IN THE CASE OF:

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20120000189 


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, in effect, award of two Purple Hearts and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show these awards and any other awards he is entitled to.

2.  The applicant states he spent 2 years at Walter Reed Army Medical Center for combat-related injuries.  He had a head injury (mortar blast/traumatic brain injury (TBI)) and he has some memory of his Purple Hearts being awarded and other awards.  He tried to follow up after returning home and he received a denial through Senator Harry Reid's office stating there were no records found besides a training accident.

3.  The applicant provides:

* His DD Form 214 for the period ending 27 April 2008
* His DD Form 214 for the period ending 2 July 1994
* Department of Veterans Affairs (VA) Rating Decision, dated 9 March 2011

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records 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 two Purple Hearts and correction of his
DD Form 214 to show these awards.  Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states in Section II, paragraph 2-5, that the Board will not consider any 
application if it determines the applicant has not exhausted all administrative remedies available to him/her to correct the alleged error or injustice. Furthermore, Army Regulation 600-8-22 (Military Awards), paragraph 2-8 (Purple Heart), provides, 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 (USAHRC).  The applicant has been advised by separate correspondence of the application process to USAHRC.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3.  Having prior Regular Army active service, on 28 March 2005, the applicant, a U.S. Army Reserve (USAR) Soldier, was order to active duty in support of Operation Iraqi Freedom (OIF).  He held military occupational specialty (MOS) 37F (Psychological Operations Specialist).

4.  Records show the applicant served in Iraq from 1 May 2005 through 5 April 2006.

5.  Orders A-06-61684, issued by USAHRC, dated 30 June 2006, retained the applicant on active duty for a period of 179 days for the purpose of voluntarily participating in the Reserve Component medical holdover medical retention processing program for completion of medical care and treatment.  These orders were later amended to extend his retention on active duty period.

6.  On 14 March 2008, an informal Physical Evaluation Board (PEB) convened to determine if the applicant's medical condition prevented his satisfactory performance of duty in his grade and specialty.  He was diagnosed with Posttraumatic Stress Disorder (PTSD) and intervertebral disc syndrome of the neck with a combined rating of 40 percent (%).  The PEB determined that based on disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in line of duty during a period of war as defined by law, the applicant should be placed on the temporary disability retired list (TDRL) with reexamination during April 2009.

7.  On 10 March 2008, the applicant concurred with the findings and recommendation of the board and waived a formal hearing of his case.

8.  On 27 April 2008, the applicant was retired by reason of temporary disability as a sergeant (SGT)/E-5 and he was placed on the TDRL.  He completed
3 years and 21 days of net active service during the period with 4 years, 7 months, and 10 days of prior active service.  The DD Form 214 for this period of service shows he was awarded the:

* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon with Numeral "2"
* Armed Forces Reserve Medal with "M" Device
* Combat Action Badge
* Expert Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar

9.  On 15 June 2010, an informal TDRL PEB convened to determine the applicant's current medical condition.  He was diagnosed with PTSD, intervertebral disc syndrome of the neck, and migraine headaches with a combined rating of 40%.  It was determined he had not improved to the extent that he was fit for duty.  Therefore, the board recommended permanent disability retirement.

10.  On 18 June 2010, the applicant concurred with the findings and recommendation of the board and waived a formal hearing of his case.

11.  Orders D202-04, issued by the U.S. Army Physical Disability Agency (USAPDA), Washington, D.C., dated 22 July 2010, removed the applicant from the TDRL and placed him on the Retired List with a 40% disability rating.

12.  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 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 - 31 August 2010)
* New Dawn (1 September 2010 - 31 December 2011)

DISCUSSION AND CONCLUSIONS:

Evidence shows the applicant served in Iraq from 1 May 2005 through 5 April 2006.  Based on his service in Iraq he participated in two campaigns.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 for the period ending
27 April 2008 to show these bronze service stars.

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 is 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 


deleting from his DD Form 214 for the period ending 27 April 2008 the Iraq Campaign Medal and replacing it with the Iraq Campaign Medal with two bronze service stars.



      ___________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)                                         AR20100000172



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ABCMR Record of Proceedings (cont)                                         AR20120000189



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