IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110018589
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 award of the Purple Heart. He also requests correction of his DD Form 214 (Correction of Release or Discharge from Active Duty) to show his award of the Meritorious Service Medal.
2. He states his Meritorious Service Medal was mailed to him after he returned. Regarding the Purple Heart, he states he was blown off of a Bradley tank and he was injured. The line of duty investigation was completed on 4 August 2008.
3. He provides:
* his DD Form 214
* a DA Form 638 (Recommendation for Award)
* a Memorandum for Record, subject: CTT (Common Task Test) Qualification
* Certificate of Training for completing the Civil Affairs MOS-T Course, Phase I and II
* a Certificate of Promotion to sergeant (SGT)/E-5
* a memorandum, subject: Signature Authority
* a DA Form 2173 (Statement of Medical Examination and Duty Status)
* various medical record documents
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant requested award of the Purple Heart. However, there is no evidence that shows he has exhausted all administrative remedies available to him. The applicant has been advised by separate correspondence that he may submit an application to the U.S. Army Human Resources Command, Fort Knox, KY for consideration. Therefore, this portion of his request will not be discussed further in these Proceedings.
3. The applicant enlisted in the Regular Army on 31 January 2002. He completed training and he was awarded military occupational specialty (MOS) 11B (infantryman). He was honorably released from active duty on 30 January 2005 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years of creditable active service during this period. The DD Form 214 he was issued at the time shows he served in Iraq from 10 May 2003 to 4 July 2004.
4. On 9 October 2007, he was ordered to active duty in support of Operation Iraqi Freedom (OIF). He served in Iraq from 1 February to 5 August 2008.
5. On 27 November 2008, he was honorably discharged by reason of disability with severance pay, combat-related. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued during this period of service does not show award of the Meritorious Service Medal.
6. The applicant provided a DA Form 638, dated 19 August 2008, that shows he was awarded the Meritorious Service Medal for meritorious service from
26 November 2007 to 8 November 2008 by Permanent Order Number 249-022, issued by Headquarters, Multi-National Corps Iraq, dated 7 September 2008.
7. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of 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 the Iraqi Surge (10 January 2007-31 December 2008).
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Meritorious Service Medal for the period 26 November 2007 to 8 November 2008. Therefore, his DD Form 214 for the period ending 27 November 2008 should be corrected to show this award.
2. Records show the applicant served during one campaign period during his service in Iraq from 1 February to 5 August 2008. Therefore, he is entitled to one bronze service star for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 to show this bronze service star.
BOARD VOTE:
____X___ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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. deleting from item 13 of his DD Form 214 for the period ending 27 November 2008 the Iraq Campaign Medal, and
b. adding to item 13 of his DD Form 214 for the period ending
27 November 2008 the:
* Meritorious Service Medal
* Iraq Campaign Medal with one bronze service star
_______ _ 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) AR20110018589
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ABCMR Record of Proceedings (cont) AR20110018589
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