IN THE CASE OF:	  

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110020964 


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 (Certificate of Release or Discharge from Active Duty) to show his award of the Combat Action Badge.

2.  He states he had a traumatic brain injury (TBI) that occurred in Iraq on
16 August 2004.  He maintains that as a result of the combat-related TBI, he is entitled to the Purple Heart.

3.  He provides:

* a self-authored statement, dated 11 October 2011
* his DD Form 214 for the period ending 24 April 2005
* Permanent Order 135-19, dated 15 May 2006
* a Department of Veterans Affairs Rating Decision, dated 15 September 2010
* a Health Record – Chronological Record of Medical Care document, dated 18 August 2004

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 requested award of the Purple Heart for a TBI that occurred in Iraq on 16 August 2004.  Army Directive 2011-07 (Awarding of the Purple Heart), issued on 18 March 2011 provides clarifying guidance to ensure uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for TBI/concussions. As a result, Army Regulation 600-8-22 (Military Awards), paragraph 2-8 (Purple Heart), was revised to provide that any member of the Army who believes they are eligible for the Purple Heart, but through unusual circumstances no award was made, may submit a request to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Drive, Fort Knox, KY  40122.  If the requestor has separated from the military, the application will include the following documentation pertaining to the wound and inflicting force:

* Request by letter or memorandum
* Deployment orders
* Enlisted Record Brief
* One-page narrative describing the qualifying incident and the conditions under which the Service member was injured or wounded
* Notarized statements from at least two individuals other than the proposed recipient who were personally present, observed the incident, and have direct knowledge of the event; alternatively, other official documentation may be used to corroborate the narrative
* Casualty report
* Standard Form (SF) 600 (Chronological Record of Medical Care)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

3.  Based on the preceding, the applicant must submit his request to HRC for review and possible administrative correction.  However, should the applicant's case not be resolved to his satisfaction, and he still feels that an error or injustice exists, he can resubmit his application for the Purple Heart to the ABCMR, including evidence of the denial of his request for administrative correction of his 

records.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  The applicant enlisted in the New Mexico Army National Guard (NMARNG) on
14 July 1992.  On 5 January 2004, he was ordered to active duty in support of Operation Iraqi Freedom (OIF).

5.  He was honorably released from active duty on 24 April 2005 and reverted to his NMARNG unit.  He completed 1 year, 3 months, and 20 days of creditable active service during this period.  Item 13 of his DD Form 214 shows the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Driver and Mechanic Badge with Driver "W" Bar

6.  Permanent Order 135-19, issued by the Military Department of Arkansas, Office of the Adjutant General, North Little Rock, AR, dated 15 May 2006, awarded the applicant the Combat Action Badge for the period 21 March 2004 to 26 March 2005, performing assigned duties in an area where hostile fire or imminent danger pay was authorized and was actively engaging the enemy or was actively engaged by the enemy.

7.  Permanent Orders 126-013, issued by the State of New Mexico, Department of Military Affairs, Santa Fe, MN, dated 6 May 2005, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 5 January 2004 through
28 March 2005.

DISCUSSION AND CONCLUSIONS:

Permanent orders awarded the applicant the Combat Action Badge and the Army Good Conduct Medal (1st Award).  Therefore, his DD Form 214 should be corrected to show these awards.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 the Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending 24 April 2005 the Army Good Conduct Medal (1st Award) and the Combat Action 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)                                         AR20110020964



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ABCMR Record of Proceedings (cont)                                         AR20110020964



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