IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20120021798 


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 Bronze Star Medal, Purple Heart, and Combat Infantryman Badge

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214, effective 21 May 2011
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), effective 21 May 2011
* Permanent Orders 268-002, dated 24 September 2008
* Purple Heart award certificate
* DA Form 638 (Recommendation for Award) for Bronze Star Medal and certificate
* Combat Infantryman Badge recommendation with allied documents

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Massachusetts Army National Guard (MAARNG) on 28 February 1985.

2.  His record shows he was ordered to active duty in support of Operation Enduring Freedom on 24 January 2008.  He was trained in and served in primary military occupational specialty 11B (Infantryman); however, on or about 
30 September 2007 he had been reclassified into MOS 19D (Calvary Scout).  Orders 004-031, dated 4 January 2010, issued by the Joint Force Headquarters, MANG, show that he retained 11B as secondary MOS until 12 December 2009, when it was again made his primary MOS.

3.  His Army Military Human Resource Record (AMHRR) contains:

	a.  Orders 017-131, issued by the Massachusetts National Guard, dated 
17 January 2008, which ordered the applicant to active duty in support of the 27th Brigade Combat Team (BCT) Task Force Phoenix (Operation Enduring Freedom).  The 27th BCT is an infantry brigade of the New York Army National Guard and a component of the 42nd Infantry Division.

	b.  Permanent Orders 268-002 issued by Headquarters, Combined Joint Task Force-101, Bagram Airfield, Afghanistan, dated 24 September 2008.  These orders awarded him the Purple Heart for wounds received in action on 
24 September 2008.

	c.  A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 10 March 2009 completed as part of a line of duty (LOD) investigation.  Item 15 (Details of Accident or History or Disease) of this form states that "On 
24 Sep 08, Soldier was a vehicle gunner when it was hit by an IED."

	d.  DA Form 199 ( Physical Evaluation Board (PEB) Proceedings), dated 
20 January 2011.  This document shows that he sustained an amputation above the right knee along with other injuries.  His injuries were classified as battle injuries caused by an instrumentality of war.  The onset of the injury occurred while the applicant was sitting in the turret gunner position of a Humvee.

4.  He provides Permanent Orders 319-002 issued by the Deputy Chief of Personnel Support, Headquarters, Combined Security Transition Command, Afghanistan, dated 14 November 2008.  These orders show he was awarded the Bronze Star Medal for exceptionally meritorious service while deployed in support of Operation Enduring Freedom during the period 20 March 2008 to
24 September 2008.

5.  He also provides a DA Form 4187 (Personnel Action), recommendation for the Combat Infantryman Badge for the period 1 - 30 September 2008.  In Section IV (Remarks) of this form shows that the Regional Police Advisory Command - Central commander stated that the applicant was "personally present and under hostile fire while serving with an assigned Embedded Training Team advisor to the Afghanistan National Police, in a unit actively engaged in ground combat with the enemy."  This form lists the applicant's MOS as 11B.  Although his chain of command recommended the award, his record does not contain Combat Infantryman Badge orders.

6.  He was honorably retired due to permanent disability on 21 May 2011.  His DD Form 214 lists in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized to wear:
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal (GWOTSM)
* Kosovo Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal (AFRM) with Mobilization (M) Device
* North Atlantic Treaty Organization Medal
* Driver and Mechanic Badge with "W" clasp (Driver-Wheeled Vehicle)
* German Army Marksmanship Badge - Silver

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  The infantry or Special Forces MOS does not necessarily have to be the Soldier’s primary specialty, as long as the Soldier has been properly trained in infantry or Special Forces tactics, possesses the appropriate skill code, and is serving in that specialty when engaged in active ground combat.  As a special provision authorized for the War on Terrorism the CIB may be awarded to recognize those U.S. Army Infantry and Special Forces Soldiers embedded in formed Afghan National Army or Iraqi infantry/special force units, or Iraqi specialized Infantry type units, of brigade, regimental or smaller size during the time that the supported infantry/special force unit engages in active ground combat, to close with and destroy the enemy with direct fires.  Qualified Soldiers must have been personally present and participated in the combat operations.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	c.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant served during the Consoldiation II (1 October 2006-30 November 2009) campaign period.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the same regulation contains preparation instructions for the DD Form 214.  The instructions for item 13 state to list all awards and decorations for all periods of service.  The instructions for item 18 state to enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for Soldiers for deployed with their unit.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Purple Heart and the Bronze Star Medal; therefore, his DD Form 214 should be corrected to show these awards.

2.  The available evidence shows that the applicant was recommended for the Combat Infantryman Badge and he was assigned to the 27th BCT embedded with advisors to the Afghanistan National Police during his tour of duty in Afghanistan.  Further, his commander confirms the applicant's unit was actively engaged in ground combat with the enemy.

3.  Although the applicant was reclassified into an armor MOS his LOD investigation and PEB proceedings state that he was injured while sitting in the turret gunner position of a humvee.  These statements show that he was performing the duties of an infantryman at the time of his injury.  Further, his MOS is listed as 11B on his recommendation for the badge.  Based on a preponderance of the evidence he meets the criteria for the award of the Combat Infantryman Badge.

4.  The available evidence shows he was not subjected to courts-martial or any disciplinary action under the UCMJ while he served on active duty.  There is no evidence the applicant had lost time due to absence without leave or another cause.  A review of his military personnel record did not reveal a disqualification for award of the Good Conduct Medal; therefore, in the absence of evidence to the contrary, he is entitled to award of the Good Conduct Medal for the period from 24 January 2008 through 23 January 2011 and to have this award added to his DD Form 214.

5.  He served a qualifying period for award of the Afghanistan Campaign Medal and he participated in one campaign during this period of deployment; therefore, he is entitled to correction of his DD Form 214 to show this award with one bronze service star.  In addition, Item 18 of his DD Form 214 should be corrected to show his period of foreign service in Afghanistan.

BOARD VOTE:

___X____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 awarding him the Combat Infantryman Badge (1 - 30 September 2008) and the Army Good Conduct Medal (24 January 2008 through 23 January 2011) and amending to his DD Form 214 as follows:

	a.  Item 13 - add the Army Good Conduct Medal (1st Award), Purple Heart, Bronze Star Medal, Afghanistan Campaign Medal with one bronze service star, and Combat Infantryman Badge; and
	
	b.  Item 18 - add the statement "SERVICE IN AFGHANISTAN FROM 20080320 - 20080924."


      ___________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)                                         AR20120021798





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ABCMR Record of Proceedings (cont)                                         AR20120021798



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