IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110011561 


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.

2.  The applicant states the Purple Heart was not awarded to him by request of his unit commander.  He further states he felt he was not eligible for the award due to the character of his discharge.

3.  The applicant provides:

* DD Form 214
* DD Form 490 (Verbatim Record of Trial)
* Enlisted Record Brief
* character statements
* newspaper article from Fayetteville Online
* numerous medical treatment records, orders, and awards

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 16 November 2000.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).

2.  On 12 September 2008, the applicant was discharged by reason of court-martial under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 3.  His DD Form 214 shows he completed 7 years, 7 months, and 22 days of active service during this period.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas for a cumulative total of 2 years, 9 months, and 23 days.  Item 18 (Remarks) of this form does not show the applicant served in support of Operation Iraqi Freedom.

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

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge

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

6.  His records contain a copy of Medical Command Test Form 1381 (Theater Medical Registry Record) which shows the applicant was wounded in the right leg by the enemy on 20 November 2005.  A Patient Movement Request, dated 22 November 2005, states, "28-year old Soldier injured with fragment wounds to right medial leg distal to knee on 20 November 2005.  He was initially managed at level II with washouts on 20 and 22 November 2005.  Sent to Ibn Sina Hospital for evacuation.  He has no distal vascular compromise.  The right superficial peroneal nerve sensory distribution is anesthetic."

7.  His records contain numerous copies of Standard Forms 600 (Chronological Record of Medical Care) which indicate treatment for a right-calf shrapnel injury.

8.  The applicant's DD Form 490 includes sworn testimony from his platoon leader who served in combat with the applicant in Iraq in 2005.  The officer states the applicant was his radio telephone operator and was injured by the backblast of an AT-4 [anti-tank weapon] while engaged in a firefight with insurgents north of Al Husayba.

9.  His records contain Permanent Order Number 016-71, dated 16 September 2006, awarding him the Army Commendation Medal for meritorious service while deployed to Iraq in support of Operation Iraqi Freedom for the period 6 September 2005 through 15 January 2006.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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 Iraq Campaign Medal is awarded to individuals who served in direct support of Operation Iraqi Freedom.  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 Operation Iraqi Freedom.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 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.  Only one award of this medal may be authorized for any individual and under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

12.  Department of the Army Military Personnel Message 08-123 issued on 30 April 2008 provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Iraq Campaign Medal.  This message shows that during the applicant's tour of duty in Iraq participation credit was awarded for two campaigns – Iraqi Governance (29 June 2004-15 December 2005) and National Resolution (16 December 2005-9 January 2007).

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states:

	a.  the total amount of foreign service completed during the Soldier's continuous period of active service will be entered as "YYYY  MM  DD" in item 12f of the form;

	b.  all decorations, badges, citations, and campaign ribbons awarded or authorized for all periods of service should be entered in item 13 of the form; and

	c.  for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Purple Heart has been carefully considered and found to have merit.

2.  The evidence shows the applicant sustained injuries as a result of hostile action.  His injuries required treatment by military medical personnel and the medical treatment was made a matter of official record.

3.  The applicant's DD Form 490 and medical treatment records confirm the events of the incident during which the applicant sustained combat-related injuries, that the injuries were incurred in the line of duty during a period of war, and his receipt of medical treatment.

4.  The evidence fulfills all of the prescribed regulatory criteria and is sufficient to base award of the Purple Heart in this case.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart for wounds sustained as the result of hostile action on 20 November 2005 while serving in Iraq.

5.  The applicant's records contain Permanent Order Number 016-71, dated 16 September 2006, awarding him the Army Commendation Medal for meritorious service while deployed to Iraq in support of Operation Iraqi Freedom for the period 6 September 2005 through 15 January 2006.  Therefore, he is entitled to have this period of foreign service shown in item 18 of his DD Form 214.

6.  The evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and he participated in two campaigns.  Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with two bronze service stars.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 sustained as the result of hostile action on 20 November 2005 while serving in Iraq,

	b.  adding the Purple Heart and Iraq Campaign Medal with two bronze service stars to item 24 of his DD Form 214, and

   d.  adding the entry "SERVICE IN IRAQ FROM 20050906-20060215" to item 18 of 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)                                         AR20110011561



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ABCMR Record of Proceedings (cont)                                         AR20110011561



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