IN THE CASE OF:	  

		BOARD DATE:  15 May 2012

		DOCKET NUMBER:  AR20110022276 


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 that he be awarded the Combat Infantryman Badge (CIB) and the Purple Heart and that all of his awards, including the 3d Infantry Division Combat Patch and his award of the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of release or Discharge from Active Duty).

2.  The applicant states that he earned these awards while serving as an infantryman in an infantry unit in combat and they were never added to his 
DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of his award of the Army Achievement Medal (AAM), and a print-out of the criteria for award of the CIB. 

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 enlisted in the Regular Army on 7 November 2001 for a period of 3 years, training as an infantryman and assignment to Fort Benning, Georgia.  He completed his one-station unit training at Fort Benning and remained there for his first and only assignment.

3.  Information received from Defense Finance and Accounting Service (DFAS) indicates that he deployed to Kuwait from 20020520-20021130  and 20030111-20030220.

4.  His official records show that he was awarded the AAM for meritorious service in Kuwait as a heavy wheel vehicle operator during the period of 18 May through 30 November 2002 while assigned to Headquarters and Headquarters Company, 1st Battalion, 15th Infantry Regiment.

5.  On 28 April 2005 he was honorably discharged by reason of physical disability (10%) with severance pay.  He had served 3 years, 5 months and 22 days of active service.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Presidential Unit Citation, National Defense Service Medal, Armed Forces Expeditionary Medal and the Army Service Ribbon.  His DD Form 214 does not reflect his service in Kuwait.

6.  A review of his official records failed to show any indication that he was awarded the Purple Heart or the CIB.  Additionally, there is no evidence to show that he has exhausted his administrative remedies by applying to the Military Awards Branch, Commander, US Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122 for those awards.  Accordingly, the awards of the Purple Heart and the CIB will not be further discussed in these proceedings

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) 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 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service (SSI-FWTS), commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to have merit.  The applicant deployed to Kuwait from 20020520-20021130 and 20030111-20030220.  Accordingly, his deployment to Kuwait should be reflected on his 
DD Form 214.

2.  The applicant was awarded the AAM for his service in Kuwait during his first tour and that award should be as added to his DD Form 214 at this time as well.

3.  The applicant’s contention that his combat patch (SSI-FWTS) should be added to his DD Form 214 has been noted and found to lack merit.  The combat patch is a uniform item and is not authorized for entry on the DD Form 214.  Accordingly, there is no basis to add it 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 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:

* adding the award of the AAM to block 13 of his DD Form 214
* adding the entry "SERVICE IN KUWAIT FROM 20020520-20021130 AND 20030111-20030220" to block 18 of his DD Form 214

2.  The Board further determined that 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 adding the SSI-FWTS to his DD Form 214.

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)                                         AR20110022276





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ABCMR Record of Proceedings (cont)                                         AR20110022276



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