IN THE CASE OF:	  

		BOARD DATE:  31 July 2012

		DOCKET NUMBER:  AR20120000755 


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 records to show award of the Purple Heart and Combat Action Ribbon.

2.  The applicant states:

* he was injured while in Iraq
* the unit to which he was assigned received the awards but all the attacked Soldiers did not
* he did not pursue the issue earlier due to his post-traumatic stress disorder 

3.  The applicant provides self-authored statements and a 120-minute digital video disc (DVD).

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 Mississippi Army National Guard (MSARNG) on 31 August 1991.  He completed training and was awarded military occupational specialty 19D (Cavalry Scout).  The highest rank/grade he attained while on active duty was specialist/E-4.

3.  Orders 209-529, Mississippi Military Department, The Adjutant General's Office, Jackson, MS, dated 27 July 2004, ordered the applicant to active duty effective 17 August 2004 for a period not to exceed 545 days in support of Operation Iraqi Freedom.

4.  Permanent Orders 334-102, Headquarters, Multi-National Corps Iraq, Baghdad, Iraq, dated 30 November 2005, awarded the applicant the Combat Action Badge.

5.  The applicant's medical records are unavailable and he does not provide copies of them showing any injuries incurred as a result of hostile action.

6.  On 21 January 2006, the applicant was released from active duty.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the following:

* he served in Kuwait/Iraq during the period 10 January 2005 to 27 December 2005
* does not show award the Purple Heart or the Combat Action Ribbon

7.  On 26 June 2006, the applicant was honorably discharged from the MSARNG and transferred to the U.S. Army Reserve Control Group (Reinforcement).

8.  The applicant provides self-authored statements and a DVD which appears to be 2 hours of coverage of a small military envoy in Iraq.  The DVD does not show the actual improvised explosive device (IED) explosion or damage caused.  Unknown and unidentified members involved in the explosion are recorded saying, in effect, the following:

* everyone was ok and no one had any injuries
* there was a lot of noise and a lot of dust  
* there were no fragments in the vehicle 
* there was no tire damage
* the bomb was buried too deep

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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:

10.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  An individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and the Combat Action Ribbon were carefully considered and determined to have partial merit.

2.  Although the applicant provided a DVD with an IED explosion in the background, there is insufficient evidence identifying the date, time, and individuals allegedly injured.

3.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

4.  Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart.

5.  Permanent orders awarded the applicant the Combat Action Badge; therefore, he is entitled to correction of his DD Form 214 to show this award.  The Combat Action Ribbon is a Navy/Marine Corps award; he is not entitled to this award.



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 Combat Action Badge to his DD Form 214.

2.  The Board further determined 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 award of the Purple Heart and Combat Action Ribbon.


      
      
      __________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.



Applicant's DVD is in the red weld due to size.
ABCMR Record of Proceedings (cont)                                         AR20120000755



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ABCMR Record of Proceedings (cont)                                         AR20120000755



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