BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130007181 


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 Presidential Unit Citation (PUC) and the Combat Action Badge (CAB) for his service in Iraq.

2.  The applicant states he received a Purple Heart for wounds received from a grenade in November 2003.  He also has a disability rating for injuries he received from an improvised explosive device in 2004.  These events should qualify him for award of the CAB.  He further states he served with the 4th Battalion, 27th Field Artillery Regiment in Iraq from April 2003 to July 2004.  His unit received the PUC for service during the time of his assignment.

3.  The applicant provides a copy of his certificate for award of the Purple Heart.

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.  On 12 June 2001, the applicant enlisted in the Regular Army.  He was awarded military occupational specialty 13F (Fire Support Specialist).

3.  Records show the applicant served in Iraq from 29 April 2003 to 7 July 2004, and again from 16 November 2005 to 7 November 2006.

4.  A Purple Heart Certificate, as filed in the applicant's Army Military Human Resource Record (AMHRR) and also provided by the applicant, indicates that he was wounded in action while assigned to Headquarters and Headquarters Battery (HHB), 4th Battalion, 27th Field Artillery Regiment.  The certificate is dated 3 December 2003.

5.  A certificate for award of the Army Commendation Medal, as filed in the applicant's AMHRR, indicates that Permanent Orders Number 58-007, 2nd Brigade, 1st Armored Division, were published to announce the award of this medal to him for his exceptional service from 1 May 2003 to 20 February 2004.  The citation states he had performed combat operations against paramilitary forces in Baghdad while assigned to HHB, 4th Battalion, 27th Field Artillery Regiment.

6.  A certificate for award of the Army Commendation Medal, as filed in the applicant's AMHRR, indicates that Permanent Orders Number 304-022, 1st Brigade, dated 31 October 2006, were published to announce the award of this medal to him for his exceptionally meritorious service from 15 November 2005 to 21 October 2006.  The citation states he had performed combat operations in Iraq while assigned to HHB, 4th Battalion, 27th Field Artillery Regiment.

7.  On 16 February 2007, the applicant was released from active duty.  His 
DD Form 214 shows his awards included the Purple Heart, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and Overseas Service Ribbon (with Numeral 3).

8.  Department of the Army General Orders (DAGO) Number 2009-14, dated 
16 December 2009, announced award of the PUC to the 4th Battalion, 27th Field Artillery Regiment for extraordinary heroism in action against an armed enemy for the period 16 April 2004 to 15 July 2004.

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

	a.  States the requirements for award of the CAB are branch and MOS 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 CAB.  However, it is not intended to award the CAB 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 (CIB) or the Combat Medical Badge (CMB).  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Only one CAB may be awarded during a qualifying period.

	b.  States the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom (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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the PUC and the CAB for his service in Iraq.  He argues that his award of the Purple Heart and subsequent disability rating should be sufficient evidence for award of the CAB.

2.  The available evidence of record shows that the applicant served two tours of duty in Iraq, from 29 April 2003 to 7 July 2004, and again from 16 November 2005 to 7 November 2006.  The applicant did not hold a qualifying MOS for award of the CIB or CMB.  Furthermore, his two personal decorations and Purple Heart strongly support his having engaged the enemy in combat, or the enemy having engaged him.  Therefore, the applicant should be awarded the CAB for actions on 3 December 2003 and it should be shown on his DD Form 214.

3.  DAGO shows that the applicant's unit was awarded the PUC for extraordinary heroism during a period he was assigned.  Therefore, this unit award should be shown on his DD Form 214.

4.  The available evidence of record shows that the applicant was awarded two ARCOMs; however, only one of these awards is indicated on his DD Form 214.  It would be appropriate to add the second award.

5.  Records show the applicant served in Iraq during four campaign periods.  It appears he was authorized the Global War on Terrorism Expeditionary Medal for his first tour of duty (two campaign periods).  Therefore, he is authorized to wear two bronze service stars on his already-awarded ICM for his second tour of duty.

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:

	a.  awarding him the Combat Action Badge, effective 3 December 2003;

	b.  delete from his DD Form 214 the Army Commendation Medal and the Iraq Campaign Medal;






	c.  show, in addition to the awards already-shown on his DD Form 214, that his awards include:

* Army Commendation Medal (2nd Award)
* Presidential Unit Citation
* Iraq Campaign Medal with two bronze service stars
* 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)                                         AR20130007181





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ABCMR Record of Proceedings (cont)                                         AR20130007181



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