IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110021364 


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 and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal and the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

2.  The applicant states he received two Army Commendation Medals but the awards are not shown on his DD Form 214.  He also believes he is entitled to the Purple Heart because he suffered more than a mild traumatic brain injury from a roadside bomb while in Iraq as reflected in Department of Veterans Affairs (VA) medical records.

3.  The applicant provides a DD Form 214, two DA Forms 638 (Recommendation for Award), DA Form 2173 (Statement of Medical Examination and Duty Status), VA Rating Decision), and a Chronological Record of Medical Care.

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 is requesting to be awarded the Purple Heart for injuries sustained while serving in Iraq; however, there is no evidence he has exhausted all administrative remedies by submitting his request to the awards branch of the U.S. Army Human Resources Command.  This is an administrative remedy available to him that must be exhausted prior to the Board adjudicating his case. As a result, his request for award of the Purple Heart will not be discussed further in this Record of Proceedings.  The applicant has been notified by separate correspondence of the disposition of his request.

3.  The applicant was ordered to active duty in support of Operation Iraqi Freedom as a member of the Arkansas Army National Guard (ARARNG) and entered active duty on 12 October 2003.

4.  A DA Form 638, dated in 2004, shows he was awarded the Army Commendation Medal for meritorious service during the period 14 April - 7 July 2004 by 39th Brigade Combat Team (BCT) Permanent Orders Number 198-07, dated 16 July 2004.

5.  A second DA Form 638, dated in 2005, shows he was awarded a second Army Commendation Medal for meritorious service during the period 8 July to
15 November 2004 by 39th BCT Permanent Orders Number 002-09, dated 
2 January 2005.

6.  A memorandum from the ARARNG, dated 10 January 2005, shows he was awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for service during the period 27 March 2004 - 30 April 2005.

7.  On 16 April 2005, he was released from active duty based on completion of required active service.  His DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal

8.  His DD Form 214 also shows he received imminent danger pay from 27 March 2004 through 20 March 2005 for service in Iraq.
9.  Military Department of Arkansas, Office of the Adjutant General, Permanent Orders Number 340-35, dated 6 December 2005, awarded him the Combat Action Badge for service during the period 27 March 2004 - 20 March 2005.

10.  A memorandum from the Headquarters (HQ), 39th BCT, dated 8 November 2006, shows he was awarded the Overseas Service Ribbon for service during the period 27 March 2004 - 21 March 2005.

11.  A second memorandum from the HQ, 39th BCT, dated 15 November 2006, shows he was awarded the Joint Meritorious Unit Award for service during the period 6 April - 14 May 2004.

12.  He was discharged from the Army National Guard on 25 January 2007 and from the U.S. Army Reserve on 27 January 2009.

13.  Army Regulation 600-8-22 (Military Awards) states:

	a.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	b.  A bronze service star is authorized for wear with the Iraq Campaign 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 contention that his DD Form should be corrected to show two awards of the Army Commendation Medal has been carefully reviewed.  

2.  Two DA Forms 638 indicate that permanent orders were published awarding the applicant two awards of the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.
3.  The evidence also shows he was awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal; however, he participated in two campaign phases (Transition of Iraq and Iraqi Governance) during his tour in Iraq.  Therefore, he is entitled to correction of his DD Form 214 by deleting the Global War on Terrorism Expeditionary Medal and adding the Iraq Campaign Medal with two bronze service stars.

4.  The evidence further shows he was awarded the Combat Action Badge, Overseas Service Ribbon, and the Joint Meritorious Unit Award for service during the period covered by his DD Form 214.  However, he received these awards after his DD Form 214 had been issued and as result, they were not included on the DD Form 214.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.

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 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 the Global War on Terrorism Expeditionary Medal from his DD Form 214 and 

	b. adding the following awards to his DD Form 214 –

* Army Commendation Medal (2nd Award)
* Iraq Campaign Medal with two bronze service stars
* Combat Action Badge
* 
Overseas Service Ribbon
* Joint Meritorious Unit Award



      _____________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)                                         AR20110021364



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ABCMR Record of Proceedings (cont)                                         AR20110021364



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