IN THE CASE OF:	  

		BOARD DATE:  13 September 2012

		DOCKET NUMBER:  AR20120004987 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Purple Heart (PH) and Combat Infantryman Badge (CIB).

2.  The applicant states he believes the omission of his PH and CIB from his
DD Form 214 was an oversight.

3.  The applicant provides:

* his DD Forms 214 for the period ending 6 July 2007 and 15 December 2008
* Permanent Order 294-003, issued by Headquarters, 3rd Sustainment Command (Expeditionary), Joint Base Balad, Iraq, dated 20 October 2008

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 Indiana Army National Guard (INARNG) on 
26 February 2007, and held the military occupational specialty 11B (Infantryman).  The highest rank/grade he attained was specialist (SPC)/E-4.

3.  His record contains Orders Number 336-136, issued by Joint Forces Headquarters Indiana, Indianapolis, IN, dated 2 December 2007, directing the applicant to report to his mobilization station at Camp Atterbury, IN on 13 December 2007 for the purpose of mobilization in support of Operation Iraqi Freedom (OIF).

4.  Permanent Order 294-003, dated 20 October 2008, awarded him the PH for wounds received as a result of hostile enemy action on 7 September 2008.

5.  The specific facts and circumstances surrounding the injury he received that resulted in his award of the PH are not available for review.

6.  There is no evidence of record and he did not provide any evidence that shows he was recommended for or awarded the CIB.

7.  There is no evidence of any derogatory information or disciplinary actions taken against the applicant during his period of active Federal service.

8.  He was honorably released from active duty on 15 December 2008 at the completion of required active service.  He completed 1 year and 8 days of net active service this period of which 8 months and 19 days was credited as foreign service in Kuwait/Iraq from 7 March 2008 to 25 November 2008.  The DD Form 214 he was issued during this period of service shows award of the:

* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Driver and Mechanic Badge with Driver-W Bar

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.   The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

10.  In a message, dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command (HRC), provided clarification on award of the AGCM.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the AGCM begins and the Army RC Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the PH.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he was ordered to active duty in accordance Title 10, U.S. Code and he completed more than 1 year of active Federal service. Additionally, there is no record of any derogatory information or disciplinary actions in his military record that would tend to disqualify him being awarded the first award of the AGCM.  Therefore, he is entitled award of the AGCM
(1st Award) for the period 10 December 2007 through 15 December 2008 and correction of his DD Form 214 to show this award.

3.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

4.  The applicant's infantry MOS and his assignment to an infantry unit during his service in Iraq are not in question.  Additionally, he was awarded the PH for wounds he received as a result of hostile enemy action.  Unfortunately, the specific facts and circumstances surrounding his injury were not available for review and there is no evidence, nor has he provided evidence, to show he received the wounds while he and his unit were under hostile fire and actively engaged in ground combat.

5.  In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, or any other evidence that conclusively shows he actively participated in ground combat, regrettably, there is an insufficient evidentiary basis for granting this portion of his request.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
10 December 2007 to 15 December, and

	b.  adding to his DD Form 214 for the period ending on 15 December 2008 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)

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 Combat Infantryman Badge to his DD Form 214.



      __________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)                                         AR20120004987



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ABCMR Record of Proceedings (cont)                                         AR20120004987



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