IN THE CASE OF:	  

		BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130014481 


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 the following awards:

* Purple Heart
* Combat Action Badge

2.  The applicant states he was awarded both of these awards.

3.  The applicant provides:

* Multi-National Corps Iraq Permanent Orders 056-010, dated 25 February 2005
* Purple Heart Certificate, dated 25 February 2005

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 31 December 2003.

3.  He was assigned for duty in the Republic of Korea on or about 13 May 2004 for a period of approximately 3 months.

4.  He was assigned for duty in Iraq during the period 8 August 2004 to 9 August 2005.

5.  Multi-National Corps Iraq Permanent Orders 056-010 provided by the applicant announced award of the Purple Heart to him for wounds received as a result of enemy or hostile actions on 29 November 2004.

6.  On 30 December 2007, the applicant was released from active duty due to completion of required active service.  He had attained the rank of specialist/pay grade E-4 and he completed 4 years of creditable active duty service.  His DD Form 214 shows his authorized awards as:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members 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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns included Iraqi Governance from 29 June 2004 to 15 December 2005.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The requirements for award of the Combat Action Badge 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 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.  Only one Combat Action Badge may be awarded during a qualifying period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and Combat Action Badge.

2.  Permanent orders show the applicant was awarded the Purple Heart for wounds sustained as a result of enemy action on 29 November 2004.  Therefore, this award should be shown on his DD Form 214.

3.  The evidence of record shows the applicant served in Iraq during one campaign.  Therefore, a bronze service star should be shown on his already-awarded Iraq Campaign Medal.

4.  The evidence of record shows applicant served a qualifying period of duty in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, this award should be shown on his DD Form 214.

5.  There are no available orders or other documented evidence of record showing the applicant was recommended for or awarded the Combat Action Badge.  Although the applicant contends he was awarded this badge, he has not provided any documentary evidence to support his contention.  Therefore, this portion of his request should be denied.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 following awards to his DD Form 214:

* Purple Heart
* Korea Defense Service Medal
* one bronze service star to his already-awarded Iraq Campaign Medal

2.  The Board further determined 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 showing he was awarded 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)                                         AR20130014481



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ABCMR Record of Proceedings (cont)                                         AR20130014481



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