IN THE CASE OF:	  

		BOARD DATE:	  9 February 2012

		DOCKET NUMBER:  AR20110014352 


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 upgrade of his general discharge to an honorable discharge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation, Meritorious Service Medal, Purple Heart, and Combat Action Badge or Combat Infantryman Badge.  

2.  He makes no statement in regard to the request for upgrade of his discharge.  He states he previously requested that the military records center add the awards to his DD Form 214. 

3.  He provides no additional documentary evidence in support of this 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.  There is no indication the applicant has applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.  Therefore, this portion of his request has been referred to the ADRB and will not be further discussed in these proceedings.

3.  The ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any request until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Therefore, this issue will not be discussed further in these proceedings. 

4.  The applicant's military records show he enlisted in the Regular Army on 22 August 2003.  He completed training and was awarded the military occupational specialty of 13B (cannon crewmember).  The highest pay grade he held was pay grade E-4.  He was assigned to the 2d Battalion, 15th Field Artillery Regiment.

5.  His DD Form 214 shows he was given a general discharge under honorable conditions on 21 November 2005.  He completed 2 years and 3 months of active military service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Service Medal, and Iraq Campaign Medal.  This form further shows he served in Kuwait/Iraq during the period 16 June 2004 to 18 June 2005.

7.  The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Meritorious Service Medal, Purple Heart, or Combat Infantryman Badge by proper authority.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  As with all 


personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

	b.  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.
 
	c.  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.

9.  The HRC Awards website shows the 2d Battalion, 15th Field Artillery Regiment, was awarded the Meritorious Unit Commendation for the period 17 June 2004 - 18 June 2005.  The website shows the Department of the Army General Orders are pending.

10.  Title 10 of the U.S. Code, section 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.

11.  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 the applicant was wounded while in action against an enemy or as a result of hostile action and that he received medical treatment by medical personnel for such a wound.  As such, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case, and there is an insufficient basis for granting the applicant's requested relief.

2.  By regulation, in order to support award of the Combat Infantryman Badge, a member must have served in an infantry MOS while assigned to an infantry unit.  There is no evidence in the available records that he held an infantry MOS.  He held a field artillery MOS.  Therefore, there is no evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

3.  While the available evidence is insufficient for awarding him the Meritorious Service Medal, this in no way affects his right to pursue his claim for the Meritorious Service Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  His unit was awarded the Meritorious Unit Commendation during the period he was assigned to the unit.  Therefore, this award should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by adding the Meritorious Unit Commendation to his DD Form 214.

2.  The Board further determined 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 awarding him the Meritorious Service Medal, the Purple Heart, and the Combat Infantryman Badge.




      _______ _   _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)                                         AR20110014352



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014352



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1