IN THE CASE OF:	  

		BOARD DATE:  9 October 2012

		DOCKET NUMBER:  AR20120006659 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, Combat Action Badge, and unit citations.

2.  He states the requested medals were left off his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* Orders

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 22 August 2002.

3.  Permanent Orders Number 268-06, issued by Headquarters, First Cavalry Division, Camp AL-Tahreer, on 23 September 2004, show he was awarded the Purple Heart for wounds received as a result of hostile enemy action on 18 September 2004.  His unit of assignment was listed as C Battery,
4th Battalion, 5th Air Defense Artillery.

4.  He was honorably discharged from active duty on 12 April 2006 by reason of disability with severance pay.  His DD Form 214 shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.  His DD Form 214 does not show award of the Combat Action Badge.

5.  Item 8 (Last Major Assignment and Major Command) of his DD Form 214 shows he was assigned to Battery C, 4th Battalion, 5th Air Defense Artillery, and Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 8 March 2004 to 4 March 2005.

6.  Permanent Orders Number 263-11, issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 18 September 2008, show Battery C, 4th Battalion, 5th Air Defense Artillery, was awarded the Valorous Unit Award for extraordinary heroism from 7 April to 11 April 2004. 

7.  With respect to the Combat Action Badge:

	a.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  

	b.  There is no evidence that the applicant was awarded or submitted an application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and was denied relief for this award.

	c.  The Combat Action Badge may be requested by letter and must contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's Officer or Enlisted Record Brief
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* any other supporting documentation

8.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

9.  His record contains Permanent Order Number 144-39, issued by Headquarters, 4th Battalion, 5th Air Defense Artillery, Fort Hood, TX, dated 24 May 2005, which shows he was awarded the Tracked Vehicle Driver Badge for his performance as the assigned driver for a minimum of 12 consecutive months and no Army motor vehicle accidents or violations.  

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. 

11.  According to the Awards Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the Purple Heart for wounds received on 18 September 2004.  Therefore, his DD Form 214 should be corrected to show this award.
2.  There is no evidence the applicant was awarded the CAB and therefore he is not entitled to have his DD Form 214 corrected to show this award at this time.  If he has orders for the CAB, he may apply for reconsideration with a copy of those orders.  If in fact he has not been awarded the CAB, he should follow the procedures outlined above to request the award.

3.  Permanent orders show the applicant was awarded the Tracked Vehicle Driver Badge.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Permanent orders show Battery C, 4th Battalion, 5th Air Defense Artillery, during the period the applicant was assigned, was awarded the Valorous Unit Award.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

5.  The applicant completed nearly 12 months of foreign service in Iraq.  Therefore, he served a qualifying period of service for award of the Overseas Service Ribbon and should have his DD Form 214 corrected to show 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 the evidence presented is 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 Purple Heart, Overseas Service Ribbon, Tracked Vehicle Driver Badge, and Valorous Unit Award to 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 correction of his
DD Form 214 to show award of the Combat Action Badge.



      __________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)                                         AR20120006659





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ABCMR Record of Proceedings (cont)                                         AR20120006659



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