IN THE CASE OF: 

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20140007290 


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, the mother of a disabled former service member (FSM), requests correction of the FSM's military records to show he was awarded the Combat Infantryman Badge (CIB).

2.  The applicant states the FSM engaged in active combat with the enemy and was wounded by small arms fire.  He received the Purple Heart for his wound.

3.  The applicant provides copies of:

* The FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Casualty Report (Pages 2-4)
* Enlisted Record Brief (ERB)
* Letter from the U.S. Army Human Resources Command (HRC) dated             6 February 2014
* Letter of support from an individual associated with the Wounded Warrior Program, undated
* Letters of Guardianship, The State of Texas, with copy of court appointment order 
* Permanent Orders 320-29, North Atlantic Medical Command, dated          15 November 2004



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 20 February 2003, the FSM enlisted in the Regular Army and completed his training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  On or about 23 September 2003, the FSM was assigned for duty in the Republic of Korea (ROK) where he was subsequently assigned to Company A, 1st Battalion, 503rd Infantry Regiment.

4.  On or about 24 July 2004, the FSM was assigned as a member of his unit for duty in Iraq.

5.  A casualty report, as provided by the applicant, provides the following information:

	a.  the FSM was wounded by enemy action on 13 November 2004 in "Ar Ramadi, Iraq";

	b.  the FSM was a passenger in an M998 vehicle during Operation Normandy, and had engaged in small arms fire in the street.  The FSM was shot in the head and was immediately evacuated to the combat outpost and then continued on to the "31st CST"; and

	c.  Permanent Orders 320-29, North Atlantic Regional Medical Command, dated 15 November 2004, announced the FSM's award of the Purple Heart for wounds received as a direct result of hostile actions on 13 November 2004.

6.  A DA Form 4980-14 (Army Commendation Medal (ARCOM) Certificate) indicates that Permanent Orders 026-001, Headquarters, Fort Carson, CO, announced award this award to the FSM for exceptionally meritorious service.  The citation on the certificate states he had superbly performed in all aspects of his duties as an infantryman during the period 
20 February 2003 to 21 February 2005.

7.  On 21 February 2005, the FSM was retired due to physical disability.  He had attained the rank of specialist, pay grade E-4, and had completed 2 years and 
2 days of creditable active duty service.  His DD Form 214 shows:

	a.  his awards as:

* Purple Heart
* Korea Defense Service Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

	b.  his foreign service as 3 months and 21 days

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

	a.  states there are basically 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.  states the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

9.  Army Regulation 614-30 (Overseas Service) outlines overseas tour credit.  Table 3-2, rules 2 and 3 provide that when less than the normal prescribed overseas tour, and curtailment is for the convenience of the Government and through no request from or fault of the Soldier credit is awarded for a completed tour.  Credit for a completed tour is also granted when the Soldier is in a temporary change of station (TCS), temporary duty (TDY), or a permanent change of station (PCS) status overseas and evacuates to and is hospitalized in the continental United States (CONUS) or at area of residence, or evacuates for medical reasons to and is contained in offshore hospital longer than the theater policy when the cause of evacuation is wounds resulting from enemy or hostile action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's military records should be corrected to show he was awarded the CIB.

2.  The available evidence clearly shows that the FSM was an infantryman in an infantry unit at the time he was wounded by enemy action.  The available evidence further shows he was engaging the enemy in small arms fire when he was wounded.  As a result of his wound, he was immediately evacuated for medical treatment.

3.  Furthermore, the FSM's subsequent award of the ARCOM stating that he had performed superbly as an infantryman for his entire period of active duty service is sufficiently convincing that his performance in combat at the time of his wounding was of such quality to support award of the CIB.  The FSM should now be awarded the CIB effective 13 November 2004.

4.  The available evidence shows that the FSM's tour in the ROK was curtailed at the convenience of the government for the purpose of deploying him to Iraq.  Therefore, he should be authorized a completed tour of duty for his service in the ROK.  Because he was subsequently medically evacuated from Iraq as a result of enemy action, he should also be authorized the OSR for this deployment.  Accordingly, his DD Form 214 should show the OSR with Numeral 2.

5.  The available evidence indicates that the FSM served in the ROK for 
10 months and in Iraq for 3 months and 21 days, totaling 1 year, 1 month and 
21 days.  However, his DD Form 214 only shows 3 months and 21 days which should be corrected.

6.  In view of the above, the applicant's request should be granted.

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 the FSM the Combat Infantryman Badge effective 
13 November 2004; and

	b.  issuing a DD Form 215 (Correction to DD Form 214) to show, in addition to the awards already shown on his DD Form 214, that he is authorized the  Combat Infantryman Badge, Overseas Service Ribbon with Numeral 2, and that he completed 1 year, 1 month, and 21 days of foreign service.




      _______ _ 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)                                         AR20140007290





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ABCMR Record of Proceedings (cont)                                         AR20140007290



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