IN THE CASE OF

		BOARD DATE:	    26 June 2014

		DOCKET NUMBER:  AR20130020827 


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, through his Member of Congress, reconsideration of his earlier request for award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states:

* he was actively engaged in ground combat and met the criteria for award of the Combat Infantryman Badge
* his unit was actively engaged in ground warfare against the Iraq forces during Operation Desert Storm in 1991
* he served in an imminent danger pay area which is reflected on his DA Form 2-1 (Personnel Qualification Record-Part II)
* he was assigned to an infantry unit during Operation Desert Storm and he mailed his family letters using this address
* a book was written about his unit outlining the unit's combat engagement during Operation Desert Storm; his battalion commander and battalion command sergeant major are shown with the badge
* he has multiple photographs of himself during that war, some of them with Iraqi detainees

3.  The applicant provides:

* Permanent change of station orders (previously available)
* Servicemen's Group Life Insurance Election (previously available)
* DA Form 2-1 (previously considered)
* A book titled "The Victory Book - A Desert Storm Chronicle"
* Multiple Photographs
* Driver License
* Department of Veteran Affairs (VA) Card
* Geneva Convention Identification Card
* U.S. Passport

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130002335, on 9 July 2013.

2.  The applicant provides a new argument and an extract of a book.  This is considered new evidence and warrants consideration by the Board.   

3.  The applicant enlisted in the Regular Army on 7 March 1988.  He completed one station unit training (OSUT) at Fort Benning, GA, and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

4.  Following his service in Germany from July 1988 to July 1990, he was reassigned to Fort Stewart, GA.  He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry, 24th Infantry Division. 

5.  Items 5 (Overseas Service) and 27 (Remarks) of his DA Form 2-1 show he served in Southwest Asia in support of Operations Desert Shield/Dessert Storm from 27 August 1990 to 24 March 1991.

6.  He was honorably released from active duty on 6 March 1992.  His DD Form 214 shows he was awarded or authorized the: 

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal with two bronze service stars
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
* Kuwait Liberation Medal

7.  His records do not contain orders or evidence supporting awards of the Combat Infantryman Badge or the Purple Heart.

8.  His medical records are not available for review with this case.  There is no casualty report in his service record confirming a combat injury.  There is no notification to the next of kin of a combat injury or wound.  

9.  On 6 August 2013, as a result of this Board's decision, he was issued a DD Form 215 (Correction to DD Form 214) that added his service in Southwest Asia and awards of the Army Achievement Medal, Overseas Service Ribbon, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait). 

10.  He provides: 

	a.  Multiple personal identification documents to include U.S. Passport, VA card, driver license, and military identification card. 

	b.  Multiple photographs of what appears to be himself with comrades and/or enemy detainees. 

	c.  An extract of a book, titled "the Victory Book, A Desert Storm Chronicle" that chronicles the 3rd Battalion, 7th Infantry Regiment's alert, deployment, and performance during Operation Desert Storm.  Two photographs are shown of the battalion commander and command sergeant major in desert fatigues with the Combat Infantryman Badge displayed on their uniform. 

11.  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.  U.S. Total Army Personnel Command (PERSCOM) Message date/time group 171226Z January 1991, Subject:  Delegation of Wartime Award Approval Authority, provided special guidance for Operation Desert Storm.  It stated, "Division commanders in the grade of major general who had troops committed to the combat operation and hospital commanders receiving casualties could award the Purple Heart to Soldiers who were wounded as the direct result, repeat, direct result of enemy action."

	c.  The Combat Infantryman Badge is awarded after meeting three requirements.  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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Combat Infantryman Badge: 

	a.  As previously indicated, 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, there are no orders on file and he provides none to show he was awarded the Combat infantryman Badge.  His infantry MOS and his service in Southwest Asia with an infantry unit are not in question.  However, there is no evidence of record and he provides none to show he was actively present while his infantry unit engaged in active ground combat.  The fact that his battalion commander and battalion command sergeant major displayed this badge on their uniforms as shown in a book does not establish the applicant's entitlement to this baddge.  

	c.  Again, notwithstanding his sincerity, in the absence of the orders or official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when the unit was engaged in active ground combat, there is an insufficient evidentiary basis to support award of the Combat Infantryman Badge or adding it to his DD Form 214.

2.  With respect to the Purple Heart:

	a.  Also as previously indicated, the criteria for 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any orders and he provides none that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His service medical records are not available for review with this case and nothing in his personnel record reflects a combat injury or treatment.

	c.  In the absence of official orders awarding him the Purple Heart or documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis upon which to support award of the Purple Heart or adding it to his
DD Form 214.

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 to amend the decision of the ABCMR set forth in Docket Number AR20130002335, dated 9 July 2013.



      _______ _  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)                                         AR20130020827





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ABCMR Record of Proceedings (cont)                                         AR20130020827



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