
* Adding the ICM with one bronze service star to his DD Form 214
* Deleting the “No” entry in block 15b of his DD Form 214
* Entering a “Yes” entry in block 15b of his DD Form 214
* Entering the entry “Service in Iraq from 20040311 - 20040519” in block 18 of 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 to adding the award of the ARCOM 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)                                         AR20110010094



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ABCMR Record of Proceedings (cont)                                         AR20110010094



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