IN THE CASE OF:	 

		BOARD DATE:	  6 February 2014

		DOCKET NUMBER:  AR20130009926 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 November 2005 to show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states:

	a.  He was awarded the Combat Infantryman Badge on 8 October 2005, but this occurred after his DD Form 214 had been issued.  He is submitting a copy of the orders in support of his request.

	b.  He is also requesting award of the Purple Heart for injuries sustained due to an improvised explosive device (IED) blast in Iraq on 29 July 2005.  He understands an award of the Purple Heart is warranted in the case of an IED blast resulting in an injury.  He recently became aware of the Army's improved position for allowing battlefield "concussions" award of the Purple Heart.  He was involved in three separate IED blasts, one of which resulted in being awarded disability from the Department of Veterans Affairs (VA) for post-concussion headaches.  He is attaching a sworn statement submitted in 2013 on his behalf.

	c.  Between 20 June 2004 and 20 November 2005, while serving on active duty as a member of the Wisconsin Army National Guard (WIARNG), he was subsequently assigned to Company C, 3d Battalion, 69th Armor, conducting operations in Patrol Base Casino (later named Olsen) in the city of Samarra, Iraq. 
There were three incidents in which he believes he sustained concussions and there is one incident in particular that best documents this and has had a continuous impact on his life.

	d.  On 29 July 2005 at 2300 hours, an IED detonated on Section B of the Green Platoon, Company C, 3d Battalion, 69th Armor.  The 155-millimeter artillery shell detonated while both he and Sergeant M____ were dismounting their vehicles to check on the base of the power line towers.  He was picked up and thrown across the road by the blast.  He landed, impacting his head on the ground, and lost consciousness for 20 to 30 seconds.  When he regained consciousness, he attempted to stand and suddenly became sick and vomited.

	e.  He had severe head pain, loss of hearing in his right ear (due to a partially-perforated ear drum from which he was bleeding), and had difficult gaining his balance.  He remembers being confused and disoriented for a period of time, but that eventually cleared.  The headache stayed with him and worsened as the patrol continued.  He was later treated at the battalion aid station on Forward Operating Base (FOB) Brassfield-Mora and released.  The medical officer prescribed rest, aspirin/Motrin, and continued hydration.  He also suggested that the applicant attempt to take himself out of the patrol rotation for a night.

	f.  At the time of the incident, their company had already lost two Soldiers to IED's, as well as sustaining a number of injuries and Purple Heart awards in conjunction with direct enemy contact.  Earlier in the year, two members of his squad had been shot while they were on patrol.  He personally had to drag the body of a dead Soldier out of his mangled Humvee, cover him with his poncho liner, and evacuate him from the scene of an IED detonation.

	g.  He was not concerned with awards or recognition for himself and had never sought out such.  Upon completion of his period of stop-loss, he opted not to reenlist and was honorably discharged.  He is providing a list of the names of the members of his platoon who were a part of his patrol section and were present during the foregoing-named engagement.  Additionally, T____ W. E____, their platoon leader, was aware of this incident and was patrolling with the other section at the time.  He believes T____ W. E____ is currently serving in the rank of major and still serving on active duty somewhere.

3.  The applicant provides:

* 2001 DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* 2001 DD Form 214
* 2004 active duty orders
* 2005 Standard Form 600 (Chronological Record of Medical Care)
* 2005 IED Detonated Report
* two 2005 DA Forms 2823 (Sworn Statement)
* DA Form 1155 (Witness Statement on Individual)
* DA Form 1156 (Casualty Feeder Report)
* 2005 DA Form 4187 (Personnel Action)
* Permanent Orders 281-07
* 2005 release from active duty orders
* 2005 DD Form 214
* 2005 National Guard Bureau Form 22 (Report of Separation and Record of Service)
* 2006 and 2010 VA Rating Decisions
* 2013 DA Form 2823
* list of platoon members

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.  With respect to the Purple Heart:

	a.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-5, the regulation under which this Board operates, states the Board will not consider any application if it determines that all administrative remedies available have not been exhausted.  There is no evidence that he submitted a request to the U.S. Army Human Resources Command (HRC),
 ATTN:  AHRC-PDO-PA, 1600 Spearhead Avenue, Fort Knox, KY  40121-5743, for proper action and was denied relief.

	b.  The applicant is advised to exhaust his administrative remedies through HRC and, if denied, he may resubmit his application to this Board with the supporting evidence and the HRC denial letter.  As a result, this portion of his request will not be further discussed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 22 August 1997.  He completed training and was awarded military occupational specialty (MOS) 11B (infantryman).  He was released from active duty on 5 July 2001 to attend school and was transferred to a WIARNG unit.

4.  He was ordered to active duty in support of Operation Enduring Freedom and entered active duty on 20 June 2004.  He held MOS 11B.

5.  He provided the following documentation:

	a.  A DA Form 4187, dated 8 October 2005, shows the applicant and several other Soldiers assigned to the 3d Battalion, 69th Armor, 3d Infantry Division, were approved for award of the Combat Infantryman Badge for engaging in active ground combat in Iraq on 1 January 2005.

	b.  Headquarters, 42d Infantry Division, Permanent Orders 281-07, dated 8 October 2005, awarded the applicant and several other Soldiers the Combat Infantryman Badge for actively engaging or being engaged by the enemy on 1 January 2005.

6.  He was released from active duty to the control of the WIARNG on 20 November 2005.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon (2nd Award)
* Army Service Ribbon
* Multinational Force Observers Medal
* Expert Infantryman Badge
* Air Assault Badge
* Global War on Terrorism Service Medal
* Iraq Campaign Medal

7.  His DD Form 214 also shows he served in Iraq from 24 November 2004 through 29 October 2005.

8.  He was honorably discharged from the WIARNG on 8 March 2006.

9.  Army Regulation 600-8-22 (Military Award) states the Iraq Campaign Medal is awarded to members of the Armed Forces who served in direct support of Operation Iraqi Freedom.  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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  Approved campaigns are:

* 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)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010
* New Dawn (1 September 2010-31 December 2011)

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 this award for successful completion of overseas tours.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Combat Infantryman Badge in Iraq; therefore, he is entitled to correction of his DD Form 214 for the period ending 20 November 2005 to show this badge.

2.  He also completed a qualifying period of service for award of one bronze service star for wear on his already-awarded Iraq Campaign Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 November 2005 to show this service star.

3.  The evidence also shows he completed a qualifying period of service for award of the Overseas Service Ribbon.  He is therefore entitled to correction of his DD Form 214 for the period ending 20 November 2005 to show this award.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* deleting award of the Iraq Campaign Medal from the applicant's DD Form 214 for the period ending 20 November 2005
* adding the following awards to his DD Form 214 for the period ending 20 November 2005 –

* Iraq Campaign Medal with one bronze service star
* Overseas Service Ribbon
* Combat Infantryman 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)                                         AR20130009926



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ABCMR Record of Proceedings (cont)                                         AR20130009926



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