IN THE CASE OF:	  

		BOARD DATE:  18 October 2012

		DOCKET NUMBER:  AR20120007362 


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 award of the Purple Heart and Combat Infantryman Badge.  

2.  The applicant states:

* While he was with the 2nd Battalion, 18th Infantry Regiment, 24th Infantry Division, he was part of a rapid deployment force
* During Operation Vigilant Warrior while performing duties as an infantryman, he was involved in combat
* He was never notified of his eligibility for the Combat Infantryman Badge
* He also has traumatic brain injury (TBI) that resulted in a period of unconsciousness, bleeding from the ears, tinnitus, and headaches
* He understand that TBI now qualifies for award of the Purple Heart

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 2A (Personnel Qualification Record)
* Orders for award of the Army Good Conduct Medal
* Recommendation for the Driver Badge

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's records show he enlisted in the Regular Army on 1 July 1992. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  He was assigned to Company A, 2nd Battalion, 18th Infantry, 3rd Brigade, 24th Infantry Division, Fort Stewart, GA.  There is no indication in his records that he served in an imminent danger pay/hazardous fire pay (IDP/HFP) area.

4.  He was honorably released from active duty on 20 October 1994 and transferred to the U.S. Army Reserve to complete his remaining service obligation.

5.  His DD Form 214 does not show the requested awards.  

6.  According to the official website of the U.S. Army Center of Military History, Operation Vigilant Warrior was a military operation from 8 October 1994 to 15 December 1994 by the United States in response to two divisions of Iraqi troops moving toward the Kuwait border.  A quick response by the President of the United States allowed the U.S. Air Force Central command and staff to deploy to Saudi Arabia.  This was augmented by a U.S. Marine Corps Expeditionary Force and two brigades from the 24th Infantry Division, including the 3rd Brigade.  Iraq recalled its ground forces.  With no remaining need for the Marine unit, retrograde began within a few days and the unit departed from Dhahran, Saudi Arabia, on 5 November 1994.

7.  There is no indication in the applicant's records that he was wounded or injured as a result of hostile action.  Additionally, his service medical records, which would have confirmed a combat injury and treatment, are not available for review with this case.  

8.  There is no indication in the applicant's records that shows he was recommended for or awarded the Combat Infantryman Badge.  
9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  the Combat Infantryman Badge is authorized for award for several qualifying wars, conflicts, and operations, including Operation Desert Storm.  There are basically three requirements for award of the Combat Infantryman Badge.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Purple Heart:

	a.  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.

	b.  Notwithstanding the applicant's sincerity, there is no evidence in his official records and he provides none to show he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart.

2.  With respect to the Combat Infantryman Badge:

	a.  There are three requirements for award of the Combat Infantryman Badge: 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.  In this case, the applicant's infantry MOS and his assignment to an infantry unit are not in question.  However, there is no evidence in his records and he provides none to show he was actively present while the infantry unit engaged in active ground combat.  

	c.  Notwithstanding his sincerity, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when the unit was engaged in active ground combat and that he actively participated in such ground combat, there is insufficient evidence upon which to support awarding him the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X __  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20120007362



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ABCMR Record of Proceedings (cont)                                         AR20120007362



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