IN THE CASE OF:  

		BOARD DATE:  23 September 2014

		DOCKET NUMBER:  AR20140003173 


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:

* Purple Heart 
* Combat Action Badge 
* Presidential Unit Citation
* Iraq Campaign Medal with four bronze service stars
* Armed Forces Expeditionary Medal
* Overseas Service Ribbon
* Army Good Conduct Medal
* three Army Commendation Medals
* Army Achievement Medal
* two Army Reserve Components Achievement Medals

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

3.  The applicant provides copies of his:

* Standard Form 600 (Chronological Record of Medical Care), dated 
28 April 2005
* three Army Commendation Medal Certificates with order numbers
* Army Achievement Medal Certificate with order number
* Army Good Conduct Medal Certificate with order number
* memoranda showing award of the Army Reserve Components Achievement Medal (First and Second Award)
* Department of Defense (DOD) Military Service Information, page 7 of 10
* Headquarters, Department of the Army General Orders (DAGO) Number 2010-22, dated 24 November 2010
* Enlisted Record Brief (ERB)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 August 2001.  He held military occupational specialty 14R (Bradley Linebacker Crewmember). 

2.  On 29 April 2006, he was released from active duty and transferred to the U.S. Army Reserve (USAR), in the rank of specialist.  He had completed 4 years, 8 months, and 9 days of active duty service.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Iraq Campaign Medal 

	b.  item 18 (Remarks) shows service in Kuwait/Iraq from 5 January 2005 through 4 January 2006.

3.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Purple Heart or the Combat Action Badge.

4.  The applicant provides copies of:

	a.  His SF 600, dated 28 April 2005, showing he was treated for injuries resulting from an improvised explosive device incident.

	b.  Permanent Order Number 344-38, dated 10 December 2005, showing he was awarded the Army Commendation Medal for exceptionally meritorious service from 21 August 2001 through 10 March 2006.

	c.  Permanent Order Number 124-226, dated 4 May 2003, showing he was awarded the Army Commendation Medal for meritorious service from 20 March 2003 through 1 May 2003, while assigned to the 1st Battalion, 3rd Air Defense Artillery.

	d.  Permanent Order Number 283-9, dated 10 October 2005, showing he was awarded the Army Commendation Medal for exceptionally meritorious service from 4 January 2005 through 20 December 2005.  This award is listed on his 
DD Form 214 and filed on the Integrated Personnel Electronic Records Management System (iPERMS).

	e.  Permanent Order Number 257-08, dated 18 August 2004, showing he was awarded the Army Achievement Medal for meritorious achievement from 17 May 2004 through 26 June 2004.  This order is filed on iPERMS. 

	f.  Permanent Orders Number 124-22, dated 5 May 2005, showing he was awarded the Army Good Conduct Medal for the period 21 August 2001 to 
21 August 2004.

	g.  Headquarters, 304th Sustainment Brigade memoranda showing he was awarded the Army Reserve Components Achievement Medal (1st Award) for the period 12 November 2009 to 12 November 2012 and the Second Award for the period 13 November 2012 to 8 February 2014.

	h.  DOD Military Service Information showing his deployment periods as:

		(1)  Iraq from 23 September 2002 to 9 August 2003 (10 months and 
17 days);

		(2)  Kuwait from 11 January to 21 March 2005 (2 months and 11 days); and

		(3)  Iraq from 22 March 2005 to 6 January 2006 (9 months and 15 days).

	i.  DAGO Number 2010-22, showing the Presidential Unit Citation was awarded to the 1st Battalion, 3d Air Defense Artillery for the period 19 March to 
1 May 2003.   

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  A bronze service star is authorized with the Iraq Campaign Medal for each campaign a member is credited with participating in.  During the applicant's period of service in Iraq, he participated in the following campaigns:

* 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)

	b.  Any member (or former member) of the Army who believes he or she is eligible for award of the Purple Heart or the Combat Action Badge, but through unusual circumstances no award was made, may submit a request to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Drive, Fort Knox, KY  40122.  The request will include documentation pertaining to the wound and inflicting force, including:

* deployment orders
* ERB
* one-page narrative describing the qualifying incident and the conditions under which the service member was injured or wounded
* notarized statements from at least two individuals other than the proposed recipient who were personally present, observed the incident, and have direct knowledge of the event; alternatively, other official documentation may be used to corroborate the narrative
* casualty report
* Standard Form 600 (Chronological Record of Medical Care)
* DD Form 214

	c.  the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Army Regulation 600-8-22 defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

	d.  the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (NOTE:  Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more.  Therefore, the OSR may be granted if the applicant served at least 8 months and 16 days on his/her tour.)  

	e.  the Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated in paragraph 2-1 that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  

7.  Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, provides that the Board will not consider a request if it determines the applicant has not exhausted all available administrative remedies.



DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that shows the applicant was awarded the Purple Heart or the Combat Action Badge.  The evidence of record shows that former members of the Army should submit a request for award of the Purple Heart and the Combat Action Badge to the Commander, U.S. Army Human Resources Command.  There is no evidence the applicant has exhausted this administrative remedy.  Therefore, the applicant's request for award of the Purple Heart and Combat Action Badge will not be discussed further in this Record of Proceedings.

2.  Permanent orders awarded the applicant three Army Commendation Medals, one Army Achievement Medal, and the Army Good Conduct Medal.

3.  He served qualifying periods of service during his deployments to Iraq in 2002 and 2005 for two awards of the Overseas Service Ribbon.

4.  Records also show the applicant served in Iraq during four campaigns.

5.  His DD Form 214 should be corrected to show the above awards.

6.  There is no evidence showing he served a qualifying period of service for award of the Armed Forces Expeditionary Medal.

7.  The Army Reserve Components Achievement Medals should not be added because they were not awarded during the period covered by his DD Form 214.  In addition, the second award of this medal was for a period of less than 3 years.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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:

	a.  deleting the Army Commendation Medal from his DD Form 214; and

	b.  adding the following awards to item 13 of his DD Form 214:

* Army Commendation Medal (3 Awards)
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* four bronze service stars for his already-awarded Iraq Campaign Medal 
* Overseas Service Ribbon (2 Awards)
* Presidential Unit Citation

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 correcting his DD Form 214 to show award of the Armed Forces Expeditionary Medal and the Army Reserve Components Achievement Medal (2 Awards).



      _____________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)                                         AR20130006762



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ABCMR Record of Proceedings (cont)                                         AR20140003173



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