IN THE CASE OF:	  

		BOARD DATE:  28 February 2012

		DOCKET NUMBER:  AR20110016771 


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 he is authorized the Purple Heart and to credit him with his foreign service time.  He also requests upgrade of his general discharge to an honorable discharge.

2.  The applicant states:

* he was injured in an improvised explosive device (IED) attack
* he received shrapnel to his left hand when he was deployed to Iraq
* he deployed to Iraq in December 2006 and he returned in April 2008
* he was discharged because he was charged with a crime for which he was not convicted

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Army Regulation 15-185 (Army Board for Correction of Military Records), section II, paragraph 2-5, the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available.  There is no evidence he has exhausted his administrative remedies by petitioning the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations.  Therefore, his application will be forwarded to the ADRB for consideration and this portion of the applicant's request will not be discussed further in these Proceedings.

2.  The applicant enlisted in the Regular Army on 18 January 2006.  He completed training as an infantryman.

3.  On 24 July 2009, the applicant was separated with a general discharge.  The DD Form 214 he was issued at the time shows in:

	a.  Item 12f (Foreign Service) the entry "0000  00  00" indicating he did not complete any foreign service during his period of active service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Combat Infantryman Badge
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W (wheeled vehicle) Bar

4.  A review of the available records do not show orders were ever published awarding him the Purple Heart or that he was wounded as a result of hostile action by enemy forces while he was in the Army.

5.  The Army Human Resources Command (AHRC) Defense Casualty Information Processing System (DCIPS) does not contain a casualty report for the applicant.

6.  His record does contain a copy of a certificate showing he was awarded the Army Commendation Medal by Permanent Orders Number 326-17, issued by Headquarters, Brigade Combat Team, Fort Bragg, NC, for meritorious service as an M240B Machine Gunner in Delta Company, 1st Battalion, 504th Parachute Infantry Regiment at FOB Loyalty, Iraq, during Operation Iraqi Freedom (OIF) from 4 January 2007 to 4 April 2008, for a period of 1 year, 3 months, and 1 day.

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty (REFRAD) or discharge.  It states in:

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

	b.  Item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  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.

9.  Army Regulation 600-8-22 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 are:

* 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)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  There is no evidence in the available record, nor has the applicant submitted any evidence, showing his was wounded as a result of hostile action while he was in the Army or that orders were published awarding him the Purple Heart.  The AHRC DCIPS does not contain a casualty report for the applicant. Therefore, there is an insufficient evidentiary basis for granting this portion of his requested relief.

3.  Although the available evidence does not support his contention that he was in Iraq in December 2006, his Army Commendation Medal Certificate shows he was deployed to Iraq in support of OIF from 4 January 2007 to 4 April 2008.

4.  The available record shows he is also authorized the Iraq Campaign Medal with two bronze service stars based on his service in Iraq.  Therefore, his
DD Form 214 should be corrected accordingly.

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:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0001  03  01";

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20070104 - 20080404."

2.  The Board further determined that the evidence presented was 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 amending his DD Form 214 to show award of the Purple Heart.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are 

deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.


      _________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)                                         AR20110016771



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ABCMR Record of Proceedings (cont)                                         AR20110016771



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